Yahyā ibn Sa‘īd in al-Mudawwanah, for he said: “An ariyyah is when a man grants another man the fruit of one or two palm trees, specifying them from his own property for the recipient to eat, and the recipient then sells it for dried dates.” He did not specify whether the buyer was the donor or someone else. The correct view is that stated and adopted by Mālik—may Allah have mercy on him—for, in this matter, the unrestricted wording must be understood in light of the restricted wording, in accordance with the evidence establishing this.
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According to Mālik—may Allah have mercy on him—ariyyah sales for their estimated equivalent are permissible only under six conditions:
First: the fruit must have begun to show signs of ripening.
Second: the quantity must be five wasqs or less. If it exceeds that, the sale is impermissible. It has also been said that it is permissible only for less than five wasqs; this is Abū al-Faraj’s report from Mālik—may Allah have mercy on him—and is the stronger view. The default ruling is prohibition, because this constitutes muzābanah (exchanging fresh fruit for dried fruit). No part of it may therefore be deemed permissible without certainty, since doubt does not undermine certainty.
Third: he must give the recipient the estimated equivalent at harvest. If he gives it to him immediately, the sale is impermissible.
Fourth: the payment must be of the same kind and variety as the fruit. If it differs, the sale is impermissible.
Fifth: the ariyyah must consist of fruit that can be dried and stored.
Sixth: the recipient must sell it to its donor or to someone who has acquired ownership of the orchard’s fruit. According to Ibn al-Qāsim’s position in al-Mudawwanah, a seventh condition is required: the grant must be expressly designated an ariyyah, rather than an unrestricted gift, since he distinguishes the rulings governing an unrestricted gift from those governing an ariyyah.
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Mālik—may Allah have mercy on him—al-Shāfi‘ī and Abū Hanīfah agreed that the recipient may accept dried dates equal to the estimated yield in exchange for his ariyyah. They differed, however, over the rationale for this. As for Mālik, his position has