The second point is this:

On the contrary, the Lawgiver has validated the sale of nonexistent things in certain circumstances. It is established through several chains of transmission:

“He prohibited selling fruit until signs of ripeness appear.”

“He prohibited selling grain until it hardens.”

These reports are among the most authentic hadiths and are recorded in al-Sahīh from several Companions. He distinguished between the appearance of signs of ripeness and their absence, permitting sale in one case and prohibiting it in the other.

It is well known that, before signs of ripeness appear, purchasing the fruit on condition that it be harvested is permissible by agreement—as when someone buys unripe grapes to pick them while still unripe. The prohibition applies only when it is sold on the understanding that it will be left in place. This indicates that, once signs of ripeness appear, he permitted its sale with the understanding that it would remain until fully ripe. This is the position of the majority of scholars, including Mālik, al-Shāfiʿī, Ahmad, and others.

Anyone who permits its sale in both cases on condition that it be harvested, but prohibits it on condition that it be left in place, or without either stipulation, gives no significance to the appearance of signs of ripeness and draws no distinction between what the Prophet, may Allah bless him and grant him peace, prohibited and what he permitted.

The proponent of this view says: “The contract entails delivery immediately upon its conclusion, so delay is impermissible.”

The response is: “We do not concede that this is what the contract entails. Such an obligation must arise either from what the Lawgiver has made binding through the contract or from what the contracting parties have undertaken to do. Neither applies here. The Lawgiver has not required delivery immediately upon the conclusion of every sale, nor have the contracting parties committed themselves to that. Sometimes they conclude the contract on this basis, as when a specified item is sold for a price payable immediately; at other times, they stipulate deferred payment of the price