for them to purchase the 'araya based on their estimation (khars) from the dates in their possession which they would eat as fresh dates. And since the cause of the concession is the need of the purchaser, the need of the seller to sell is not taken into account, so it is not restricted to five awsuq in his right. And because if we were to consider the need of the purchaser and the need of the seller to sell, it would lead to a situation where no facilitation is achieved, since it rarely happens that both needs coincide, and thus the concession would vanish. If we say it is not permissible, the second contract becomes void. If one purchases two 'ariyya contracts or sells them, and they contain less than five awsuq, it is permissible, according to a single view.

Third Section: It is not a condition for the sale of 'ariyya that it be gifted to its seller. This is the apparent view of our companions, and al-Shafi'i held this view as well. The apparent statement of al-Khiraqi is that it is a condition. Al-Athram narrated, saying: I heard Ahmad being asked about the explanation of 'araya, and he said: 'Araya is when a man designates his neighbor or relative as a recipient due to need or poverty; the recipient (al-mu'arra) may then sell it to whomsoever he wishes. Malik said: The permissible sale of 'araya is that a man designates another as a recipient of some palm trees from his orchard, then the owner of the orchard dislikes the entry of the designated recipient into his orchard; because he might be with his family in the orchard, so the entry of his companion would disturb him, thus it is permissible for him to buy them from him. They argued that 'ariyya in language refers to the gift of the fruit of palm trees for a year. Abu Ubayd said: I'ra' is for a man to designate for another the fruit of his palm trees for that year. The poet of the Ansar said, describing the palm trees:

Neither annual nor Rajabiyya (producing fruit in Rajab) ... But rather 'araya in the years of calamity.