The World Federation One Stop Fiqh

Ruling 2262

It is not necessary that the tree tending contract be concluded before the produce becomes apparent. Rather, if it is concluded after it becomes apparent, in the event that some necessary task remains to be performed in order to increase the produce or to make it better or to safeguard it from disease, the transaction is valid. However, if no such task remains to be performed, then even if there remains some necessary task to be performed for tending to the trees or for picking the fruit or for looking after it, the validity of such a transaction is problematic (maḥall al‑ishkāl) [i.e. based on obligatory precaution (al‑iḥtiyāṭ al‑wājib), the transaction is not valid].1
1 As mentioned in Ruling 6, the term ‘problematic’ (maḥall al‑ishkāl) amounts to saying that the ruling is based on obligatory precaution.