A third example: Silver vessels are forbidden. If someone has a vessel made of something other than silver and it breaks, then wishes to join its parts together with a silver chain, this is permissible, even though he will use this vessel and it contains some silver. Yet it is said that this is permitted due to need, even though it is forbidden in principle, because its prohibition is that of a means: using gold and silver for vessels leads to boasting, arrogance, pride, and self-exaltation. Hence the Prophet ﷺ said: “They are for them in this world and for you in the Hereafter.” (1)

In summary, the author’s statement, “and its fresh dates for its dried dates,” excludes the sale of ʿarāyā: the sale of fresh dates still on the palm trees for dried dates, subject to the conditions mentioned above.

If someone were to say: The buyer’s need is clear—that is, the buyer needs fresh dates. But what if the seller needs dried dates and has no wealth other than the fresh dates on the palm trees? Is this permissible or not? The distinction between the two cases is clear. In the ʿarāyā sales mentioned in the hadith, the buyer is the one who needs fresh dates. But if the owner of the fresh dates is the one who needs dried dates, may we meet his need when he has no dirhams, and say: There is no harm in purchasing dried dates with fresh dates, subject to the conditions we have mentioned?

Some scholars said: It is not permissible, because this case is an exception, and nothing else may be analogized to an exception.