He says: We designate them for people. Thus, it is determined to apply the word to its linguistic subject and its requirement in the Arabic language, as long as there is nothing to divert it from that. Our evidence is the hadith of Zayd ibn Thabit, which is a proof against Malik, in his explicit statement on the permissibility of selling them by someone other than the donor. This is because if it were for the need of the donor, it would not have been restricted to five awsuq, due to the need not being restricted to that. It is not permissible to sell them for dates, because the apparent condition of an orchard owner who has many palm trees and designates them for people is that he is not unable to pay the price of the 'ariyya, and in this is a proof against those who stipulated that it must be gifted to its seller; for the rationale (illah) of the concession is the need of the purchaser to eat the fresh dates, and he possesses no price other than dates, so whenever that is found, the sale is permissible. Moreover, stipulating that it be gifted, along with stipulating the purchaser's need to eat it fresh while having no other price, leads to the voiding of the concession, as such a situation rarely coincides. Furthermore, what is permissible to sell when it has been gifted is also permissible when it has not been gifted, just like other forms of property, and what is permissible to sell to its donor is also permissible to someone else, just like other forms of property. It is only called 'ariyya because it is stripped (ta'arri) from other things and singled out for sale.
Fourth Section: It is only permissible to sell it based on its estimation (khars) in terms of dates, neither less than it nor more. It is mandatory that the dates with which it is purchased be known by measure (kayl), and it is not permissible by conjecture (juzaf). We know of no disagreement regarding this among those who permitted the sale of 'araya, due to what was narrated by Zayd ibn Thabit, that the Messenger of Allah (peace be upon him) granted a concession for 'araya to be sold by their estimation in measure. This is agreed upon. And in [the version of] Muslim, that they be taken...
= also by Tha'lab in his Majalis 94. Ibn Manzur said in (R-J-B) that it is narrated: rajabiyya, with the damm (u) of the ra' and the khafif (light) fathah (a) of the jim, and also with its tashdid (doubling). He said: Both are rare linguistic derivations, and the version with the heavy (tashdid) is more anomalous. Then he said: The verse of Suwayd ibn al-Samit has been narrated in both ways. (21) In the original: "his explicit statement in the permissibility". (22) In the original: "from". (23) Reported by al-Bukhari, in: The Chapter on the Explanation of 'Araya, from the Book of Sales, Sahih al-Bukhari 3/100. And Muslim, in: The Chapter on the Prohibition of Selling Fresh Dates for Dried Dates except in 'Araya, from the Book of Sales, Sahih Muslim 3/1169. It was also reported by Imam Ahmad, in: al-Musnad 5/181, 188. See Fath al-Bari 4/392, 393, and Talkhis al-Habir 3/29, 130.
