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الفتح الربانی
Fath al-Rabbani
كتاب البيوع والكسب والمعاش وما يتعلق بالتجارةBook of Sales, Earnings, Livelihood, and Matters Related to Trade
بَابُ الرُّحْصَةِ فِي الْعَرَایَا وَالنَّهْي عَنِ الْإِسْتِثْنَاءِ فِي البیع إِلَّا أَنْ يَكُونَ مَعْلُومًاChapter: Concession regarding araya and prohibition of exceptions in sales unless specified
Hadith 5853
اُردوEn
عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ رَخَّصَ فِي الْعَرَايَا أَنْ تُبَاعَ بِخَرْصِهَا فِي خَمْسَةِ أَوْسَقٍ أَوْ فِيمَا دُونَ خَمْسَةٍ
It is narrated from Sayyiduna Abu Hurairah (may Allah be pleased with him) that the Noble Prophet (peace and blessings be upon him and his family) permitted ‘Ariya transactions, in which fruits up to five wasqs or less may be sold by estimation.
Brief Explanation
Benefits: … In this chapter, the permissibility of the sale of ‘Araya is discussed. According to the principles mentioned in the previous chapter, this transaction is also a form of muzabana, which has been prohibited. However, the pure Shari‘ah, for the ease of people, has granted a concession for the sale of ‘Araya with certain conditions. Its forms are as follows:
(1) The owner gifts the fruit of some date trees to a poor person, but when he sees that the poor person cannot wait, he buys the dates on those trees from the poor person in exchange for dried dates.
(2) Some people have dried dates, but they wish to eat fresh dates, so they buy the fresh dates on the trees from the owners of the orchards in exchange for dried dates.
(3) The owner of the dates gifts the fruit of one or two date trees to someone, then he does not like the person’s coming or feels discomfort from him, so he gives dried dates to that person and buys back the gifted dates from him.
The conditions of the sale of ‘Araya are that this sale should be related to the food needs of the household, not for further trade, and that the quantity of dates in this transaction should be five wasq or less. It is better that the quantity in this transaction be kept less than five wasq. The amount of five wasq is fifteen mann and thirty kilograms. Its detail is that one wasq contains sixty sa‘, so in five awsāq there are three hundred sa‘, and the weight of one sa‘ is approximately two kilograms and one hundred grams. In this chapter, the sale of Thunya is not mentioned; however, in the previous chapter, the explanation of this sale has already been given.
(1) The owner gifts the fruit of some date trees to a poor person, but when he sees that the poor person cannot wait, he buys the dates on those trees from the poor person in exchange for dried dates.
(2) Some people have dried dates, but they wish to eat fresh dates, so they buy the fresh dates on the trees from the owners of the orchards in exchange for dried dates.
(3) The owner of the dates gifts the fruit of one or two date trees to someone, then he does not like the person’s coming or feels discomfort from him, so he gives dried dates to that person and buys back the gifted dates from him.
The conditions of the sale of ‘Araya are that this sale should be related to the food needs of the household, not for further trade, and that the quantity of dates in this transaction should be five wasq or less. It is better that the quantity in this transaction be kept less than five wasq. The amount of five wasq is fifteen mann and thirty kilograms. Its detail is that one wasq contains sixty sa‘, so in five awsāq there are three hundred sa‘, and the weight of one sa‘ is approximately two kilograms and one hundred grams. In this chapter, the sale of Thunya is not mentioned; however, in the previous chapter, the explanation of this sale has already been given.
