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English translation
1302. Ibn 'Umar narrated from Zaid bin Thābit that the Messenger of Allāh ﷺ permitted selling in Al-'Arāyā by estimating it. (Saḥīh)
[Abū 'Eisā said:] this Hadīth is Ḥasan Saḥīh. The Hadīth of Abū Hurairah is Ḥasan Saḥīh. And this is acted upon according to some of the people of knowledge. Among them Ash-Shāfi'ī, Aḥmad and Ishāq. They said Al-'Arāyā is an exception from the general scope of the prohibition of the Prophet ﷺ when he prohibited Al-Muḥāqalah and Al-Muzābanah. They argued using the Hadīth of Zaid bin Thābit and the Hadīth of Abū Hurairah. They said that he may buy what is less than five Wasq.
According to some of the people of knowledge, this means that the Prophet ﷺ wanted to make less restriction for them on this matter
because they complained to him saying: "We don't buy anything with dried dates except fruit." So he permitted them to buy less than five Wasq worth so they could eat fresh dates.
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Commentary
Different A'immah have different points of view regarding the explanation of Al-Arāyā — to sell something with estimation. 1) In view of Imām Mālik if the owner of the garden makes a gift of the fruit of one or more trees to some — one, and later on finds that his presence or his visits to the garden hinders the privacy of his family, in this situation he can barter fresh fruit with dried dates. 2) In the view of Imām Ash-Shāfi'i, Al-Arāyā is to buy the fresh dates still on the tree from the owner of the garden by estimation in exchange of dried dates. 3) According to Imām Aḥmad, Al-Arāyā means if someone gets less than five Wasq of fresh dates which are still on the trees he is allowed to barter these fresh dates with someone in exchange of dried dates.
