because fresh dates are heavier than dried dates, and what makes them heavier is something external to their own substance; therefore, the exchange is prohibited. This is why, when the Prophet ﷺ was asked about selling dried dates for fresh dates, he said, “Do they decrease when they dry?” They replied, “Yes.” So he forbade it (1). An exception is made, however, in the case of ʿarāyā sales.

An ʿarāyā sale is where a person has dried dates left over from the previous year, and fresh dates come in during the present year. He wishes to enjoy fresh dates, but he has no money; all he possesses is dried dates from the previous year. In this case, the Sacred Law grants a concession allowing him to purchase fresh dates with dried dates. They are called ʿarāyā because they are exempt from payment in cash. Thus, this poor man, who has dates from the previous year, comes to the owner of the orchard and says, “Sell me the dates of this palm tree, which are now fresh dates, in exchange for dried dates.” This is permissible due to the need for it, since this poor person wishes to enjoy fresh dates as other people do, but has no money. He may therefore buy the fresh dates while still on the palm trees with dried dates, subject to the following conditions:

The first condition is that he has no means of purchasing them other than these dried dates. If he has something else with which he can purchase them, such as money, clothing, livestock, or the like, then it is not permissible for him to buy fresh dates with dried dates.