The second condition is that it be five wasqs or less. A wasq is sixty sāʿs, so five wasqs are three hundred sāʿs.
The third condition is that the fresh dates, once they dry, will amount to the same quantity as the dried dates—that is, an experienced and knowledgeable estimator must come and say, “These fresh dates, once dried, will equal the dried dates with which they are being purchased.”
If he says that, once dried, the fresh dates will be more or less than these dried dates, then the sale is not permissible; they must be equal. Here, equality as estimated is deemed sufficient in order to meet the poor person’s need.
The fourth condition is that he needs the fresh dates—meaning that he wants them for eating and enjoyment, not in order to keep them until they become dried dates. For he may say, “I want to buy the fresh dates and keep them until they become dried dates, so that these dried dates may be this year’s dates, which are fresher than last year’s dates.” We say: He must need the fresh dates in order to eat them. Hence the scholars said: If he purchases an ʿarāyā sale of fresh dates and they then become dried dates, the sale is invalid, because the condition for which this concession was permitted has been lost.
The fifth condition is that the fresh dates be upon the tops of the palm trees. If they are in containers—that is, if the orchard owner has harvested the palm trees, placed the dates in containers, and offered them for sale—and a poor person comes and says, “I have no money, but I have dried dates. Estimate the fresh dates in this container, and I will give you dried dates equivalent to that estimate,” this is not permissible, because it defeats the purpose of enjoying them gradually. When they are still on the palm trees, a person may enjoy them little by little.
If someone were to ask: How can an ʿarāyā sale be permitted when it is prohibited on account of