Sahih Muslim, 1541
sahihAbu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) having given exemption of 'ariyya transactions measuring less than five wasqs or up to five wasqs (the narrator Dawud is in doubt whether it was five or less than five).
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ مَسْلَمَةَ بْنِ قَعْنَبٍ، حَدَّثَنَا مَالِكٌ، ح وَحَدَّثَنَا يَحْيَى بْنُ يَحْيَى، - وَاللَّفْظُ لَهُ - قَالَ قُلْتُ لِمَالِكٍ حَدَّثَكَ دَاوُدُ بْنُ الْحُصَيْنِ، عَنْ أَبِي سُفْيَانَ، - مَوْلَى ابْنِ أَبِي أَحْمَدَ - عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم رَخَّصَ فِي بَيْعِ الْعَرَايَا بِخَرْصِهَا فِيمَا دُونَ خَمْسَةِ أَوْسُقٍ أَوْ فِي خَمْسَةِ - يَشُكُّ دَاوُدُ قَالَ خَمْسَةٌ أَوْ دُونَ خَمْسَةٍ - قَالَ نَعَمْ .
Isnad
3 transmittersReferences2 variants
- In-Book Reference
- Book 21, Hadith 91
- USC-MSA web (English) reference
- Book 10, Hadith 3692 (deprecated numbering scheme)
Sharh · explanationclick to expand
In the pre-Islamic era of ignorance, there were types of Riba-based sales. When Islam came, it rectified and refined such sale transactions and established the fair sale, which is free from Riba (usury). It forbade all types of sales that involve a possibility of Riba and that involve injustice. In this Hadīth, Abu Hurayrah (may Allah be pleased with him) reports that the Messenger of Allah (may Allah's peace and blessings be upon him) "gave a concession," i.e., allowed and permitted, "the sale of ‘Arāyā": A type of sale that takes the following form: Buying fresh dates after becoming ripe on the date palms for dry dates. So, the fruits on the date palm are given to the needy to eat therefrom whenever they like. What is on the date palms is estimated and dry dates are taken in exchange. It was called the ‘Arāya sale because the owner of the date palm gives it to a needy person, i.e., he strips it of its fruits for his sake. However, the Shariah set a condition that this should be done "by estimation," i.e., with a similar number of dried dates for the unpicked fruits. This is because some people would witness the season of ripe dates and wish to feed their children therefrom while having no date palms or money. Hence, the Prophet (may Allah's peace and blessings be upon him) wanted to show kindness to them. He also stipulated that this should be of a measure or weight less than "five Wasqs", and the "Wasq" is a standard measure that is equal to sixty Sā‘s, i.e. (130.5kg) one hundred thirty kilograms and a half. Therefore, five Wasqs are equal to almost (653kg) six hundred fifty-three kilograms. This means: The Prophet (may Allah's peace and blessings be upon him) granted them a concession regarding this kind of sale with this amount only because it could be mistakenly thought to be Riba, as the Prophet (may Allah's peace and blessings be upon him) forbade selling fruits for fruits of the same type, which is called a Muzābanah sale (selling something definite for an indefinite amount of its kind). It is as if the Prophet (may Allah's peace and blessings be upon him) made for them the exception of the ‘Arāya sale from Muzābanah and restricted it to five Wasqs to avoid the possibility of Riba. His saying: "Or equal to five Wasqs" refers to the doubt that one of the Hadīth narrators had, and he was Dāwūd ibn al-Husayn, as he did not remember whether it was five Wasqs or less than five Wasqs. The Hadīth clarifies the concession granted regarding one of the sale transactions out of alleviation and facilitation for the Ummah. It also points out that the specified amount in the ‘Arāya sale transactions is five Wasqs..