حَدَّثَنَا يَحْيَى بْنُ يَحْيَى، قَالَ قَرَأْتُ عَلَى مَالِكٍ عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنْ بَيْعِ الثَّمَرِ حَتَّى يَبْدُوَ صَلاَحُهَا نَهَى الْبَائِعَ وَالْمُبْتَاعَ.
Translation
Ibn Umar (Allah be pleased with them) reported Allah's Messenger' (ﷺ) as saying

Do not buy fruits (on the trees) until their good condition becomes clear.

Comment

The Book of Transactions

Sahih Muslim 1534 g

Prohibition of Uncertain Sales

This hadith prohibits the sale of fruits before their condition becomes evident, falling under the category of "Gharar" (uncertainty) in Islamic commercial law. Such transactions contain unknown elements that may lead to disputes between buyer and seller.

Scholarly Interpretation

Classical scholars explain that fruits must reach the stage of "Badhq" or evident ripening where their edible quality becomes apparent. This ensures both parties know exactly what is being transacted.

Ibn Qudamah states: "This prohibition applies to all crops where the outcome is uncertain until harvest time. The wisdom is to prevent disputes over quality and quantity."

Practical Application

The prohibition extends to all agricultural products where the final yield or quality remains uncertain. Modern applications include forward contracts on unharvested crops where specific quality cannot be guaranteed.

Exceptions exist for certain types of "Salam" (advance payment) contracts with specific conditions to eliminate uncertainty, as detailed in other chapters of Islamic jurisprudence.