Sharh · explanationclick to expand
Preventing cheating in sales and avoiding potential disputes between the sellers and the buyers are among the objectives of the Laws of Islam. Therefore, the Prophet ﷺ forbade some sales that could lead to cheating and deception, or cause potential disputes between buyers and sellers. In this hadeeth, the Prophet ﷺ forbade selling only unpicked dates for an estimated equivalent weight of dry dates, known as the Muzaabanah sale (i.e., a sale that involves the exchange of fresh fruits for dry ones, where the quantity of the dry fruits is actually known, by precise measurement, but the quantity of the fresh fruits to be handed over in exchange is estimated while they are in their unpicked state on trees), but excluded one form of such a sale known as Bay‘ Al-‘Ariyyah (i.e., a sale of unpicked and unripe fruits, usually dates, for an estimated amount of picked and ripe fruits on the ground based on dry measurement). It is a sale whereby a poor person buys the unpicked dates of palm trees, after they appear to be ripe and ready for consumption, to eat therefrom whenever he wishes, in return for an estimated payment of dry dates on the ground. This transaction was deemed allowable because some people had no palm trees of their own, or money during the season of fresh dates, and they wished to feed their dependents therefrom.The Prophet ﷺ gave them that legal concession out of his compassion to them. He ﷺ deemed it allowable to conduct this form of that sale for an estimation of their equal weight of dry dates, provided they were less than five Wasaqs, as narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) in Saheeh Al-Bukhaaree and Saheeh Muslim.A Wasaq equaled 60 Saa‘s. ‘Alee ibn ‘Abdullah - one of the narrators of the hadeeth - told them that Sufyaan ibn ‘Uyaynah narrated this hadeeth to them with two different wordings conveying the same meaning. Sufyaan ibn ‘Uyaynah reported that he said to Yahyaa ibn Sa’eed Al-Ansaaree what had happened with him when he was a little boy, to indicate that he started seeking knowledge at a very young age, and that as a young seeker of knowledge used to debate and discuss with his teachers. Sufyaan said: “People of Makkah used to say that the Prophet ﷺ allowed for them the sale of ‘Arayaa (trees) by estimation.” Yahyaa asked about the supportive hadeeth text on which they relied in this regard, 'How did the people of Makkah know about it?' Sufyaan replied that they narrated such a hadeeth on the authority of Jaabir ibn ‘Abdullah Al-Ansaaree(may Allah be pleased with him). On that, Yahyaa kept quiet. In fact, Sufyaan made mention of the narrator of this hadeeth because he, i.e., Jaabir (may Allah be pleased with him), belonged to the people of Al-Madeenah. Thus, he underlined that the supportive hadeeth was narrated by the people of Al-Madeenah. The difference between the narration reported by Yahyaa ibn Sa’eed and that reported by the people of Makkah was that Yahyaa ibn Sa’eed limited the relevant legal concession in Bay‘ Al-‘Araayaa to estimation without weighing or measuring, and that the buyer must eat the dates fresh. As for the narration reported on the authority of Sufyaan from the people of Makkah, it did not specify such conditions, and indicated that Bay‘ Al-‘Araayaa was deemed allowable without any of these restrictions or conditions. Yahyaa could have said to Sufyaan that the people of Al-Madeenah held that such-and-such restrictions or conditions were stipulated; therefore,that which is general should be made subject to that which is restricted and specific i.e., applying a specific requirement on that which is general. The specification of the condition of estimation without weighing or measuring in the relevant narration is based on an addition made by a narrator, judged as Haafith (i.e., a title, lit. memorizer of hadeeth, awarded to a Hadeeth scholar after he had memorized thousands of hadeeths along with their chains of narration) by Hadeeth scholars, and therefore is essentially approved.Overall, the most likely correct opinion regarding the specification of being eaten fresh is that it is not a condition for the validity of this sale transaction but was rather mentioned to describe their actual situation. Sufyaan ibn ‘Uyaynah was asked whether or not there was any reference to the prohibition of selling fruits before their benefit is evident (i.e., becoming fully ripe) in Jaabir's narration, and he replied that there was none, meaning that the hadeeth did not state the prohibition of selling fruits before they ripen and become ready for consumption, although this is true according to another version of that hadeeth reported by other narrators. .