Nasai

(1) The purpose of fruit is to eat it after it has ripened, not while it is unripe. If unripe fruit is purchased, many calamities may befall it before it ripens. It may dry out, become infested with worms, and so on. Therefore, in the future, a dispute may arise, such as: “Sir, the fruit has been ruined. What am I paying for?” In such transactions, payment is generally made at the time of harvesting the fruit. Hence, in view of these potential disputes, this type of sale has been prohibited, as Hazrat Zayd ibn Thabit radi Allahu anhu has explicitly stated. However, if there is no risk of dispute—for example, if the unripe fruit itself is to be used, such as unripe mangoes for pickle—then there is no harm, because in this case the unripe fruit is equivalent to the ripe one. There is also no risk of loss in this case. Similarly, a crop of grain cannot be sold before it ripens, but a crop meant for fodder can be sold while still unripe, because it is to be cut while unripe.

(2) Here, the ripening of fruit refers to the stage after which there is no longer any likelihood of calamity befalling it, not that it must be in a fully edible state. For example, when a mango reaches its full size, it is picked and treated with some seasoning, after which it ripens and becomes fit for consumption. In such a condition, the buying and selling of mangoes is permissible, even though they will only become edible after seasoning. This is the meaning of their suitability becoming apparent. In other words, if the fruit is safe from calamity, it may be sold even before it is fully ripe.

Hadith Commentary:
(1)
The prohibition of buying and selling fruits before they become usable was, at first, in the form of advice and counsel, as has been mentioned in the earlier hadith. After that, it was categorically prohibited, as stated in the present hadith.
One indication of this is:
The narrator of the report regarding prohibition as advice, Hazrat Zayd bin Thabit (radi Allahu anhu), himself did not sell his fruits before they ripened.
Doing so is unlawful for the seller so that he does not consume his brother’s wealth through false means.
And the buyer is prohibited so that he does not waste his wealth and does not become a means for the seller to consume wealth through false means.
(2)
It should be noted that the prohibition pertains only to fruits; if the intention is to sell the trees, then it is not necessary to wait for the fruits to ripen, because this restriction does not apply to the buying and selling of trees.
Wallahu a‘lam.

Hadith Commentary:
Vocabulary of the Hadith:
According to Ibn A’rabi, the meaning of "zaha al-nakhl yazhu" is that its fruit has become apparent,
and "azha yazhi" means that redness or yellowness has appeared in it. According to Jawhari,
both "zaha" and "azha" mean the appearance of redness or yellowness.
The purpose is the manifestation of the fruit’s ripening capability.
"‘an al-sunbul hatta yabiyadh,"
The grain of the ear becomes hard, and due to the manifestation of its ripening capability, it is saved from calamity.

The reason for the prohibition has already been explained previously: there is a possibility of harm to the buyer, because before the fruit or crop changes color, no definite prediction can be made about it. There is also the possibility of unforeseen calamities. The actual condition of the fruit and crop only becomes clear after the color has changed; therefore, purchasing before this stage is prohibited. Furthermore, in the case of loss, disputes will arise: the seller will demand payment, and the buyer will present his excuse. So what benefit is there in getting involved in such complications? (For details, see __HADITH__: 4523, 4530)

Benefits and Issues:
➊
It is permissible to buy and sell fruit that is still attached to the trees.

➋
When blossoms appear on the trees, it seems that there will be a great abundance of fruit, but many of these blossoms fall off, and after that, sometimes they are also ruined by rain. The fruit that survives all these calamities is what the buyer actually receives; therefore, the fruit of the orchard should be sold when these stages have passed and it can be clearly estimated how much fruit is expected to be obtained. This is what is referred to in the hadith as “when the fruit’s fitness becomes apparent.”

➌
Fruits that are consumed even when unripe should also only be bought and sold when they become usable or are close to being usable.

➍
If the fruit is sold at a time when, generally, it is out of danger, but unexpectedly it is damaged by rain, storm, earthquake, etc., then the seller should give the buyer a reasonable discount in the price.

Hadith Authentication: [وأخرجه البخاري 2194، ومسلم 49/1534، من حديث مالك به]
Jurisprudential Explanation:
➊ See the previous hadith: 151
➋ In Islamic law, special consideration has been given to the rights of every individual so that people may remain protected from harm caused by one another.
➌ A thing which later causes harm can be prohibited beforehand as a preventive measure (sadd al-dhara’i) before it actually occurs.