Explanation of the Book of Sales-17
Machine translationRead the Arabic original
The Shaykh : He said: "It was narrated from Zayd ibn Thabit (may Allah be pleased with him): Bulugh al-Maram 7:81": "Rukhsah" means facilitation. Facilitation from what? From the prohibition. Because the original ruling regarding the sale of fresh dates for dry dates is prohibition, but a dispensation was granted for the 'araya and it was made easy.
He said:Sahih Muslim 1539h It is called an 'ariyah because it is free from currency, since it is sold for what? For dates. For this reason he said: : How did he say it? "In measure."
Because dates were sold in the time of the Prophet (peace and blessings be upon him) by measure. We do not come and say: Give me a kilo of dates. We say: Give me a sa' of dates or a mudd of dates. It is measured with the measure.
So then we say: This is called an 'ariyah because it is free from currency. There are no dirhams in it, but it is dates for dates, however this is fresh and this is dry dates.
His saying: "The khurs means estimation and guessing. It must be done by one who knows it. The khurs must be done by one who knows it, not by just anyone, because it is a craft known by its practitioners.
It is not valid for the khurs to be done by just anyone. They say that a person who was a worker for the zakah had a weak estimation, and perhaps he would not even raise his head to the fruit. So he stood under the trunk of a palm tree and he had estimated one before it. He said: We estimated this one at two hundred and a weight, and this one we will leave at four hundred and a weight, because it is vigorous. So they raised their heads and the palm tree was barren, having no fruit at all. Because this man was not, meaning, he was not comparing, so the estimator must be an expert.
Not every person estimates. So if someone wants to deal in this transaction of the 'araya, it is necessary that he bring an expert and say to him: How much do you estimate this fruit to be when it dries? He says: I estimate it at one hundred sa'. It is sold for how much? For one hundred sa'. He says: I estimate it at fifty, it is sold for fifty.
So then, is the estimation considered when they are fresh? The answer is: No. Because the time when they are fresh, as the Prophet (peace and blessings be upon him) indicated, differs from the time when they are dates, for when they dry, they will decrease.
So take this as a condition: which is: "That they be sold by the estimation, so it is not permissible for them to be sold by rough estimate".
So then, if he said: I took this fruit for this heap of dates, is that permissible? It is not permissible.
So then, I took this fruit for this heap of wheat. The heap means the pile of wheat? The student: It is permissible.
The Shaykh : It is permissible, but with the condition of immediate exchange. Why is it permissible? Because the sale of dates for wheat does not require equality.
So then he said: "And Muslim:Sahih Muslim 1539d":
So then, he permitted the 'ariyah for the household to take it by its estimated weight in dates. This is an explanation of the estimation: do you estimate them fresh or do you estimate them as dates? He clarified that they are estimated as dates. So they are estimated by what they will become, which is dates. He said:, because if they do not eat them fresh, they will turn into dates, and at that time there is no difference between them and the dates for which they were sold, so the benefit for which the dispensation was granted in the 'araya is lost.
Take this as another condition: which is: that they be eaten fresh. Yes, that they be eaten fresh. If they are delayed until they dry, the contract is invalid, because the benefit for which the dispensation was granted in the sale of fresh dates for dry dates is removed.
Allah's Messenger (ﷺ) gave permission regarding al-'Araya for its sale on the basis of a calculation (of what the dates would be when dry) by measure
أن رسول الله صلى الله عليه وسلم رخص في العرايا أن تباع بخرصها كيلاًHe said:
that implies selling of (dry dates for fresh dates) according to a measure
أن تباع بخرصها كيلاBy their estimated weight in measure
بخرصها كيلاBecause dates were sold in the time of the Prophet (peace and blessings be upon him) by measure. We do not come and say: Give me a kilo of dates. We say: Give me a sa' of dates or a mudd of dates. It is measured with the measure.
So then we say: This is called an 'ariyah because it is free from currency. There are no dirhams in it, but it is dates for dates, however this is fresh and this is dry dates.
His saying:
By their estimated weight
بخرصهاIt is not valid for the khurs to be done by just anyone. They say that a person who was a worker for the zakah had a weak estimation, and perhaps he would not even raise his head to the fruit. So he stood under the trunk of a palm tree and he had estimated one before it. He said: We estimated this one at two hundred and a weight, and this one we will leave at four hundred and a weight, because it is vigorous. So they raised their heads and the palm tree was barren, having no fruit at all. Because this man was not, meaning, he was not comparing, so the estimator must be an expert.
Not every person estimates. So if someone wants to deal in this transaction of the 'araya, it is necessary that he bring an expert and say to him: How much do you estimate this fruit to be when it dries? He says: I estimate it at one hundred sa'. It is sold for how much? For one hundred sa'. He says: I estimate it at fifty, it is sold for fifty.
So then, is the estimation considered when they are fresh? The answer is: No. Because the time when they are fresh, as the Prophet (peace and blessings be upon him) indicated, differs from the time when they are dates, for when they dry, they will decrease.
So take this as a condition: which is: "That they be sold by the estimation, so it is not permissible for them to be sold by rough estimate".
So then, if he said: I took this fruit for this heap of dates, is that permissible? It is not permissible.
So then, I took this fruit for this heap of wheat. The heap means the pile of wheat? The student: It is permissible.
The Shaykh : It is permissible, but with the condition of immediate exchange. Why is it permissible? Because the sale of dates for wheat does not require equality.
So then he said: "And Muslim:
give concession in case of 'ariyya transactions according to which the members of the household give dry dates according to a measure and then eat fresh dates (in exchange for it)
رخص في العرية يأخذها أهل البيت بخرصها تمرًا يألكونها رطباSo then, he permitted the 'ariyah for the household to take it by its estimated weight in dates. This is an explanation of the estimation: do you estimate them fresh or do you estimate them as dates? He clarified that they are estimated as dates. So they are estimated by what they will become, which is dates. He said:
To be eaten while fresh
يأكلونها رطباTake this as another condition: which is: that they be eaten fresh. Yes, that they be eaten fresh. If they are delayed until they dry, the contract is invalid, because the benefit for which the dispensation was granted in the sale of fresh dates for dry dates is removed.