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 to increase the produce, make it better, or 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, picking the fruit, or looking after the fruit, 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]