Is the sale of 'Urayah permissible for fruits other than dates (Nakhil)?
Chapter on Riba (Usury) and Exchange (Sarf)
Al-Mughni
Book of Sales
Primary text
The sale of 'Urayah is impermissible for fruits other than date palms. This view is chosen by Ibn Hamid and is the saying of Layth ibn Sa'd. An exception may exist if the fruit's yield is one where usury (Riba) does not apply, in which case selling fresh fruit for dried fruit of the same kind is permissible due to the absence of Riba. The basis for restricting 'Urayah to dates rests on the Prophetic prohibition of Muzabanah (selling fresh dates for dried dates by measure), the Prophet's specific exception for the people of 'Araya, and the reports that he prohibited selling grapes for raisins and any fruit by estimation (Khars). The original ruling mandates the prohibition of 'Urayah, and its allowance for date palms was a specific concession. This concession cannot be extended by analogy because other fruits do not match dates in the frequency of consumption, the ease of estimating their yield (Khars), and because the concession was initially for the people of Medina whose need was specifically for fresh dates (Rutab).
Supporting text
It is speculated that 'Urayah might be permissible for grapes and raisins but not for other fruits. This is the position of Al-Shafi'i, based on grapes and dates sharing common characteristics, such as the obligation of Zakat, permissibility of Khars and weighing their dried forms, common consumption in some lands, and the necessity of consuming their fresh form; thus, specifying one implies the ruling applies to the similar one. Conversely, it is held that it is not permissible for other fruits because they differ in most of these characteristics, for instance, their yield cannot be easily estimated due to being scattered and hidden by leaves, and their dried form is not staple food, negating the need for purchasing it via 'Urayah.