Is it permissible to sell a fresh commodity subject to usury for its dried counterpart of the same genus, with the exception of 'Araya sales?

Chapter on Riba (Usury) and Exchange (Sarf)

Al-Mughni

Book of Sales

Book 12 · Issue 5 · Bab 3

Open in Qurani

Primary text

It is not permissible to sell any fresh commodity subject to usury for its dried counterpart of the same genus, except for the exception of 'Araya sales. This applies to fresh dates (rutab) exchanged for dried dates (tamr), grapes for raisins (zabib), milk for cheese, or wet wheat for dry wheat, or roasted grain for unroasted grain, and similar transactions. This is the position of Sa'd ibn Abi Waqqas, Sa'id ibn al-Musayyib, Al-Layth, Malik, Al-Shafi'i, Ishaq, Abu Yusuf, and Muhammad. The prohibition is evidenced by the Prophet's saying: "Do not sell dates for dates," and in another narration: "He forbade selling dates for dates, but permitted the 'Araya sale to be exchanged for its estimated quantity, which its owners eat fresh." (Agreed upon). The underlying reason for the prohibition is that the fresh item decreases in weight or volume upon drying, as confirmed by Sa'd's narration where the Prophet asked if the fresh dates decrease upon drying, and upon affirmation, he forbade it. Furthermore, the Prophet forbade Muzabanah, which is selling fresh dates for dried dates by measure, because in this exchange, one party alone bears the loss of reduction.

Supporting text

Abu Hanifa permits this exchange. He argues that if the items are of the same genus, it falls under the ruling of equal exchange, and if they are of different genera, it falls under the permission to sell different categories as one wishes ('sell as you wish').