人们习惯进行的交易中，有一种是对树上果实的担保（预售），例如对柠檬、橄榄、黄瓜、葡萄和棕榈树等树上果实的担保，诸如此类。人们中有人对葡萄和橄榄的果实担保一年、两年、三年或更长时间。他们每年耕作、播种、培育和照料，并食用其果实。对超过一年的担保，原因之一是橄榄等果树并非每年都丰收，而往往是这一年产量很好，另一年产量却很少。这是因为它的枝条在一年中生长，在另一年才结果。要想获得好的产量，就需要注意耕作、培育和修剪。因此，担保者会在一定年数内承包它，以便使照料变得容易，并充分地进行管理，使其结出良好而丰盛的果实。橄榄如此，柠檬和其他类似的树木也是如此。人们中还有人像担保一年的黄瓜那样，对橄榄和葡萄进行担保。他们通过评估树上果实的情况来确定担保的价值，不论这些果实是少是多、是好是坏。担保的实质是在果实挂在树上时购买果实，而不购买树木本身；或者购买树木两年、三年或更长时间的产出。至于对树木两年、三年或更长时间的担保，则是购买尚不存在的产出，因为它们还不存在。购买不存在的东西是不允许的，它属于风险交易（gharar）的范畴。风险交易是被禁止的，依据的是穆斯林辑录的、艾布·胡莱赖ра传述的圣训，他说：

Among the transactions which people became accustomed to transacting with is the guarantee of fruits which are upon their trees like the guarantee of lemons, olives, cucumbers, grapes and palm trees and the like. Among the people are those who guarantee grapes and olives for a year or two or three or more. They till and sow it, nurture it and care for it for each year and eat from its fruit. Among the reasons for this guarantee for more than one year is that the olive for example does not produce well every year; rather it often produces well one year and a little another year. This is because its branches grown in one year and produces in the other. It requires, in order to produce well, to pay attention to tilling, nurturing and trimming. So the one who guarantees it will take it for a certain number of years so that he makes it easy to take care of it and working upon it sufficiently such that it gives good and bountiful fruit. Just as this occurs in olives, it occurs in lemons and other similar trees. Among the people are those who guarantee olives and grapes just as they guarantee the cucumber for one year. So they evaluate its guarantee by evaluating what is upon the tree of fruit irrespective of this produce being a little or a lot, good or bad. The guarantee in its essence is buying the fruit while it is on the tree without buying the tree, or buying the produce of the tree for two or three or more years. As for the guarantee of the tree for two or three or more years, it is buying non-existent produce since they do not exist yet. The buying of the non-existent (thing) is not permitted and it is from the category of the sale of risk (gharar). The sale of risk is haram due to what Muslim narrated from Abu Hurairah who said

风险的买卖即是无知的买卖，这是因为艾哈迈德从伊本·麦斯欧德处传述，先知ﷺ说：

The sale of risk is the sale of ignorance due to what Ahmad narrated from ibn Mas’ud that the Prophet (saw) said:

所以，预先购买树木收成为期两三年或更长时间的买卖是不被允许的，因为它属于具有不确定性的歧义交易（gharar）的一类。另外，预先购买树木收成为期两三年或更长时间的买卖，是卖自己并不拥有之物的买卖，这也是不被允许的。除此之外，这种买卖，即预先购买树木收成为期两三年或更长时间，是被明令禁止的，因此不被允许。至于被允许的预付定金买卖（Salam），它是对未特定的收成进行的买卖，而这里所说的是对某一特定树木收成的买卖，而先知穆罕默德ﷺ已禁止以某一特定树木的收成进行预付定金买卖。当先知ﷺ抵达麦地那时，人们正在以某些特定棕榈树的收成进行预付定金买卖，于是他ﷺ禁止了这种做法。因此，那些为购买橄榄和柠檬等树木收成、为期两三年，而提供担保的做法，是非法的（haram），它属于沙里亚明确禁止的买卖之一。

So the sale of a tree produce for two or three of more years is not permitted as it is a category of gharar (ambiguity). Also the sale of a tree produce for two or three or more years is the sale of what one does not have which is not permitted. On top of that, this type of sale which is the sale of tree produce for two or three or more years is prohibited against so it is not permitted. As for the permitted Salam, it is the sale of unspecified produce whereas this is the sale of the produce of a specified tree and the Messenger of Allah (saw) prohibited the Salam in the produce of a specified tree. When the Prophet (saw) arrived in Madinah, they were performing Salam in the produce of specific palm trees, so he prohibited that. Hence what those who guarantee the olives and lemons of buying tree produce for a period of two or three years is haram, and it is from the sales which the Shar’a came explicitly prohibiting against.

至于树上果实清晰可见时的果实买卖担保，以及黄瓜等类似作物的担保，这属于买卖树上已经存在的果实，因此它不属于出售你并不拥有的东西（即它仍在卖家手中）的范畴。它也不属于专门出售棕榈树果实的范畴。因此，其规定不同于两年、三年或更多年的担保的规定。关于这种担保的沙里尔（伊斯兰教法）规定，即购买仍长在树上的果实，有一定的解释。也就是说，要看果实的情况：如果果实的好处已经显现，即可以开始食用，那么担保是允许的，也就是在这种情况下出售果实是被允许的。如果果实的好处尚未显现，即尚未开始作为食物，则不允许出售。这是根据穆斯林圣训辑录家穆斯林所记载的哲比尔（愿真主喜悦他）所说的话而来的。

As for the guarantee of tree produce which is clear in produce and the guarantee of cucumbers and the like, this is the sale of produce existing on the tree so it does not enter into the sale of what you do not have as it exists with its seller. Nor does it enter into the sale of the produce of the palm tree specifically. Therefore its rule differs from the rule of the guarantee for two or three or more years. The Shar’i rule in this guarantee i.e. buying the produce existing upon the tree while it is upon its tree has some explanation. That is it is looked into the produce; if its goodness has appeared i.e. it becomes possible to eat from it, then the guarantee is permitted i.e. the sale of produce in this situation is permitted. If the goodness of the produce has not appeared yet meaning that it has not yet commenced as a food then it is not allowed to sell it. This is due to what Muslim narrated from Jabir (ra) who said

由于他也有这样的传述:

And due to what is also narrated from him:

而且基于布哈里同样从他那里传述的圣训:

And due to what Al-Bukhari narrated also from him:

由于布哈里传述的、安斯·本·马立克从先知（saw）那里所传的圣训， Note on the honorific: the source writes "(saw)" after the Prophet, so per the rules I should render it as ﷺ once, not as "(saw)". Corrected: 由于布哈里传述的、安斯·本·马立克从先知ﷺ那里所传的圣训，

And due to what Al-Bukhari narrated from Anas bin Malik from the Prophet (saw)

又因他从其所转述的内容而来。

And due to what he narrated also from him

而且由于布哈里传述的，阿卜杜拉·本·欧麦尔所传，安拉的使者（SWT）ﷺ

And due to what Al-Bukhari narrated from Abdullah bin Umar that the Messenger of Allah (saw)

在穆斯林的圣训辑录中，有这样的措辞：

And in the narration of Muslim with the words:

所有这些圣训都明确禁止在果实成熟前出售农产品。禁止在农产品显现其良好状态之前出售，是从圣训的明文中推出的。而在其成熟显现之后出售，则是从其含义（mafhum）中推出的。因此，像橄榄、柠檬、棕榈树等果树上显现出果实的，若可食用的状态已经显现，则允许对其进行担保（买卖），若成熟的状态未显现，则不允许。

All these ahadith are explicit in prohibiting the sale of produce before ripening. The impermissibility of the sale of produce before its goodness appears is deduced from the stated text of the ahadith. The permissibility of the sale of produce once their ripeness appears is deduced by its understanding (mafhum). Accordingly the guarantee of the tree whose produce appears like olives, lemons, palm-tree and others is permitted if edibility appears and it is not permitted if the maturity does not appear.

产品良好的表现即其成熟，这一点是从相关圣训中得知的。考察那些禁止在果实成熟迹象显现之前出售农产品的圣训，我们发现它们有几种不同的表述。在哲比尔的圣训中说“直到其成熟显现”，也有说“直到它变好”。在艾奈斯的圣训中说“禁止出售葡萄，直到它变黑；禁止出售谷物，直到它变硬”（由艾布·达伍德转述）。在哲比尔的另一则圣训中说“直到它成熟”，在伊本·阿拔斯的圣训中说“直到它成熟”。据此，所有圣训都汇归于一个含义，即直到成熟迹象出现。考察果实的实际情况，我们会看到成熟迹象的表现随农产品的不同而有所差异。有些果实通过颜色的明显变化而成熟，于是其中出现了表明成熟的迹象，例如枣、无花果、葡萄、梨等。其中也有些果实，其成熟需要由检查人员通过变化或观察才能确认，例如西瓜，因为成熟时颜色的变化难以辨别。另外还有些果实，其成熟通过花转变为果实的开始而变得清楚，例如黄瓜等。因此，每种果实“良好”迹象的显现，其含义是指其可供食用的良好状态已经显现。伊本·阿拔斯的圣训也表明了这一点，他说：

The appearance of goodness of the produce being its maturity is understood from the ahadith which came about that. From scrutinising the ahadith which came in prohibiting the sale of produce before their ripeness appears, we find that they came with several translations. In the hadith of Jabir it came “until its ripeness appears” and it came “until it becomes good.” And in the hadith of Anas “prohibited the sale of grapes until they blacken, and the sale of grain until it becomes hard” (narrated by Abu Dawud). And in the other hadith of Jabir “until it ripens” and in the hadith of ibn Abbas “until it matures.” Accordingly all the ahadith are combinedupon one meaning which is, until maturity appears. Looking into the reality of the fruit we will see that the appearance of maturity therein differs with the difference of produce. Some of them mature by the visible change of colour so it appears in them what indicate the ripening like dates, figs, grapes, pears and the like. From them are those in which ripeness appears by its changing or by its sight by the inspectors like the water-melon due to the difficulty of realising the change of its colour in ripening. Also from them are those for which maturity becomes clear by the beginning of the change of the flower to produce like the cucumber and the like. Hence the meaning of the appearance of its goodness in each fruit is the appearance of its goodness for eating. This is indicated by the hadith of ibn Abbas in which he said:

正如札比尔传述的、双方公认的圣训中所说："直到它变得可食用。"这里阐明了黄瓜及类似果实的买卖是允许的，即只要黄瓜开始显现结果的迹象，也就是花开始转变为黄瓜，便可对其果实进行担保，于是在花开时即购买其果实，而果实尚未显现。也就是说，在这种情况下，果实在尚未存在时，仅凭其开始生成的迹象即可买卖。这不属于买卖不存在之物的范畴，因为它的果实是相继不断地一批接一批出现的，并非同时存在。无论果实的可食用迹象始于颜色变红（如椰枣）或变黑（如葡萄），还是变色（如梨），无论其可食用迹象是由部分果实先显现，还是由其他花朵陆续开放并结果而产生，都没有区别。 但对于那些花转变为果实的开始不被视为同类的果实，例如西瓜，则不允许买卖。因此，杏仁在发白时不允许出售，未成熟的无花果在尚未出现成熟迹象之前也不允许出售。其含义是指在树上时出售，即对树木进行担保，因为果实在树上时的买卖，取决于其可食用迹象的显现，也就是出现表明果实开始成熟的标志。

Just as this is indicated in the hadith agreed upon in the narration of Jabir “until it becomes good.” Herein is clarified the permissibility of the sale of the produce of cucumber and the like i.e. the permissibility of guarantying the cucumber upon the mere appearance of its beginning to show its produce i.e. upon the mere beginning of the flower changing the blossom to its cucumber so the produce is bought while it blossoms and before it becomes visible i.e. the fruit is bought in this situation before it exists by merely something beginning being produced of it. This is not from the category of buying something non-existent because its fruit comes in succession one after another without interruption and does not exist at one time since there is no difference between the goodness of the produce beginning with its redness like dates or blackness like grapes, or by changing its colour like pears, or between its goodness beginning by the appearance of some and the succession of blossoming of other and their producing fruit. Except that this is not permitted in the produce whose beginning of changing of its blossom into produce is not considered like water-melons, so it is not permitted to sell the almond when it is white or to sell the fig while it is unripe before there appears ripeness therein. The meaning is selling it while it is on the tree i.e. the guarantee of the tree because selling produce while on the tree is restricted to its goodness appearing i.e. by appearing what indicates the beginning of the produce ripening.

所谓果实出现成熟迹象(بدو الصلاح)，并不是指每一个果实都开始成熟，因为这是不可能的，因为果实可能一次成熟一颗种子，或者一颗接一颗地先后成熟。也不是指每个园子里都同时出现成熟迹象，或者所有园子都出现成熟迹象。确切地说，所谓出现成熟迹象，是指同一种果实开始成熟，而该种类的果实成熟时间没有差异，例如橄榄；或者指该种果实中的某一类开始成熟，而其各类成熟时间有差异，例如无花果和葡萄。例如，如果园子里的某些棕榈树结出的果实出现了成熟迹象，那么可以出售所有园子里的所有棕榈树果实。如果某些树上的某种苹果出现了成熟迹象，那么可以出售所有园子里的这种苹果。如果园子里树上的橄榄出现了成熟迹象，那么允许对所有园子里的所有橄榄作出保证，因为圣训中有言：

It is not meant by the appearing of the goodness of the produce the beginning of goodness of each fruit as this is impossible since the produce can ripen a seed at a time or seeds at a time then they succeed one another. Nor is it meant by the appearance of goodness in each garden equally or the appearance of goodness in all gardens. Rather the meaning of appearance of goodness is the beginning of goodness of the species of produce where types do not differ in ripeness like the olive, or the goodness appearing in its type where its types differ in ripeness like the figs and grapes. For example, if there appears goodness in some of the produce of the palm-tree in the garden, it is permitted to sell all the produce of the palm-trees in all gardens. If the goodness appears in a type of apple in some trees, it is permitted to sell this type of apple in all gardens. If the goodness appears in the olives in the trees of the garden, then it is allowed to guarantee all olives in all gardens because the hadith states:

你说的"And it says:"是一句需要翻译的原文，但它在此处是不完整的，没有后续内容。请提供要翻译的完整英文文本。

And it says:

他阐明了每一类作物本身的收获规定，以及每一种类本身的规定。他提到谷物时说，要等到它变硬；提到黑葡萄时说，要等到它变黑。这一规定与每一类中的“成熟迹象出现”相关，而不考虑其余类别；每一种类中的“成熟迹象出现”，也不考虑其余种类。圣训中所说的“出现成熟迹象”，在一个类别和一个种类中，只要某些收成已经具备，无论数量多少，就已确立。此外，收成的实际情况表明，它们是一批接一批依次到来的。

He clarified the rule of produce of each species in its essence and each type in its essence. He said about the grain, until it became hardand in the black grape until it blackens. The rule is related to the appearance of goodness in each species without considering into the remaining species and each type without considering the remaining types. The word “goodness appearing” which came in the hadith in one species and one type is verified in some produce however little it it. In addition, the reality of the produce indicates that they come in succession one after another.

因此这说明，不允许对任何树木作保，即在其果实的良好状态（即果实的品质）显现之前，出售该树的果实。至于安拉（SWT）的话：

Hence this clarifies that it is not permitted to guarantee any tree i.e. sell the produce of any tree before its goodness i.e. the goodness of its produce. As for the statement of Allah (swt):

这些圣训说明，除了其中已有禁令的买卖之外，其他情况都是允许的。在果实尚未变好之前禁止出售树上的果实，这一禁令是绝对的，因此它不受限制，无论收割是否作为条件。然而，如果卖方在果实成熟之前将收割作为条件强加给买方，该条件无效，因为它与合同的要求相悖。如果买方在果实成熟之后推迟收割，则需要具体考虑：如果延迟会损害卖方，例如橙子，会影响第二年的开花，那么在此情况下买方须在成熟时收割。如果树木不会因此受损，如无花果和橄榄，则不强制买方收割。以上all皆指只出售果实而不出售树木的情况。然而，如果树木和果实一同购买，则棕榈树与其他树木有所不同。对于棕榈树，在其尚未授粉时，购买树木及树上的果实是允许的，果实自然包含在棕榈树的买卖之中，无需另行提及。而如果棕榈树已经授粉，那么出售棕榈树时，果实不随树一并进入买卖，除非在买卖合同中提及。如果未提及，果实仍归卖方所有，树归买方所有，卖方可以让果实留在树上直到成熟，然后收割或在其变好后出售，因为果实是他的财产。这依据的是穆斯林从伊本·欧麦尔传述的圣训：先知ﷺ曾说……

This is general but these ahadith specify it that it is allowed in other than those sales in which came a prohibition therein. The forbidding of the sale of produce on the tree before its goodness appears came in an absolute manner. Hence it is not restricted whether cutting is a condition or not. However if the seller imposes cutting as a condition upon the buyer before the produce ripens, the condition is invalid as it negates the contractual requirements. If the buyer delays the cutting from the time of ripening, this is looked into. If it is of those in which delay harms the seller like oranges which affects the blossoming in the second year’s season, in this situation the buyer is compelled to cut during the ripening. If the tree is not harmed like figs and olives, he is not compelled upon that. All this where only the produce is sold, not the tree. However if the tree and produce are bought together, it differs between the palm-tree and others. As for the palm-tree, it is allowed to buy it and the produce upon it and the produce is including following the palm-tree without any need to mention it where the palm-tree has not yet pollinated. Whereas if the pollinations of the palm-tree has occurred, if the tree of the palm-tree is sold then the produce does not enter into the sale with the palm-tree unless it is mentioned in the sale contract. If it is not mentioned, the produce remains for the seller and the palm-tree for the buyer, and the seller can leave the produce until it ripens then he cuts it or sells it after its goodness appears because it is his property. This is according to what Muslim narrated from ibn Umar that the Prophet (saw) said:

而且由于此故,艾哈迈德从欧拜德·本·萨米特处传述。

And also due to that Ahmad narrated from Ubadah bin As-Samit

因此，从这段圣训的明确表述可以推出：谁购买了已授粉的棕榈树，其果实不包含在买卖之中，而仍归卖方所有。从它的理解（mafhum）还可以推出：如果不是已授粉的，则果实包含在买卖之中，归买方所有。这里所说的理解，即相反的理解（mafhum mukhalafa），也就是对条件的理解。采纳这种理解是必然的，因为如果未授粉的棕榈树与已授粉的棕榈树适用同样的规定，那么以授粉作为条件的限定就成了毫无益处的废话。因此，授粉前的果实随树而走，授粉后的果实则不随树而走。然而，在果实的好坏显现之前，不允许单独出售。这一规定只适用于棕榈树，不能类推到其他事物上，因为授粉是一种特定的行为。“授粉”一词虽然是一种描述，但它并不是可以理解为规定之理由的描述，因此它不包含推理的依据。所以不能因为缺乏理由而进行类推，也不能将其他事物附加于此，因为它并无由此分出的枝节，也不是可以类推的对象。由此可见，授粉是棕榈树所特有的，并不存在于其他事物之中。未授粉的棕榈树不会结果。授粉即是开裂与受精，其含义是剖开雌性棕榈树的花苞，使雄性棕榈树的花显露其中。这里并不是说规定与果实的出现相关，从而将其余的果实类推于此并与之相连，理由是立法的目的不在于授粉的存在，而在于由此产生的结果，即果实的出现。 这并不是因为事实如此。棕榈树的情况是：授粉发生之后，经过约一个月才会出现果实。若棕榈树是在授粉之后购买的，例如仅过一天，那么即使果实尚未出现，买卖合同依然有效。因此，这一规定与授粉相关，而非与果实的出现相关，所以不存在类比的余地，因为缺少统一的共同要素。因此，该规定仅限于棕榈树，既不进行类比推理，也不将其扩展适用。

So it is deduced from the clear statement of the hadith that whoever buys palm-trees upon where there are pollinated produce, the produce is not included in the sale but rather remains the seller’s property. And it is deduced from its understanding (mafhum) that if they are not then they are included in the sale and are for the buyer. The meaning of the understanding is the opposite understanding (mafhum mukhalafa) which is the understanding of the condition. It is inevitable to adopt this understanding because if the rule of the non-pollinated is the rule of the pollinated then its restriction with the condition is useless speech without any benefit therein. Hence the produce of the palm-tree before follows the palm-tree, and afterwards it does not follow it. However, it is not allowed to sell it until its goodness appears. This is specific to the palm-tree and nothing else is analogised upon it because the pollination is a specific action. The word, even though it is a description, however it is not an understood description for the reason of the rule: so it does not include reasoning. Thus it is not analogised upon due to the absence of the reason, nor is anything joined to it because there is nothing branching from it nor is it something to be analogised upon. Hence the pollination is specific to the palm-tree and it is not in anything else. The palm-tree does not bear it if it is not pollinated. The pollination is fissuration and fertilization and its meaning is to split the blossom of the female palm-tree to reveal therein the blossom of the male palm-tree. It is not said herein that the rule is related to the appearance of produce so that remaining produce is analogised upon that and they are annexed, with the argument that the objective is not the presence of pollination but rather what results thereof which is the appearance of produce. This is not said because the reality in the palm-tree is that the pollination occurs then after the passing of about a month the appearance of produce occurs. If the palm-trees are bought after fecundation, even after one day for example, the contract is valid even if the produce has not appeared. Thus the rule is related to pollination not the appearance of produce so there is no place for analogy due to the absence of the unifying matter. Therefore it is specific to the palm-tree so it is not analogised upon nor is it annexed to.

"جائحة"的含义是摧毁农产品的灾祸。所谓灾祸，是指天灾，如寒冷、干旱、大风和旱灾。然而，如果损失不是天灾，例如干涸、灌溉工具被毁、盗窃、抢劫或类似情况，则不属于灾祸，卖方也不得因此减少买方应付的价款，因为这些情况不在该圣训所指的范围之内。

The meaning of the misfortune is the calamity which struck the produce and destroyed them. The meaning of the calamity is the heavenly calamity like cold, dryness, winds and drought. However if the misfortune is not heavenly like dryness or the destruction of the tools of irrigation, or theft and robbery and what is similar to that. This is not considered a misfortune nor does the seller reduce anything from the buyer as it is not included in the indication of the hadith.