Some scholars said that an ʿariyyah transaction is the gift of fruit, and it was called an ʿariyyah because it is free of compensation. However, the correct view is that an ʿariyyah is the sale of fresh dates still on the palm trees in exchange for dry dates, for someone who needs fresh dates but has no money with which to buy them. It is called this because it is devoid of the two monetary currencies: the fresh dates are estimated so that they equal the old dry dates in measure, and then the owner of the old dry dates purchases them, on condition that they amount to five wasqs or less.
Thus, a poor man who has no money but possesses old dry dates comes to the farmer and says: “I need fresh dates. Sell me the fruit of this palm tree—which will yield fifty sāʿs once dry—in exchange for fifty sāʿs of the dry dates I have.” This is permissible, because fifty sāʿs is less than five wasqs, and he is in need and has no money.
So, this man gives him the dry dates, and the other relinquishes the palm tree to him. Taking possession of the dry dates is effected by measure, while taking possession of the palm tree is effected by relinquishment. The owner of the palm tree leaves it at his disposal, while the other gives him the dry dates by measure. Then the purchaser leaves it until it becomes dry dates.
His statement, “It becomes invalid,” means that the sale is invalidated. The Sacred Law permitted the sale of fresh dates for dry dates—although the basic ruling is that it is prohibited—in order to relieve the need of this poor man who requires fresh dates. But now that he has neglected it and left it until it became dry dates, the reason for which the Sacred Law permitted the sale of fresh dates for dry dates has ceased to exist.
Nor can we open the door to deception for people. If we were to deem the sale valid and require the seller of the palm tree to uphold the contract, people would resort to this as a legal stratagem. Therefore, the author says: if one purchases an ʿariyyah transaction and it becomes dry dates, the sale is invalid.
His statement, “And all of it belongs to the seller,” means that in all these cases, whenever the sale is invalidated, everything reverts to the seller, because it is his property; and the purchaser takes the price back from the seller.