Is it permissible to sell 'Araya for fresh fruit (*rattab*) instead of dried dates (*tamr*)?
Chapter on Riba (Usury) and Exchange (Sarf)
Al-Mughni
Book of Sales
Primary text
It is impermissible to sell 'Araya for its equivalent in fresh fruit (*rattab*). This is established by the Hadith of Zayd ibn Thabit, where the Prophet (PBUH) permitted the exchange for dried dates (*tamr*). Furthermore, since the nature of the 'Araya sale requires the buyer's need to eat the fresh fruit when he lacks cash, and the original rule requires the equivalence of dried dates for dried dates, selling fresh fruit for fresh fruit is prohibited because if the owner has fresh fruit, he is self-sufficient regarding buying fresh fruit to eat. A narration mentioning permission for either fresh or dried dates is disregarded due to doubt, especially when clearer hadiths establish the specific exchange for dried dates.
Supporting text
One view among Al-Shafi'i's school permits the sale for fresh fruit, citing a narration from Ibn Umar and Zayd ibn Thabit. Another view among them prohibits it only when the type of fruit is the same (fresh for fresh) but permits it if the type differs, which contradicts the primary evidence stating payment must be in dried dates.