even if they are equal in measure or weight, the exchange is invalid. This is because the pits are additional to the dates; if both are weighed together, the pits will have no corresponding countervalue, so the transaction is invalid.

If someone were to say: “The person purchasing the dates is not concerned about the pits, nor do they even occur to him. Rather, he has a guest staying with him, and he says, ‘If I serve him al-ʿubayṭ, it would not be fitting and would not be considered hospitality according to custom. I want to buy dates.’ So he goes to the date seller and buys dates from him in exchange for al-ʿubayṭ.” We say: This too is not permissible, because the pits occupy substantial volume, both in terms of measure and weight; therefore, equality cannot be achieved. However, if he buys pitted dates for pitted dates with equality, that is permissible. Likewise, dates containing pits may be exchanged for dates containing pits with equality, as stated in the hadith.

If it so happens that some pits are larger than others, this is excused. It is well known that the pits of some dates are sometimes larger, but the Sacred Law has not taken this into consideration, because it would be difficult to account for and is generally not intended.

His statement, “Pits may be sold for dates containing pits”: This is unusual: pits may be sold for dates containing pits, whereas dates may not be sold for dates without pits.

The reason is that this is not what is intended. One who sells pits for dates containing pits intends the dates, not the pits. Had he intended the pits, he would have known that the pits would be less than what he purchased them for. This shows that intention has an effect on permissibility and prohibition.