Musnad Humaydi

Benefit:
Here, the form of ‘ariyyah is that the owner of an orchard gave the fruit of a tree as charity to a poor person. This poor person cannot wait for so many days to keep picking and eating throughout the season. Another poor person had dried dates (chuhara); he and his children desired to eat fresh dates. The poor person with the dried dates buys these fresh dates in exchange for his dried dates. Now, the owner of the tree receives the dried dates all at once, and the one with the dried dates gets the fresh dates. Although this is a sale of muzabana, it has been permitted to fulfill the needs of the poor.

It is mentioned in Mirqat that when the sale of muzabana was prohibited, the poor Companions (radi Allahu anhum) presented themselves in the presence of the Prophet (sallallahu alayhi wa sallam) and said that we will be deprived of fresh dates. Then the Prophet (sallallahu alayhi wa sallam) permitted the sale of ‘ariyyah.

It is narrated from Sayyiduna Zayd ibn Thabit (radi Allahu anhu) that the Messenger of Allah (sallallahu alayhi wa sallam) granted concession in ‘ariyyah (the definition of which has been mentioned above) that the people of a household may give dried dates by estimation and in exchange purchase the fresh dates present on the tree to eat.

Up to what quantity is the sale of ‘araya permissible? [صـحـيـح مـسـلـم : 919]

It is narrated from Sayyiduna Abu Hurayrah (radi Allahu anhu) that the Messenger of Allah (sallallahu alayhi wa sallam) permitted the sale of ‘araya by estimation, provided it is less than five wasq or up to five wasq (the narrator of the hadith, Dawud, is in doubt whether it was said: five wasq or less than five wasq). [صحيح مسلم : 920]

Hadith Commentary:
So, in the end, the hadith settles upon the narration of the people of Madinah. The summary is that there is some difference between the narration of Yahya ibn Sa‘id and that of the people of Makkah.
Yahya ibn Sa‘id has stipulated, in the concession (rukhsah) regarding ‘araya, the condition of estimation (i.e., measuring by estimation), and has restricted it to the consumption of fresh dates by the owners of the ‘araya.
Whereas the people of Makkah, in their narrations, have not mentioned this restriction.
Rather, they have deemed the ‘ariyah permissible in absolute terms.
As for the restriction of estimation, it has been mentioned by a hafiz (memorizer of hadith), so its acceptance is obligatory. However, the restriction regarding eating is merely factual, not intended as a limiting condition (Qastallani).
Who was the one who met Sufyan ibn ‘Uyaynah? The hafiz says: I have not come to know his name.

Hadith Commentary:
The summary of this discussion is that there is a slight difference between the narration of Yahya ibn Sa‘id and that of the people of Makkah.

In the narration of Yahya ibn Sa‘id, there are two conditions for the permissibility of the sale of ‘araya:
➊ Selling by estimation.
➋ Selling for the purpose of eating fresh dates.

Whereas the people of Makkah, in their narration, do not mention these conditions; rather, they incline towards the absolute permissibility of ‘araya.

The explicit mention of selling by estimation has been made by a trustworthy narrator, therefore it is necessary to give it consideration. However, the mention of eating fresh dates is merely incidental, not restrictive, even though some individuals state it as a condition, which is not correct.

(Fath al-Bari: 4/492)

And Allah knows best.