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اللؤلؤ والمرجان
Lu'lu' wal-Marjan
كتاب البيوعBook of Sales
باب النهى عن الثمار قبل بدوّ صلاحها بغير شرط القطعProhibition of selling fruits before ripeness unless for immediate picking
Hadith 983
اُردوEn
983 صحيح حديث جَابِرٍ رضي الله عنه، قَالَ: نَهى النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ الثَّمَرِ حَتَّى يَطِيبَ، وَلاَ يُبَاعُ شَيْءٌ مِنْهُ إِلاَّ بِالدِّينَارِ وَالدِّرْهَمِ إِلاَّ الْعَرَايَا
Sayyiduna Jabir (may Allah be pleased with him) narrated that the Messenger of Allah (peace and blessings be upon him) forbade selling dates before they ripen, and that not even a little of them should be sold for anything other than dirhams and dinars (i.e., cash), except that he permitted the practice of 'ariyyah.
Brief Explanation
There is a difference of opinion regarding its interpretation. Some scholars hold the view that when the sale of fresh fruits on the tree in exchange for dried fruits (i.e., muzabana) was prohibited, an exception was made from this general prohibition for al-‘araya. That is, if a needy person does not possess date trees from which he can obtain fresh dates, nor does he have cash to purchase fresh dates for his children, but he does have dried dates in excess of his food needs, then he goes to the owner of the orchard and says: “Sell me one or two fresh date trees in exchange for an estimated amount of dried dates,” so that he may obtain fresh dates for his family. Permission has been granted for this situation, provided that it is less than five wasq. (Ibn Athir, arranged)
