as equivalent to its estimation in dates, so that its owners may eat it fresh. This is because the base principle is the consideration of measurement (kayl) from both sides; it is dropped in one of them due to impossibility, so it becomes mandatory in the other according to the dictate of the base principle. Furthermore, abandoning measurement from both sides increases uncertainty (gharar), and abandoning it from one side reduces uncertainty, and the validity of a transaction under conditions of low uncertainty does not necessitate its validity under high uncertainty. The meaning of its estimation (khars) as the equivalent of it in dates is that the estimator walks around the 'ariyya, looks at how much dates it will yield, and then the purchaser buys it with its equivalent in dates. Al-Shafi'i held this view. Hanbal narrated from Ahmad that he said: He estimates it while it is fresh and gives dates as a concession. This interpretation allows for the first meaning, and it also allows for the interpretation that he purchases it with dates equivalent to the fresh dates upon it; for it is a sale in which equivalence is stipulated, so it is considered at the time of sale like all other sales. This is also because the base principle is the consideration of equivalence in the present, and that fresh dates should not be sold for dried dates. The base principle was departed from in the sale of fresh dates for dried dates, so it remains in all other respects subject to the dictate of the evidence. Al-Qadi said: The first is more correct because it is based on the estimation of fruits for the purpose of the Zakat (tithe), then estimating it as dates. Or because equivalence in the sale of dates for dates is considered at the time of storage, and selling fresh dates for their equivalent in dates leads to the loss of that [equivalence]. As for if he purchased it according to its estimation in fresh dates, it is not permissible. This is one of the opinions of the companions of al-Shafi'i. The second is that it is permissible. The third is that it is not permissible if they are of the same variety, but permissible if they differ. The reasoning for its permissibility is what was narrated by al-Juzajani, from Abu Salih, from al-Layth, from Ibn Shihab, from Salim, from Ibn 'Umar, from Zayd ibn Thabit, from the Messenger of Allah (peace be upon him), that he granted a concession after that for the sale of the 'ariyya for fresh dates or dried dates, and he did not grant a concession for anything else. Furthermore, if the sale of fresh dates for dried dates is permissible while one of them is specifically prone to reduction later on, then it is more appropriate that it be permissible when that is not the case. As for our evidence, it is what Muslim narrated with his chain of authority from Zayd...