What are the requirements for the immediate exchange (*Taqabud*) in the sale of 'Araya (unripe dates for mature dates)?

Chapter on Riba (Usury) and Exchange (Sarf)

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 3

Open in Qurani

Primary text

Immediate exchange in the marketplace is required for the sale of 'Araya. This is the position of Al-Shafi'i, and no dissent is known concerning this point. This requirement is established because the sale is a trade of dates for dates, necessitating adherence to the general conditions of such exchanges, except where the Sacred Law has made an exception for 'Araya. The fulfillment of the exchange must adhere to the nature of the exchanged items: for dates, it requires measuring or physical transfer; for standing fruit, it requires granting the buyer full control (*Takhliyah*). It is not required that the dates be present at the palm trees; the exchange remains valid even if the parties conclude the contract, then go to the tree to deliver the fruit, and then go to the storehouse to deliver the dates, or vice versa, because separation does not occur before the actual physical handover.