What is the ruling on extending the concession of 'Urayah by analogy (Qiyas) to other fruits?

Chapter on Riba (Usury) and Exchange (Sarf)

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 3

Open in Qurani

Primary text

Extending the 'Urayah concession to other fruits by analogy is invalid. This is the primary reasoning against extending the ruling, as analogy is disregarded when it contradicts a clear textual prohibition (Nass). The analogy proposed by opponents contradicts specific texts that prohibit similar transactions (like grapes for raisins) without exception. Therefore, analogy should not be applied to generalize the ruling beyond the specifically exempted case (date palms).

Supporting text

Al-Qadi, along with Malik and Al-Awza'i, permits the 'Urayah sale for all types of fruits by analogy with the fruit of the date palm.