ibn Thabit, that the Messenger of Allah (peace be upon him) granted a concession for 'Araya to be taken for their equivalent estimation in dates. And from Sahl ibn Abi Hathma, that the Messenger of Allah (peace be upon him) forbade the sale of fresh fruit for dried dates and said: "That is usury; that is Muzabana." However, he granted a concession for the 'ariyya—one or two palm trees—which the household takes by its estimation in dates, and they eat it while it is fresh. This is because it is a sold item in which its equivalent is due in dates, so it is not permissible to sell it for its equivalent in fresh fruit, just like dry dates. Furthermore, whoever possesses fresh dates is in no need of purchasing fresh dates by consuming what he has, and the sale of 'Araya requires the purchaser's need, as we have previously stated. The hadith of Ibn 'Umar contains uncertainty regarding fresh fruit and dried dates, so it is not permissible to act upon it in the presence of doubt, especially since these [other] hadiths clarify it and remove the doubt.

Section: It is a condition in the sale of 'Araya that there be taking possession (taqabud) in the session. This is the view of al-Shafi'i, and we do not know of any dissenter regarding it; because it is the sale of dates for dates, so its conditions are considered, except for what the Lawgiver has excluded regarding matters that cannot be considered in the sale of 'Araya. Taking possession in each of them is according to its nature; in the case of dates, it is by measurement (iktiyal) or transport, and in the case of the fruit, it is by handing it over (takhliya). It is not a condition that the dates be present at the palm trees; rather, if they both trade after knowing the dates and the fruit, then they both walk together to the palm tree, and he hands it over to its purchaser, then they walk to the dates and he takes possession of them from its seller, or he takes possession of the dates then they both walk to the palm tree and he hands it over to its purchaser, or he hands over the palm tree then they walk to the dates and he takes possession of them, it is permissible; because separation does not occur before taking possession. When this is established, the sale of the 'ariyya occurs in two ways: One is that he says: "I sell you the fruit of this palm tree for such-and-such amount of dates," and he describes it. The second is that he measures the dates according to the amount of its estimation, then says: "I sell you this for that," or he says: "I sell you the fruit of this palm tree for these dates," and the like. If he sells it for a specified amount, its possession is by moving and taking it, and if he sells it for a described amount, its possession is by measuring it.