Do not buy the fruit until their condition is clear, and do not buy the fresh dates. A hadith like this has been reported by Ibn 'Umar through another chain of transmitters.
The Prohibition of Uncertain Transactions (Gharar)
This narration from Sahih Muslim 1538 b in The Book of Transactions prohibits two types of sales involving uncertainty (gharar) that invalidate transactions. The first prohibition concerns buying fruit before its condition becomes clear - meaning before it ripens and its quality is evident. The second prohibition specifically addresses purchasing fresh dates on palm trees before they are ready for consumption.
Scholarly Commentary on Fruit Transactions
Classical scholars explain that buying unripened fruit involves gharar because the buyer cannot ascertain whether the fruit will properly develop, remain edible, or be destroyed by pests or weather. This uncertainty violates the Islamic principle that sales must be free from excessive ambiguity.
The prohibition applies particularly to fruit that requires time to ripen, such as dates, grapes, and similar produce. The "clear condition" refers to the fruit reaching a state where its edible quality is guaranteed and any defects are apparent to both buyer and seller.
Specific Ruling on Fresh Dates
The explicit mention of fresh dates (al-busr) carries special significance as dates were a primary agricultural commodity in Medina. Scholars note that fresh dates undergo significant transformation during ripening, changing in weight, quality, and value.
This prohibition prevents disputes that arise when dates are sold before ripening, as the final product may differ substantially from what was anticipated at the time of sale. The ruling ensures fairness and eliminates ambiguity in commercial transactions.
Legal Methodology and Application
Jurists derive from this hadith the general principle that any sale involving unknown outcomes or uncertain delivery falls under prohibited gharar. This includes agricultural products, manufactured goods, and services where the final outcome remains uncertain at the time of contract.
The ruling aims to protect both parties from potential loss and prevent conflicts that arise from ambiguous agreements. Modern applications include prohibiting forward contracts where the object of sale doesn't yet exist or whose specifications remain uncertain.