Is the sale of 'Araya (a specific transaction involving dates on trees) permissible in general?
Chapter on Riba (Usury) and Exchange (Sarf)
Al-Mughni
Book of Sales
Primary text
The sale of 'Araya is permissible, which is the opinion of the majority of scholars, including Malik, the people of Medina, Al-Awza'i, the people of Sham, Al-Shafi'i, Ishaq, and Ibn Al-Mundhir. This permission is substantiated by the Hadith narrated by Abu Hurairah, where the Prophet (peace be upon him) granted concession for 'Araya up to five Sa's or less, which is confirmed by authentic narrations from Zayd ibn Thabit, Sahl ibn Abi Hathmah, and others. The concession ('rukhsah') mentioned in the Hadith overrides the prohibition of Muzabanah (selling fresh dates for dried dates by estimation) because obeying the Messenger of Allah (peace be upon him) is paramount, and the concession is an allowance for the prohibited when the prohibiting cause exists.
Supporting text
Abu Hanifah prohibits the sale of 'Araya because the Prophet (peace be upon him) forbade Muzabanah, which is defined as selling fruit for fruit. He argues that this transaction involves selling fresh dates for dried dates without precise measurement of one of them, which is invalid, just as it would be invalid if done on the ground or for an amount exceeding five Sa's.