What are the established conditions for the validity of the sale of 'Araya?
Chapter on Riba (Usury) and Exchange (Sarf)
Al-Mughni
Book of Sales
Primary text
Five conditions are stipulated for the sale of 'Araya: First, the transaction must involve an amount less than five *wasq*. Second, the sale must be made for an estimated quantity of mature dates (*kharṣ*). Third, the price (the dates) must be taken into possession before the parties separate. Fourth, the buyer must have a need to eat the fruit while it is unripe. Fifth, the buyer must not possess anything other than the dates with which to purchase the 'Araya. A sixth condition, stipulated by Al-Qadi and Abu Bakr, is the seller's need for the sale. Al-Kharqi stipulated a seventh condition concerning the continuation of the contract: the owners must eat the fruit while it is unripe.
Supporting text
The stipulation by the scholars that the owners must eat the fruit while it is unripe is necessary for the contract's validity. If the buyer leaves the fruit until it ripens into mature dates, the contract is voided. This is based on the Prophet's statement, 'Its people eat it unripe,' and because the permission was granted specifically due to the need to eat it fresh; its ripening demonstrates the absence of that need.