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Text and translation
English translation
2269. It was narrated from 'Abdullâh bin 'Umar that he said: "Zaid bin Thâbit told me that the Messenger of Allâh ﷺ gave a concession regarding the sale of the estimated harvest of 'Arâyâ in return for dried dates." (Sahih)
Yahya (one of the narrators) said: "The 'Arâyâ is when a man purchases dates on the trees for
[1] 'Arâyâ refers to trees of the coming harvest which are given as a gift, but the giver will be troubled by the recipient's coming to his grove to collect the dates, so he offers to sell him dried, measured dates in return for the coming harvest. This is the definition of Imâm Mâlik, see the definition after no. 2269 which follows, and those listed in Sahih Al-Bukhârî under chapter no. 84 in the Book of Sales.
food that his family has that is ripe, by estimating them (the dates).”
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Commentary
It is a general rule that the exchange of dates for dates should be equal in weight and paid on the spot from both sides, but the issue of Arâyâ is exempt from this rule. The definition of Arâyâ according to Imâm Mâlik ﷺ is that a person offers a tree of fresh dates to another person so that his household may benefit from fresh dates, but the frequency of the person into the orchard disturbs the owner, in this case the owner is allowed to buy the fruit of the gifted tree for dry dates. Another explanation mentioned (in Sahih Al-Bukhârî, Hadîth: 2192) is that the fresh fruit of the tree will be estimated according to the weight it will have when it dries up, and then the tree will be taken back by paying that amount of dry dates. Thus the fresh dates still on the tree are bought for the dry dates, and the dry dates are paid in measure. It is to be known that the quantity of dates involved in this transaction must be less than five Wasq.
