Ruling on buying apricot orchards before they become ripe

Firstly: 

It is not
permissible to sell fruits before their condition is known, according to
scholarly consensus, because it is proven from the Prophet (peace and
blessings of Allaah be upon him) that that is forbidden. 

It was
narrated from Ibn ‘Umar (may Allaah be pleased with him) that the Prophet
(peace and blessings of Allaah be upon him) forbade selling fruits
before their condition is known, and he forbade both the seller and the
buyer. Narrated by al-Bukhaari (2194) and Muslim (1534). 

So it is
more appropriate that it is not permissible to sell fruits before they
appear. The scholars are also unanimously agreed that this is forbidden. 

The reason
why it is forbidden to sell fruits before their condition is known is the
fear that the crop may be destroyed and stricken with blight before its
condition is known. Fruits are often destroyed before their condition is
known, and it is proven in the hadeeth of Anas (may Allaah be pleased with
him) that the Prophet (peace and blessings of Allaah be upon him) said:
“Do you think that if Allaah withholds the crop, why would you regard your
brother’s wealth as permissible?” Narrated by al-Bukhaari (1488) and Muslim
(1555).   

What is
meant by their condition becoming known is when the fruit first appears and
becomes fit to eat. It does not mean when it is fully ripe. Hence it says in
the hadeeth, “until their condition is known” and it does not say, “until
they become fully fit to eat.” 

Muslim
(1536) narrated from Jaabir ibn ‘Abd-Allaah (may Allaah be pleased with him)
that the Messenger of Allaah (peace and blessings of Allaah be upon
him) forbade selling produce until it is fit to eat, and according to
another report, until it is ripe. 

Al-Nawawi
(may Allaah have mercy on him) said in al-Majmoo’ (11/150):   

Its
condition becoming known has to do with a change in the produce, so it
varies from one type to another. Despite the differences between them, it
comes down to one thing which they all have in common, which is when it is
fit to be eaten. End quote. 

Shaykh Ibn
‘Uthaymeen said in al-Sharh al-Mumti’ (4/33): 

The
guideline is when it can be eaten and becomes palatable, because when it
reaches that point it can be benefited from, but before that it cannot be
benefited from except with difficulty, When it reaches that point of
ripeness, it is less likely to be affected by blight. End quote. 

With regard
to apricots, which are mentioned in the question, the scholars have stated
that they become fit to eat when they begin to turn yellow and sweet. 

See
al-Majmoo’ (11/151). 

Secondly: 

But some
exceptions may be made to the ruling that it is haraam to sell crops until
their condition is known, in which case it may be permissible to sell the
crops even though they are not yet fit to eat. 

1 – When the
fruits are sold along with the trees. This is permissible, whether the
condition of the fruits is known or not, and there is no difference of
opinion among the fuqaha’ concerning this, because the sale of the fruit in
this case is connected to the trees, and the basic principle according to
the scholars is that rules may be relaxed when an item is sold along with
another item, but not when it is sold on its own. 

2 – The
fruits may be sold before their condition is known so long as the purchaser
cuts them down straight away, and does not wait until they ripen. This sale
is valid according to scholarly consensus, and the scholars gave the reason
that the prohibition on selling before the condition of the fruits is known
is due to the fear that the fruits may be destroyed by blight before they
are picked, but there is no risk of that if they are cut down straight
away. 

The
condition of cutting them down straight away applies in some cases where the
fruits may be used before they ripen, such as if they may be used as animal
feed and other ways of benefiting from them. 

Thirdly: 

If there is
just one orchard, it is not essential that the condition of the fruits on
every tree be known, rather each kind of fruit should be considered on its
own, and it is sufficient for the condition of the fruits of one tree of
each type to be known. 

For example,
if the orchard contains different types of dates such as barhi and sukkari
for example, then the condition of the barhi dates is not sufficient for the
sukkari dates to be sold, rather the condition of each type must be known,
even if it is only one tree. 

Shaykh Ibn
‘Uthaymeen (may Allaah have mercy on him) said in al-Sharh al-Mumti’
(4/31): 

If the
condition of one tree is known, that suffices for all the other trees of
that type in the orchard. End quote. 

See:
al-Mawsoo’ah al-Fiqhiyyah (9/190-194) 

And Allaah
knows best.