Chapter on the dispensation in 'araya and the sale of roots and fruits.
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The Shaykh : And as for the chapter mentioned by the author: "Chapter on the dispensation in 'araya, and the sale of roots and fruits":
In language, the term *rukhsah* means: ease.
And in the Shari'ah: "making things easy and facilitating matters in which one is obligated", meaning that a dispensation is granted in a matter that is originally obligatory, and it is made easy. This is its definition, which is one of the clearest definitions, and it corresponds to its linguistic term: so *rukhsah* in the Shari'ah is: "facilitation in a matter that is obligatory, either by leaving it or by performing it".
And his saying: "in 'araya" is the plural of *'ariyyah*, a form indicating the passive, meaning: stripped, stripped of what? Stripped of currency, as will come in its form.
"and the sale of roots and fruits": roots are the opposite of branches, and the root in every place is according to its context. So in inheritance law, you have the roots of the issues, is that not so? And in the principles of jurisprudence, the roots, likewise in the science of creed it is said: the roots, and even in jurisprudence it is said: the root of such-and-such is the saying of Allah the Exalted, meaning: the evidence upon which one relies.
And what is meant by roots here is: lands, real estate, and trees; lands and real estate from houses and the like, and trees, and these are the roots of the fruits that are obtained from them:
So the land is leased and utilized, and the trees have fruits in them, and houses and the like have leasing and utilization in them.
And as for fruits, it is: the plural of *thamar*, which is what is obtained from the fruit of the date palm, the grape, and the like.
In language, the term *rukhsah* means: ease.
And in the Shari'ah: "making things easy and facilitating matters in which one is obligated", meaning that a dispensation is granted in a matter that is originally obligatory, and it is made easy. This is its definition, which is one of the clearest definitions, and it corresponds to its linguistic term: so *rukhsah* in the Shari'ah is: "facilitation in a matter that is obligatory, either by leaving it or by performing it".
And his saying: "in 'araya" is the plural of *'ariyyah*, a form indicating the passive, meaning: stripped, stripped of what? Stripped of currency, as will come in its form.
"and the sale of roots and fruits": roots are the opposite of branches, and the root in every place is according to its context. So in inheritance law, you have the roots of the issues, is that not so? And in the principles of jurisprudence, the roots, likewise in the science of creed it is said: the roots, and even in jurisprudence it is said: the root of such-and-such is the saying of Allah the Exalted, meaning: the evidence upon which one relies.
And what is meant by roots here is: lands, real estate, and trees; lands and real estate from houses and the like, and trees, and these are the roots of the fruits that are obtained from them:
So the land is leased and utilized, and the trees have fruits in them, and houses and the like have leasing and utilization in them.
And as for fruits, it is: the plural of *thamar*, which is what is obtained from the fruit of the date palm, the grape, and the like.