We also learn from this ḥadith that a person is not allowed to gamble with his wealth or expose it to loss, even through an exchange whose outcome is insecure.
Since it has become clear that selling fruit before the first signs of ripeness is impermissible, that ruling applies only when the fruit is sold on its own while it is still hanging on the tree.
By contrast, if the fruit is sold together with its trees, or it is sold without the stipulation that it remain unharvested, the sale is valid. The jurists, may Allah have mercy on them, enumerate three permissible situations:
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The first case: selling unripe fruit together with the trees on which it grows. The contract is sound and the fruit is deemed an incidental part of the sale. The same applies when green crops are sold along with the land; the green crop is included incidentally and the sale is valid.
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The second case: selling unripe fruit or green crops to the owner of the source—namely, the owner of the trees or of the land. This is likewise valid, because delivery to the buyer is fully achieved: he already owns the underlying property. There is, however, a difference of opinion here, as some scholars consider this situation to fall under the general prohibition on selling fruit before ripeness appears.
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The third case: selling unripe fruit or immature grain on the condition that they be cut immediately and that they can in fact be used once harvested. The original prohibition was to prevent loss and blight, and that risk is removed when the produce is harvested at once. If no benefit can be derived from them after cutting, the sale is invalid, for that would constitute wastefulness.