Nasai

English Translation:

The sale contract for several years is prohibited because the item being contracted for does not exist. When the sale is of a specific item, for example: the fruit of this tree or this orchard, then it is necessary for the fruit to be present, because it is possible that this tree or orchard may be destroyed—then from where will its fruit come? However, if the contract is for a non-specific item, for example: 20 maunds of dates or wheat, etc., then the contract is permissible, even if the wheat has not yet been sown, because, overall, nothing can become completely unavailable from the world or the market; therefore, if it is not obtained from one field, it will be obtained from another.

Hadith Commentary: Benefits and Issues: The meaning of "wadh‘ al-jawa’ih" is that if, as a result of natural disasters, the fruit is destroyed, then the seller should not collect its price.

Benefits and Issues:

➊
The meaning of selling for several years is, for example, selling the fruit of the next two or three years in advance and receiving the price beforehand—this is prohibited.

➋
The wisdom behind this prohibition is that it cannot be known what the yield will be in the coming years, or even whether there will be any yield at all. It is also possible that the fruit may come and then be destroyed, resulting in the buyer’s money being lost. In this respect, this sale falls under bay‘ al-gharar (sale involving uncertainty/deception).

➌
For details regarding bay‘ al-gharar, see Hadith: 2194 to 2197.

English Translation:

It is not permissible and is forbidden in Shariah to sell the fruits of a garden or specific trees in advance for several years. The reason for this is that it involves outright deception, and moreover, it is the sale of an unknown (majhool) thing. Furthermore, the seller is making a transaction for something that does not exist, and the buyer is also purchasing something that is non-existent; then, there is no guarantee that there will actually be any produce, so what exactly is being sold? However, from this hadith, the sale of attributes (bay‘ al-sifat) is an exception. In this, the type of thing and the period are specified. The weight or quantity is also known. And the payment of the entire amount is made upfront. This is also called bay‘ al-salam or salaf. In the light of the ahadith, this is permissible. Through this method, the possibility of dispute and deception does not arise.