Muslim

Hadith Commentary: Benefits and Issues: The specification of quantity in the sale of ‘ariyah (عرایا) is also evidence of its being a sale, which is accepted even by the Hanafis. Therefore, to consider it as a transformation of a gift (hibah) is merely a pretext and an evasion. Thus, some accept this specified quantity, and some say that from this hadith, the negation of the sale (return of the gift) of an amount greater than this quantity is not established.

Hadith Commentary:
One wasq is equal to sixty sa‘.
One sa‘ is equal to three-quarters of a ratl.
As mentioned above, most charitable donations are given within this measure, so the Prophet (sallallahu alayhi wa sallam) set this limit.
The statement of Abu Hanifah (rahimahullah) that the hadith of ‘araya is abrogated or that it is in conflict with the hadith of muzabana is not correct.
Because for abrogation, it is necessary to establish precedence and succession, and conflict would only exist if the exception of ‘araya was not made alongside the prohibition of muzabana.
When the Prophet (sallallahu alayhi wa sallam), while prohibiting muzabana, made an exception for ‘araya, then where does the conflict remain?
Hafiz Ibn Hajar says:
Ibn al-Mundhir said: The Kufans claimed that the sale of ‘araya is abrogated by the prohibition of the Prophet (sallallahu alayhi wa sallam) on selling fresh dates for dried dates, but this is rejected because the one who narrated the prohibition of selling fresh dates for dried dates is the same one who narrated the concession regarding ‘araya. Thus, he established both the prohibition and the concession together. I say: The narration of Salim mentioned previously in the chapter indicates that the concession for the sale of ‘araya occurred after the prohibition of selling fresh dates for dried dates. Its wording from Ibn ‘Umar (radi Allahu anhu) in marfu‘ form is: “Do not sell (the dates on the tree) for dried dates.” He said: And from Zayd ibn Thabit (radi Allahu anhu) it is narrated that the Prophet (sallallahu alayhi wa sallam) granted the concession for the sale of ‘araya after that, and this is what the wording of “concession” necessitates, for it comes after a prohibition. Likewise, the rest of the ahadith in which the exception of ‘araya is mentioned after the prohibition of selling fresh dates for dried dates, and I (Ibn Hajar) have already clarified this earlier.
(al-Fath al-Bari)
That is, according to Ibn al-Mundhir, the claim of the people of Kufa that the permission for the sale of ‘araya is abrogated—because the Prophet (sallallahu alayhi wa sallam) prohibited selling dates on the tree for dried dates—is rejected.
And the claim of the people of Kufa is rejected because the same narrator who reported the prohibition also narrated the concession for the sale of ‘araya.
Thus, he established both the prohibition and the concession in their respective places. And I say that the narration of Salim, which has already been mentioned regarding the concession for the sale of ‘araya, is after the prohibition of selling fresh dates for dried dates, and its wording from Ibn ‘Umar (radi Allahu anhu) in marfu‘ form is: “Do not sell (the dates on the tree) for dried dates.”
He said that it is narrated from Zayd ibn Thabit (radi Allahu anhu) that the Prophet (sallallahu alayhi wa sallam) after that granted the concession for the sale of ‘araya, and this concession is after the prohibition. Likewise, the remaining ahadith in which the exception of the sale of ‘araya after the mention of selling fresh dates for dried dates is stated, and I (Ibn Hajar) have already clarified this explicitly before.

Hadith Commentary:
(1)
When dates are still on the tree, it is prohibited to purchase them in exchange for dried dates; however, it is permissible to purchase them in exchange for dirhams, dinars, or other goods.
Although gold and silver are mentioned in the hadith, this is due to the actual circumstances, as at that time people conducted transactions using dirhams and dinars.
The prohibition applies only to exchanging fresh fruit for dried fruit; however, in the case of ‘araya (عرایا), it is permissible to purchase a limited quantity of fruit in exchange for fruit.
In another hadith, the quantity of five wasq (وسق) or less is mentioned; therefore, if the estimated amount of dates on the tree is five wasq or less, the sale of ‘araya is permissible, but it is not permissible for more than this amount. Nevertheless, caution demands that its permissibility be restricted to less than five wasq.
(2)
According to some jurists, the sale of ‘araya is abrogated.
In view of these ahadith, their position is questionable.
Furthermore, for abrogation (naskh) to be established, it is necessary to prove precedence and succession, whereas in the previous hadith there is a clear mention of concession after prohibition.
(Sahih al-Bukhari, al-Buyu‘, Hadith: 2184, 2183)

Benefits and Issues:
One wasq consists of sixty saa‘.
And one saa‘ is approximately two and a half kilograms; according to this calculation, the weight of one wasq is approximately 150 kilograms, and the weight of five wasq is approximately 750 kilograms, which is about 19 maund. In that era, five wasq was considered the load of one camel.

(1) A wasq consists of sixty sa’ (plural: aswaq). And a sa’ was a measure which was approximately two and a quarter or two and a half kilograms. In this regard, a wasq would be fifteen or eighteen maunds. Thus, up to fifteen or twenty maunds (according to the old seer measure), this sale is permitted, because such an amount of dates is kept for eating. Since this concession is due to the necessity of the poor, permission is not granted for a larger quantity.

(2) “Five wasq or less than five wasq”—the purpose is that this concession should not be availed for more than five wasq.

Hadith Authentication:
[وأخرجه البخاري 2190، ومسلم 75/541، من حديث مالك به]

Jurisprudential Explanation:
➊ A date-palm tree whose fruit the owner gives to another person as a gift or as charity to be eaten temporarily is called ‘ariyyah, the plural of which is ‘araya. Some scholars say that this can also apply to fruits like grapes, etc.
➋ Muhammad ibn Ishaq ibn Yasar al-Madani said: By ‘ariyyah is meant that a person gifts date-palm trees to someone, then it becomes difficult for that person to look after them, so he takes an estimated amount of dates and sells them. [سنن ابي داؤد : 3366 وسنده صحيح]
➌ Some scholars say that only the one who has given such a tree to a friend or a poor person as a gift for that year’s fruit is permitted to sell the ‘ariyyah, i.e., only the owner can conduct this transaction.
➍ This hadith is a specification (takhsis) of the generality of the coming hadith [158].

Takhrij:
«أخرجه البخاري، البيوع، باب بيع الثمر علي رؤوس النخل بالذهب أو الفضة، حديث:2190، ومسلم، البيوع، باب تحريم بيع الرطب بالتمر إلا في العرايا، حديث:1541.»©

Explanation:
➊ In this hadith, the permission is given to sell less than five wasq or up to a maximum of five wasq, but this is due to the narrator's doubt. The narrator who has this doubt is Dawud ibn Husayn. Because of this doubt, only the sale of a quantity less than five wasq will be considered valid. One wasq is approximately four man, so the amount of five wasq is about twenty man. In this way, it is as if permission is given to sell up to less than twenty man.

➋ This hadith also shows that khars (estimation and assessment) is permissible in the Shariah, provided that the person making the assessment is well-versed in this field and makes the estimation honestly without favoring anyone. In such a case, the estimation of even one person will be accepted as valid.