was already in existence when the first crop was sold, in which case it was sold before its ripeness had become apparent; or it did not yet exist, in which case this was a sale of something nonexistent.
However, this may be answered by saying: the relinquishment by the owner of the second crop is not a sale, but rather a gift and voluntary grant. It is well known that a person may donate the fruit of date palms before its ripeness has become apparent, because what is prohibited is only a sale. As for a gift or voluntary grant, the recipient either gains or suffers no loss: he gains if the fruit remains and ripens; otherwise, he loses nothing. Thus, there is no excessive uncertainty, ignorance, or gambling involved. This second view is more correct: if the second crop appears and becomes indistinguishable from the first, we say: let them reach a settlement. If the owner of the second crop relinquishes it and says, “It makes no difference to me; the crop that appeared after the sale belongs to him,” then we say: the sale remains valid, with no dispute or litigation.
But what if they refuse to reach a settlement, and the owner of the second crop refuses to give it to the first as a gift? What should be done?
The jurists who hold that the sale is not invalid say: they should be compelled to settle. Thus, the purchaser and the owner of the new crop are compelled to reach a settlement, because there is no way to resolve the matter otherwise. Declaring the sale invalid may harm either the seller or the purchaser: if the fruit has become cheaper, the harm falls upon the seller; and if its value has increased, the harm falls upon the purchaser. If they will agree only through a third party who reconciles them, we say: there is no objection to that. A third party should be appointed to reconcile them, and the problem will come to an end.
His statement: “Or an ʿariyyah transaction, and it becomes dry dates.” The term ʿariyyah is derived from al-ʿurū (being devoid or empty). The scholars differed concerning its interpretation. Some scholars said that