What is the ruling regarding the quantity allowed for the sale of 'Araya exceeding five Sa's?

Chapter on Riba (Usury) and Exchange (Sarf)

Al-Mughni

Book of Sales

Book 12 · Issue 4 · Bab 3

Open in Qurani

Primary text

The sale of 'Araya is not permissible for any quantity exceeding five Sa's, regarding which there is no known disagreement. Furthermore, it is permissible for any quantity less than five Sa's, without disagreement among those who permit it. The evidence for restricting the concession is found in the narration stating the Prophet (peace be upon him) granted concession for the sale of 'Araya for one Sa', two Sa's, three Sa's, and four Sa's. This specification indicates that exceeding this number is impermissible, just as it is agreed that exceeding five Sa's is impermissible due to its specific mention. Additionally, five Sa's is considered akin to the amount exceeding it because it is the threshold for Zakat obligation, which is not the case for anything less.

Supporting text

Regarding the five Sa's limit, it is not permissible according to the ruling jurist, Ibn Al-Mundhir, and one opinion of Al-Shafi'i. Malik and a second opinion of Al-Shafi'i hold that it is permissible. This view is based on the reasoning that the Prophet (peace be upon him) granted concession absolutely, then explicitly exempted what exceeds five Sa's in Abu Hurairah's narration, leaving the status of the five Sa's uncertain, thus defaulting to the permissibility.