already been explained. As for al-Shāfi‘ī, he did not confine this to an ariyyah. He permitted the sale of less than five wasqs of fresh dates on the palms for dried dates in an immediate exchange, whether the fresh dates had been acquired through an ariyyah or a purchase, or belonged to someone wishing to sell that quantity from his orchard, with or without a particular reason. In his view, the concession applies specifically to the stated quantity, which is therefore excluded from muzābanah; anything exceeding it remains subject to that prohibition. According to him, ariyyah grants were specifically mentioned only because the question concerned them, or because they generally fall within this quantity.

They also maintained that an ariyyah does not mean something granted, gifted, or given, but rather something set apart from a larger whole—whether for gifting, sale, or consumption—as though it had been stripped away from its source and separated from it. The correct view, however, is what we have already cited from the lexicographers: it denotes a gift. Al-Shāfi‘ī’s position differs in three respects from what appears in certain reports: “The Messenger of Allah ﷺ permitted the recipient of an ariyyah to sell it to its donor for its estimated yield in dried dates at harvest.”

First: the Messenger of Allah ﷺ stipulated that its sale was permissible only to its donor, not to anyone else, whereas al-Shāfi‘ī permits its sale to the donor or anyone else.

Second: he ﷺ permitted its sale for its estimated yield in dried dates at harvest, whereas al-Shāfi‘ī prohibits deferring the exchange until harvest and permits only immediate exchange. He holds that if the parties separate before taking possession, the sale is invalid.

Third: ariyyah denotes the familiar practice that is exempted from the general rules, as indicated by the Prophet’s ﷺ instruction to those estimating the yield: “Be lenient, for the produce includes ariyyah grants and bequests.” He thus treated the two alike, whereas al-Shāfi‘ī maintains that the concession concerns the quantity, even when no ariyyah grant is involved.

As for Abū Hanīfah, his rationale for permitting the donor to take back his ariyyah in return for its estimated yield is that this constitutes a fresh gift. This follows his principle that a donor may revoke his gift so long as possession has not passed from him. Thus, it is as though he took back his ariyyah from