The fifth chapter: It is not permissible to sell it [the 'ariyya] except to one who is in need of eating it fresh, and it is not permissible to sell it to a wealthy person. This is one of the two views of al-Shafi'i, while he permitted it in the other view absolutely for everyone, because any sale that is permissible for a needy person is permissible for a wealthy person, like other sales, and because the hadiths of Abu Hurayrah and Sahl are absolute. Our evidence is the hadith of Zayd ibn Thabit, when Mahmud ibn Labid asked him, "What are these 'Araya of yours?" He then named needy men from the Ansar who complained to the Messenger of Allah (peace be upon him) that the fresh fruit comes while they have no cash in their hands with which to purchase fresh fruit to eat, while they have surplus dates, so he granted them a concession to purchase the 'Araya by their estimation in dates to eat as fresh fruit. When the fundamental principle is violated for a condition, its violation is not permissible without that condition. Furthermore, what is permitted due to need is not permitted in its absence, like Zakat for the poor and the concessions during travel. Based on this, whenever the owner is not in need of eating the fresh fruit, or if he is in need but possesses the price with which to purchase the 'ariyya, it is not permissible for him to purchase it with dates, and it is the same whether he sells it to its donor in order to prevent the owner of the 'ariyya from entering his orchard, as is the school of Malik, or to someone else; it is not permissible. Ibn 'Aqil said: "It is permitted." Ahmad's words allow for this, because the need exists from both sides, so it is permitted, just as if the purchaser were in need of eating it. Our evidence is the hadith of Zayd that we have mentioned; a concession for a specific reason is not established in its absence. Moreover, in the hadith of Zayd and Sahl it states: "Its people eat it fresh." If it were permissible to clear the 'ariyya [of the owner's entry], this would not have been stipulated. Therefore, five conditions are stipulated for the sale of the 'ariyya: that it be in an amount less than five awsuq, that it be sold for its estimation in dates, that the price be taken possession of before separation, that the purchaser be in need of eating the fresh fruit, and that he not possess [means] with which to purchase it other than dates. The Qadi and Abu Bakr stipulated a sixth condition, which is the seller's need to sell. Al-Khiraqi stipulated that it must have been gifted to its seller. Our companions stipulated for the durability of the contract that