Aḥmad likewise narrated from Muḥayṣah ibn Masʿūd that he had a slave who earned his living as a cupper. The Prophet (peace and blessings be upon him) rebuked him for taking that wage. Muḥayṣah asked, “Shall I not feed it to some orphans of mine?” He replied, “No.” He said, “Then may I give it away in charity?” He replied, “No,” but he allowed him to use it to feed his working camel. ⦗1⦘
Some scholars maintained that the cupper’s earnings are lawful, arguing that the ḥadiths of prohibition were abrogated by the Prophet’s later acceptance of the fee. Abrogation, however, can only be affirmed when the chronological order of the evidences is known with certainty.
The best way to reconcile the proofs of the two sides is to note that the term “khabīth” (vile) is used both for what is forbidden and for what is simply base or contemptible. Allah says, “Do not aim at the worthless part of it for spending” (Quran 2:267), and the Lawgiver described garlic and onions as “khabīth.” Thus calling the cupper’s wage “khabīth” belongs to this second usage, for it is a lowly earning that arises from a demeaning craft. The Sacred Law encourages noble pursuits and wholesome, honorable sources of income; therefore the cupper’s wage is vile from the standpoint of the recipient, even though it remains lawful for him.
Chapter on ʿArāyā ⦗2⦘
In this chapter we shall present the reports that permit the sale of an ʿārīyah—its definition will follow. This ruling is an exception to the prohibition of muzābanah sales discussed earlier under ḥadith 257; its clarification and rationale will come, God willing.
First ḥadith
Zayd ibn Thābit (may Allah be pleased with him) reported that the Messenger of Allah (peace and blessings be upon him) granted a concession to the owner of an ʿārīyah to sell it according to its estimated yield. In Muslim’s wording: “…to sell it, estimating its yield in dates, so that they could eat them fresh.”
Unfamiliar terms
ʿĀrīyah: a noun on the pattern faʿīlah with the sense of a passive participle; its plural is ʿarāyā, just as muṭiyyah becomes muṭāyā. Mukhtār al-Ṣiḥāḥ states: