Question:
Assalamualaikum SS Dato’ Seri Mufti. If I bought some fruits such as durian or grapes in stores, then I took some of the seeds from the fruits for propagation and replant them to produce new trees and fruits with the purpose of wanting to sell them back, is it considered as stealing or a violation of the rights of the original person who planted the trees? Hope for an explanation.
Answer:
Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
First of all, thank you for the person who asks this question. This is a common issue that happens in our daily lives. Answering the issue at hand, it is permissible to replant the seeds from store-bought fruits. The reason is, generally every purchase of fruits includes the seeds of the fruits inside of it. This matter is known as uruf ‘amali which is recognized in Islamic law, the same as stated in an Islamic legal maxim:
الْعَادَةُ محكمَة
“The culture of a place is used as its ruling”
The same is stated in another Islamic legal maxim:
التَّابِعُ تَابِعٌ أَنَّهُ لَايُفْرَدُ بِالحُكْمِ لِأَنَّهُ جعل تبعا
“A follower follows the one it followed, indeed he (follower) can’t have his own ruling for he is a follower.” (See Al-Ashbah wa al-Naza’ir, 1/117)
Every purchase that involves fruits would usually mean the seeds inside the fruits are paid for together. Thus, the buyer has a right to do anything with the seeds, whether to replant the seeds or to throw them away.
The same applies to the issue of selling and profiting from the replanted seeds, it is permissible. The reason is, it returns to its original ruling of planting seeds, which is permissible. Hence, the money from the sale is halal (permissible) and pure.
Conclusion
As a conclusion, we state that it is permissible for a person to replant the seeds from store-bought fruits. This is not considered as stealing nor is it a violation of right. It is a norm in our lives where the purchase of fruits includes the purchase of the seeds inside of the fruits themselves. The same is for the money from the sale of replanted fruits, it is halal (permissible) and pure money.
May this explanation open our minds and give us a deeper understanding in our religion. Amin.