...that he granted a concession in 'araya. And a concession (rukhsa) is the making lawful of a forbidden matter while the cause of the prohibition exists. Thus, if the presence of the cause were to prevent the making lawful, we would have no concession whatsoever.

The second section: It is not permissible in any amount exceeding five awsuq, without any disagreement that we know of, and it is permissible in amounts less than five awsuq, without any disagreement among those who uphold its permissibility. As for five awsuq, it is not permissible according to our Imam, may Allah have mercy on him. This is also the view of Ibn al-Mundhir and al-Shafi'i in one of his two opinions. Malik and al-Shafi'i in one opinion said: It is permissible. Isma'il ibn Sa'id narrated it from Ahmad; because the hadith of Zayd and Sahl states that he granted a concession in 'ariyya absolutely, then he excepted what exceeded five in the hadith of Abu Hurayra, and he was in doubt regarding the five, so he excepted the certainty and left the doubted portion based on the requirement of permissibility. Our evidence is that the Prophet, peace and blessings of Allah be upon him, forbade muzabana. And muzabana is the sale of fruit for dates. Then he granted a concession in 'ariyya for what is less than five awsuq, and he was in doubt regarding the five, so it remains under the general scope of the prohibition. Furthermore, 'ariyya is a concession established against the text (nass) and analogy (qiyas) definitively for what is less than five, and the five is a matter of doubt, so its permissibility is not established with doubt. Ibn al-Mundhir narrated with his chain of transmission that the Prophet, peace and blessings of Allah be upon him, granted a concession in the sale of 'ariyya for one wasq, two awsuq, three, and four. The specification by this indicates that it is not permissible to exceed it in number, just as we agreed that it is not permissible to exceed five because he specified those by mentioning them. Muslim narrated from Sahl that the Messenger of Allah, peace and blessings of Allah be upon him, granted a concession in the sale of 'ariyya: one or two palm trees. Furthermore, five awsuq are in the same ruling as what exceeds them;