Ismail Shaybani narrates: I sold the fruit on the date-palm trees in exchange for one hundred wasq of dates, on the condition that if the fruit on the tree turned out to be more, it would go to them, and if it turned out to be less, the loss would also be theirs. I asked Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) about this, and he said: The Prophet Muhammad (peace and blessings be upon him) forbade this, however, he permitted it in the case of ‘ariyah.