Chapter on al-ʿArāyā

Al-ʿarāyā are singled out from the prohibition of mazābana by the Sunnah and are therefore permissible with every type of fruit. The ʿarīya occurs when a man donates to someone the produce of a palm-tree—or several palms—or the produce of a fig or olive tree, or even a vineyard of grapes. The recipient takes possession, after which the donor, who still owns the tree itself, wishes to buy that very produce back. In that same year he may purchase it from the donee on the basis of kharṣ (visual estimation), paying with dried dates until the time of harvest, provided the estimated amount is five wasqs or less. Our preferred view is that the kharṣ be below five wasqs; yet if it reaches exactly five, the sale is allowed and is not annulled. Some of our scholars, however, void the transaction at five wasqs but uphold it below that figure, because this is the point of certainty in light of the doubt found in the narration of Dāwūd—its transmitter—over whether the limit was “five wasqs” or “less than five wasqs.”

Since the underlying contract is a form of mazābana that is normally forbidden, nothing may be taken from it except what the specific dispensation covers. A person is free to grant as an ʿarīya whatever quantity he wishes of the fruit of palms or other trees, but the ʿarīya may not be sold until the fruit shows signs of sound ripening. Once that stage appears, it may be sold for dinars or dirhams.