Jaabir (may Allah be pleased with him) narrated:
The Prophet ﷺforbade the selling of fruits before they are ripe, and none of them should be sold except for Dinar or Dirham (i.e., money), except the ‘Arayah trees (, the dates of which could be sold for dates).
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Commentary :
Preventing cheating in sales and avoiding potential disputes between the sellers and the buyers are among the objectives of theLaws of Islam. Therefore, the Prophet ﷺ forbade some sales that could lead to cheating and deception, or cause potential disputes between the buyers and sellers.
In this hadeeth, the Prophet ﷺ forbade selling only the unpicked fruits or dates (rather than the fruits and trees altogether) before they appear fully ripe and ready for consumption, by becomingred or yellow or showing any other sign of ripeness. This is because when the fruits ripen, they become safe from potential loss or defects due to pests that may destroy or reduce the yield. In fact, the prohibition of such a sales transaction serves the best interests of both the buyer and seller. It benefits the seller, because the price paid for the unripe fruits is lower; he could sell them for a higher price if he waited until they are fully ripe. Therefore, hastening to sell the unripe crops may cause him to miss out on obtaining more earnings, and hastening to make small profits (rather than waiting to make big ones) implies a waste of wealth. Moreover, the unripe fruits may go bad and spoil before they ripen, and thus a seller would have unlawfully devoured the wealth of his Muslim brother. It also benefits the buyer, because when he buys the unripe fruits, he may lose his money if the quality of the purchased fruits turns out to be less than what was expected, and thus he would be risking the loss of his money. In addition, there is another benefit accruing to both parties, for the prohibition of this sale eliminates potential disputes and discord that may be caused between them were the sold fruits to go bad and spoil.
The Prophet ﷺ also forbade the sale of dates, after they appear ripe and ready for consumption, for dates. Rather, dates should be sold for Dinar, Dirham, or other trade goods, to avoid falling into Ribaa Al-Fadhl (i.e., excess charged in the event of a barter of specific homogenous commodities of different quality or quantity). It involves the sale of gold for gold, silver for silver, or food for food with excess, and it is deemed prohibited as per the laws of Islam with regard to six categories of commodity, as recorded in Saheeh Muslim. TheProphet ﷺ said: “Gold may be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, salt by salt, like by like, provided that the payment is made hand to hand. If the exchanged commodities are dissimilar, sell as you wish as long as the payment is made on the spot.”
The Prophet ﷺ later deemed allowable one form of this sale, namely Bay‘ Al-‘Ariyyah or ‘Araayaa (i.e., a sale of unpicked and unripe fruits, usually dates, for an estimated measure of picked and ripe fruits on the ground based on dry measurement). It is a sale whereby the owner of an orchard grants a poor person, who has no palm trees of his own nor cash to buy fresh dates for his household consumption, the (fresh) dates of his palm tree in return for a payment of surplus dry dates. It is a barter of the owner’s fresh dates of one or two palm trees for instance, for an estimated weight of surplus dry dates provided by the poor person, to avail himself of fresh dates like those who could afford buying them. This transaction was deemed allowable because some people had no palm trees or money during the season of fresh dates and wished to feed their dependents therefrom. Therefore, the Prophet ﷺ gave them that legal concession, to conduct the sale of ‘Arayah for an estimated weight of dry dates, provided that 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, and the Wasaq equaled 60 Saa‘s.
The hadeeth highlights how Islam promotes ease and facilitation and eliminates inconvenience for people.
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