and he may buy from it whatever the donor himself was allowed to purchase. The ʿarīya may not be sold for dates of a different type, whether payment is taken immediately or deferred until the cutting. Responsibility for watering the trees and tending the ʿarīya remains with the owner of the grove.

As for the zakah on an ʿarīya, the jurists differ. Mālik’s distilled opinion is this: when the whole crop is transferred—whether as a straightforward gift or as an ʿarīya—before any signs of ripeness appear, the zakah is due from the beneficiary of the gift; if the transfer occurs after ripeness has set in, the zakah falls on the donor. Even among Mālik’s own followers there is considerable disagreement on the matter.