dates and wishes to enjoy fresh dates, as people do, the Lawgiver has permitted him to buy fresh dates still on the palms in exchange for dried dates, on condition that they do not exceed five wasqs and that the amount be determined by estimation—that is, we estimate how much the fresh dates would amount to if they were dried dates, such that they equal the dried dates given in exchange.

This involves an element of usury, yet it has been permitted due to need. Why? Because the prohibition of usury involving excess falls under the category of prohibitions intended to block the means, unlike usury involving deferment, whose prohibition falls under the category of prohibitions intended for their own sake. Hence, in the hadith of Usamah ibn Zayd: “There is no usury except in deferment,” or: “Usury is only in deferment” (1). The scholars said: What is meant by this is the complete, intended form of usury; as for usury involving excess, it is a means to it (2).

“Or illness, lice, war, or padding, . . .”

His statement, “or illness,” means that wearing silk is permissible if one has an illness that silk alleviates or cures. In this matter, reference is to be made to physicians. Thus, if they say, “If this man wears silk, he will be cured of the illness,” or, “His illness will be eased,” then he may wear it.

His statement, “or lice,” means that wearing silk is permissible in order to ward off lice, because he has a need for this—either a psychological need, since a person cannot bear to go out among people while lice are on his clothes; or a physical need, since these lice bite and trouble him. Because of its softness, cleanliness, and smooth texture, silk wards off lice, for lice are most commonly found where there is dirt.