Chapter 04-Concession concerning 'Araya (Lending something for use) and the sale of Trees and Fruit

869. Zaid bin Thabit narrated, 'The Messenger of Allah permitted selling the dates of Araya (268) (the palm tree lent for use) if their dates are sold for measured amounts of dried dates.' Agreed upon.

In the version of Muslim, 'He gave the license regarding the fruit of the 'Ariya for its sale to the original owner.

268. During times of droughts, the Arabs had the habit of lending some of their palm trees to those who had none so as to eat the fruit of those trees for a certain period of time. Sometimes the owner of the palm trees would be bothered by the frequent coming into his garden of the one the tree is lent to. So, the Prophet gave them the permission (to the lender) to buy the dates while still unharvested (even though this is prohibited otherwise) from the man he lent it to, for an amount of weighed dried
or fresh dates. So they would estimate the weight of the dates while still on the palm trees and buy them from the needy, for dried dates.






870. Abu Hurairah narrated, 'The Messenger of Allah gave permission for the selling of the dates of 'Araya, by estimating the amount of dates on the palm trees (unharvested) on the condition that their amount is Iess than five Awsuq (269) or five Awsuq,' Agreed upon.

269. A Wasaq is equivalent to sixty sa 'as (a cubic measure of varying magnitude). Five Awsuq is equivalent to 50 Egyptian kaylah (one Kaylah is a dry measure for grain, 50 Kaylah is equivalent to 653 gm of wheat.






871. Ibn "Umar narrated, 'The Messenger of Allah prohibited the sale of fruit until it is ripe. He prohibited the seller and the buyer.' Agreed upon. In another version, 'When he was asked about what is meant by being ripe, he would say "Till they are safe from being affected by blight."





872. Anas bin Malik narrated, 'The Messenger of Allah prohibited selling fruit until they had bloomed. When he was asked about the sign of this he said, "Till they become red and yellow (i.e, fit for eating).' Agreed upon and the wording is from Al-Bukhari.



873. Anas bin Malik narrated, 'The Messenger of Allah prohibited selling grapes until they become black, and the sale of grain until they become hard (i.e. till they both ripen).' Related by the five Imams except for An-Nasa'i. Ibn Hibban and al-Hakim graded it as Sahih.






874. Jabir bin 'Abdullah narrated that the Messenger of Allah said, "If you sell your dates (or fruit), and they are stricken with Ja'ihah (Calamity),(270) it is not permissible for you to take any money from him. (271) Why should you take the wealth of your brother unjustly?" Related by Muslim.

In another version, 'The Messenger of Allah commanded that the price of the fruit stricken with a Calamity, is to be remitted.'

270. Ja'ihah or Calamity could be any of the diseases or infestations which affect plants and may totally or partially destroy them. It could also be any unfortunate condition which was not caused by man, such as wind, snow, cold, lack of water etc.

271. There is a difference of opinion among the scholars over the Ja'ihah As-Shafi'i and Abu Hanifah are of the opinion that if the fruit was sold before being ripe, while it was still on the tree, then the seller is not to take any money as it is prohibited to sell fruit before it is ripe (while on the tree). but if they are sold after becoming ripe, then the seller is not to repay the buyer any of the price. lbn. Hanbal is of the opinion that the price of any damaged fruit is not to be claimed by the seller, and the buyer has the right to ask for a reduction in this case. Still many scholars believe that it is recommended as a moral obligation that the seller does not claim the full price, as compensation to his Muslim brother for his loss, and that is actually the implicit recommendation in this hadith.






875. 'Abdullah Ibn 'Umar narrated that the Messenger of Allah said, "If someone buys pollinated date palms, their fruit belong to the seller unless the buyer stipulates that they will be for himself (and the seller agrees)." Agreed upon.