Azami 5745

Bukhari narrated it in the Book of Musaqah (2383, 2384), and Muslim in the Book of Sales (1540:70), both from the hadith of Abu Usama, who said, Walid bin Kathir informed me, who said, Bashir bin Yasar, the freedman of Banu Haritha, informed me that Rafi bin Khadij and Sahl bin Abu Hathma told him, and he mentioned the hadith. Bukhari said, "Ibn Ishaq said, Bashir told me the same."I say, Bukhari mentioned the corroboration of Muhammad bin Ishaq for Walid bin Kathir, who is the Makhzumi, Abu Muhammad of Madinah, concerning whom there is disagreement. Ibn Saad declared him daif, while Ibn Main and Abu Dawud considered him trustworthy, though his hadith is hasan.As for his saying "arees" and "arayah", this refers to the sale of the fruit of specific known palm trees, after their ripeness has appeared, estimated by guess, in exchange for dates measured out and placed on the ground. The lawgiver made an exception for this from the prohibition of muzabana because of people's need for it. It is called arees because it is "exempted" (uriyat) from the general prohibition, meaning it was excluded, following the pattern of faeela in the sense of faaila.The forms of arees are numerous, and here are some of what Ibn Hajar mentioned in Fath al-Bari. One of them is that a man says to the owner of an orchard, "Sell me the fruit of specific palm trees by estimation, in exchange for dates." So he estimates it, sells it to him, receives the dates from him, and hands over the palm trees to him by relinquishing possession.Another is that the owner of the orchard grants a man some palm trees, or the fruit of specific known palm trees, from his orchard, but then is harmed by the man's entering upon him, so he estimates the fruit and buys back the fresh dates from him according to his estimate, in exchange for dried dates which he gives him promptly.Another is that a man sells the dates of his orchard after their ripeness has appeared, excluding from the sale specific known palm trees which he keeps for himself and his family, these being the ones for which he was exempted from paying zakat on the estimate. So it was permitted for those in need, who have no cash but have a surplus of the dried dates that make up their provisions, to buy with those dried dates the fresh dates of those palm trees by estimation.Most jurists have held that these forms are permissible, among them Uzai, Shafii, Ahmad, Ishaq, and Abu Ubayd, and others. I have discussed this matter in detail in Minna Kubra (5/98–107), so refer to it for further information.