The Prophet permitted selling the dates of the 'Araya for ready dates by estimating the amount of the former (as they are still on the trees).

Who was among those (who had given the Pledge of allegiance) under the Tree: Pious people will die in succession, and there will remain the dregs of society who will be like the useless residues of dates and barley and Allah will pay no attention to them.

Yahya related to me from Malik that Abu'z-Zinad heard Sa'id ibn al-Musayyab andSulayman ibn Yasar forbid a man to sell wheat for gold on delayed terms and then to buy dried dates with the gold before he had taken delivery of the gold.

In the lifetime of Allah's Apostle , we used to give one Sa' of food (edible things) as Sadaqat-ul-Fitr (to the poor). Our food used to be either of barley, raisins (dried grapes), cottage cheese or dates.

We used to be given mixed dates (from the booty) and used to sell (barter) two Sas of those dates) for one Sa (of good dates). The Prophet said (to us), "No (bartering of) two Sas for one Sa nor two Dirhams for one Dirham is permissible", (as that is a kind of usury). (See Hadith No. 405).

From Zaid bin Thabit that the Messenger of Allah (saws) permitted selling in Al-'Araya by estimating it.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. The Hadith of Abu Hurairah is Hasan Sahih. And this is acted upon according to some of the people of knowledge. Among them Ash-Shafi'i, Ahmad and Ishaq. They said Al-'Araya is an exception from the general scope of the prohibition of the Prophet (saws) when he prohibited Al-Muhaqalah and Al-Muzabanah. They argued using this Hadith of Zaid bin Thabit and the Hadith of Abu Hurairah. They said that he may buy what is less than five Wasq.

According to some of the people of knowledge, this means that the Prophet (saws) wanted to make less restriction for them on this matter because they complained to him saying: "We dont by anything with dried dates except fruit." So he permitted them to buy less than five Wasq worth so they could eat fresh dates.

That the latter said, "Who has change?" Talha said, "I (will have change) when our storekeeper comes from the forest." Malik bin Aus narrated from `Umar bin Al-Khattab: Allah's Apostle said, "The bartering of gold for gold is Riba (usury), except if it is from hand to hand and equal in amount, and wheat grain for wheat grain is usury except if it is form hand to hand and equal in amount, and dates for dates is usury except if it is from hand to hand and equal in amount, and barley for barley is usury except if it is from hand to hand and equal in amount."

The Messenger of Allah (saws) forbade to sell fresh dates for dry dates when payment is made at a later date.

Abu Dawud said: The tradition mentioned above has also been transmitted by Sa'd (b. Abi Waqqas) from the Prophet (saws) through a different chain of narrators in a similar way.

"The Prophet (saws) prohibited mixing of unripe dates and dates, and mixing of raisins and dates (for making Nabidh), and he prohibited the jars that Nabidh is made in."

He said: There are narrations on this topic from Anas, Jabir, Abu Qatadah, Ibn 'Abbas, Umm Salamah, and Ma'bad bin Ka'b from his mother.

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

"While at Medina we were struck with famine. Ibn Az-Zubair used to provide us with dates as our food. Ibn `Umar used to pass by us and say, "Don't eat two dates together at a time as the Prophet has forbidden eating two dates together at a time (in a gathering) unless one takes the permission of one's companion brother."

Allah's Apostle forbade Muzabana; and Muzabana is the selling of fresh dates for dried old dates by measure, and the selling of fresh grapes for dried grapes by measure.

Yahya related to me from Malik from Abdullah ibn Abi Bakr that his grandfather, Muhammad ibn Amr ibn Hazm sold the fruit of an orchard of his called al-Afraq, for 4,000 dirhams, and he kept aside 800 dirhams' worth of dry dates.

"The Messenger of Allah (saws) prohibited making Nabidh from unripend dates and fresh dates together.

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

Raisins were steeped for the Messenger of Allah (saws) and then dried dates were infused in them, or dried dates were steeped and then raisins were infused in them.

The Messenger of Allah (saws) came to visit us and we offered him butter and dates, for he liked butter and dates.

Ibn Umar (Allah be pleased with them) reported Allah's Apostle (may peace be upon him) forbidding the sale of fruits until their good condition becomes evident and the purchase of dates for dates.

The Messenger of Allah (saws) was asked about fruit which was bung up and said: If a needy person takes some with his mouth and does not take a supply away in his garment, there is nothing on him, but he who carries any of it is to be fined twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried to have his hand cut off if their value reaches the value of a shield. If he steals a thing less in value than it, he is to be find twice the value and punished.

Abu Dawud said: Jarin means the place where dates are dried.

My father was martyred on the day (of the Ghazwa) of Uhud and left six daughters and some debts to be paid. When the time of plucking the date-fruits came, I went to Allah's Apostle and said, "O Allah's Apostle! you know that my father was martyred on Uhud's day and owed much debt, and I wish that the creditors would see you." The Prophet said, "Go and collect the various kinds of dates and place them separately in heaps"' I did accordingly and called him. On seeing him, the creditors started claiming their rights pressingly at that time. When the Prophet saw how they behaved, he went round the biggest heap for three times and sat over it and said, "Call your companions (i.e. the creditors)." Then he kept on measuring and giving them, till Allah cleared all my father's debts. By Allah, it would have pleased me that Allah would clear the debts of my father even though I had not taken a single date to my sisters. But by Allah, all the heaps were complete, (as they were) and I looked at the heap where Allah's Apostle was sitting and noticed as if not a single date had been taken thereof.

I was waiting on my uncles, serving them with an alcoholic drink prepared from dates, and I was the youngest of them. (Suddenly) it was said that alcoholic drinks had been prohibited. So they said (to me), 'Throw it away." And I threw it away The sub-narrator said: I asked Anas what their drink was (made from), He replied, "(From) ripe dates and unripe dates."

The Prophet distributed dates among us, and my share was five dates, four of which were good, and one was a ,Hashafa, and I found the Hashafa the hardest for my teeth.

Allah's Apostle forbade Muzabana; and Muzabana means the selling of fresh dates (on the trees) for dried dates by measure and also the selling of fresh grapes for dried grapes by measure.

A cloud came and it rained till the roof started leaking and in those days the roof used to be of the branches of date-palms. Iqama was pronounced and I saw Allah's Apostles prostrating in water and mud and even I saw the mark of mud on his forehead.

Yahya related to me from Malik from Muhammad ibn Abdullah ibn Abd arRahman ibn Abi Sasaca al-Ansari from al-Mazini from his father from Abu Said al-Khudri that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no zakat on less than five awsuq of dates, there is no zakat on less than five awaq of silver and there is no zakat on less than five camels."

"Zaid, Abu Ayyash asked Sa'd regarding white wheat in exchange for barley: which of them was better ? He said the white, then he forbade that. Sa'd said: 'I heard the Messenger of Allah (saws) being asked about selling dried dates for ripe dates and he said to those present: "Will the fresh dates shrink when they are dry ?" They said yes, so he forbade that.'"

Ibn Abbas reported that Allah's Messenger (may peace be upon him) forbade, the preparation of Nabidh in gourd, in varnished jar, hollow stump and from mixing up ripe dates with nearly ripe dates.

Jabir b. Abdullah (Allah be pleased with them) is reported to have said that Allah's Messenger (may peace be upon him) forbade the sale of a heap of dates the weight of which is unknown in accordance with the known weight of dates.

Zaid b. Thabit (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) granting concession in case of 'ariyya transactions and that implies selling of (dry dates for fresh dates) according to a measure.

The Prophet forbade the selling of fruits unless they get ripe, and none of them should be sold except for Dinar or Dirham (i.e. money), except the 'Araya trees (the dates of which could be sold for dates).

While we were sitting with the Prophet, fresh dates were brought to him. The Prophet said, "There is a tree among the trees which is as blessed as a Muslim" I thought that it was the date palm tree and intended to say, "It is the date-palm tree, O Allah's Apostle!" but I looked behind to see that I was the tenth and youngest of ten men present there, so I kept quiet' Then the Prophet said, "It is the datepalm tree."

At the time of Ibn Az-Zubair, we were struck with famine, and he provided us with dates for our food. `Abdullah bin `Umar used to pass by us while we were eating, and say, "Do not eat two dates together at a time, for the Prophet forbade the taking of two dates together at a time (in a gathering)." Ibn `Umar used to add, "Unless one takes the permission of one's companions."

Yahya related to me from Malik from Zayd ibn Aslam from lyad ibn Abdullah ibn Sad ibn Abi Sarh al-Amiri that he had heard Abu Said al- Khudri say, "We used to pay the zakat al-fitr with a sa of wheat, or a sa of barley, or a sa of dates, or a sa of dried sour milk, or a sa of raisins, using the sa of the Prophet, may Allah bless him and grant him peace . "

The Prophet allowed the sale of the dates of the 'Araya for ready dates by estimating the former which should be estimated as less than five Awsuq or five Awsuq. (Dawud, the sub-narrator is not sure as to the right amount.)

Yahya related to me from Malik from Ziyad ibn Sad that Ibn Shihab said, "Neither jurur, nor musran al-fara, nor adhq ibn hubayq should be taken as zakat from dates. They should be included in the assessment but not taken as zakat. "

Malik said, "This is the same as with sheep and goats, whose young are included in the assessment but are not (actually) taken as zakat. There are also certain kinds of fruit which are not taken as zakat, such as burdi dates (one of the finest kinds of dates), and similar varieties.

Neither the lowest quality (of any property) nor the highest should be taken. Rather, zakat should be taken from average quality property."

Malik said, "The position that we are agreed upon concerning fruit is that only dates and grapes are estimated while on the tree. They are estimated when their usability is clear and they are halal to sell. This is because the fruit of date-palms and vines is eaten straightaway in the form of fresh dates and grapes, and so the assessment is done by estimation to make things easier for people and to avoid causing them trouble. Their produce is estimated and then they are given a free hand in using their produce as they wish, and later they pay the zakat on it according to the estimation that was made."

Malik said, "crops which are not eaten fresh, such as grains and seeds, which are only eaten after they have been harvested, are not estimated. The owner, after he has harvested, threshed and sifted the crop, so that it is then in the form of grain or seed, has to fulfil his trust himself and deduct the zakat he owes if the amount is large enough for him to have to pay zakat. This is the position that we are all agreed upon here (in Madina)."

Malik said, "The position that we are all agreed upon here (in Madina) is that the produce of date palms is estimated while it is still on the tree, after it has ripened and become halal to sell, and the zakat on it is deducted in the form of dried dates at the time of harvest. If the fruit is damaged after it has been estimated and the damage affects all the fruit then no zakat has to be paid. If some of the fruit remains unaffected, and this fruit amounts to five awsuq or more using the sa of the Prophet, may Allah bless him and grant him peace, then zakat is deducted from it. Zakat does not have to be paid, however, on the fruit that was damaged . Grapevines are dealt with in the same way.

If a man owns various pieces of property in various places, or is a co-owner of various pieces of property in various places, none of which individually comes to a zakatable amount, but which, when added together, do come to a zakatable amount, then he adds them together and pays the zakat that is due on them ."

In the lifetime of the Prophet we used to give one Sa' of food or one Sa' of dates or one Sa' of barley or one Sa' of Raisins (dried grapes) as Sadaqat-ul-Fitr. And when Muawiya became the Caliph and the wheat was (available in abundance) he said, "I think (observe) that one Mudd (of wheat) equals two Mudds (of any of the above mentioned things).

The Prophet forbade the mixing of ripe and unripe dates and also the mixing of dates and raisins (for preparing a syrup) but the syrup of each kind of fruit should be prepared separately. ( One may have such drinks as long as it is fresh )

Allah's Apostle never proceeded (for the prayer) on the Day of `Id-ul-Fitr unless he had eaten some dates. Anas also narrated: The Prophet used to eat odd number of dates.

Zaid b. Thabit (Allah be pleased with him) reported Allah's Messenger (may peace he upon him) having given concession in case of 'ariyya for selling dry dates (with) fresh dates after measuring them out.

Zaid b. Thabit reported that Allah's Messenger (may peace be upon him) give concession in case of 'ariyya transactions according to which the members of the household give dry dates according to a measure and then eat fresh dates (in exchange for it)

Anas b. Malik is reported to have said that Allah's Messenger (may peace be upon him) had forbidden to mixture fresh dates and unripe dates and then drinking (the wine prepared out of it), and that was their common intoxicant when liquor was prohibited.

Yahya related to me from Malik from Wahb ibn Kaysan that Jabir ibn Abdullah said, "The Messenger of Allah, may Allah bless him and grant him peace, sent a delegation to the coast. Abu Ubayda ibn al- Jarrah was in command of them. There were 300 people and I was among them. We went out until we had gone part of the way and our provisions were finished. Abu Ubayda ordered that the provisions of the army be gathered up and they amounted to two containers of dates. He used to give us a little provision from it each day until it was finished, and we used to have only a single date each. I said, 'What use is one date?' He said, 'We will certainly feel its loss when they are finished.' "

Jabir continued, "Then we reached the sea and there was a fish like a small mountain. The army ate from it for eighteen nights. Then Abu Ubayda ordered two ribs from it to be set up. Then he commanded that a camel be ridden underneath them and it did not touch them."

I was a guest of Abu Huraira for seven days. Abu Huraira, his wife and his slave used to get up and remain awake for one-third of the night by turns. Each would offer the night prayer and then awaken the other. I heard Abu Huraira saying, "Allah's Apostle distributed dates among his companions and my share was seven dates, one of which was a Hashafa (a date which dried on the tree before it was fully ripe).

The Messenger of Allah (saws) prohibited Muhaqalah and Muzabanah.

[He said:] There are narrations on this topic from Ibn 'Umar, Ibn 'Abbas, Zaid bin Thabit, Sa'd, Jabir, Rafi' bin Khadij, and Abu Sa'eed.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith.

Muhaqalah is selling corps for wheat, and Muzabanah is selling dates that are on the date-palm for dried dates. This is acted upon according to the most of the people of knowledge, they disliked sales of Muhaqalah and Muzabanah.