Nasai

(1) The purpose of this chapter, according to the author rahimahullah, is to explain the issue that the sale and purchase of fruits before they ripen is permissible on the condition that they are to be cut immediately, but only in a situation where benefit can be derived from them. This is the position of Imam Shafi’i, Ahmad, and the majority of scholars. In our region, it is common practice to cut mangoes before they ripen for the purpose of making pickles.

(2) The custom prevalent among us, where people sell the fruit of their orchards for several years in advance, is, according to this hadith, impermissible and haram. When the sale and purchase of existing fruit, which is not yet fit for consumption, is prohibited, then how can it be permissible to contract for the coming year or for several years, which pertains to fruit that does not even exist yet? The reason for this prohibition is absolutely clear: it is pure deception, and it is the sale of an unknown (majhool) item, which is, according to Shariah, impermissible. Furthermore, it is also the sale of something that the seller does not possess, whereas the Messenger of Allah sallallahu alayhi wa sallam said: [لا تبعْ ما ليسَ عندكَ] “Do not sell that which is not with you.” (Jami’ al-Tirmidhi, Book of Sales, Chapter: What has been reported regarding the dislike of selling what one does not possess, Hadith: 1232; Sunan al-Nasa’i, Book of Sales, Chapter: Selling what the seller does not possess, Hadith: 4617)

(3) “When they become red,” meaning when the fruits begin to change color, whether they start turning red or yellow. From this, it is understood that ripening does not mean complete ripening, but rather being safe from calamity; otherwise, merely changing color does not mean the fruit is fully ripe. However, the process of ripening does begin. Thus, the commencement of ripening is sufficient.

(4) “On what basis will he take the money?” That is, if he is to cut the fruit immediately, then he may take the money, because you (the Prophet sallallahu alayhi wa sallam) forbade taking money in the case where the fruit is left to ripen. If they are cut immediately, then the issue of ripening does not arise. The chapter is based on this reasoning, and this is the correct view.