Section Six: Selling Ribāwi (Usurious) Fresh Dates for Fresh Dates and Dried Dates of the Same Kind.


The First Topic: Selling Ribāwi Fresh Dates for Fresh Dates of the Same Kind
It is permissible to sell Ribāwi (Usurious) fresh dates for fresh dates of the same kind if they are equal in measure. This is the opinion of the majority, including the Ḥanafīs [273] -"Al-Hidāyah" by Al-Marghīnānī (3/64); "Al-Bināyah" by Al-'Aynī (8/286); "Al-Baḥr al-Rāʾiq" by Ibn Nujaym (6/144). , Mālikīs [274] - "Al-Kāfī "by Ibn ʿAbd al-Barr (2/651); "Mawāhib al-Jalīl" by al-Ḥaṭṭāb (6/215); "Minḥ al-Jalīl" by ʿUlaysh (5/19). , Ḥanbalīs [275] - "Al-Inṣāf by al-Mardāwī" (5/25); "Maṭālib Uwlī al-Nuhā" by al-Ruḥaybānī (3/162). , and al-Muzanī from the Shāfiʿī [276] -"Rawḍat al-Ṭālibīn" by al-Nawawī (3/389) school. This is because,
 although there may be some disparity, it is a minor reduction, which is overlooked due to its insignificance [277] - See: "Fatḥ al-Bārī "by Ibn Ḥajar (4/403). .
The  Second Topic: Selling Ribāwi (usurious) Fresh Dates for Dried Dates of the Same Kind
It is not permissible to sell Ribāwi fresh dates for dried dates of the same kind [278] - Like the sale of fresh dates in exchange for dried dates, fresh grapes for raisins, and fresh wheat for dry wheat. . This is the opinion of the majority: Mālikīs [279] - "Al-Tāj wa al-Ikhlīl" by al-Mawwāq (4/359); "Minḥ al-Jalīl" by ʿUlaysh (5/22). , Shāfiʿīs [280] -"Fatḥ al-ʿAzīz "by al-Rāfiʿī (8/178, 179); "Rawdat al-Ṭālibīn" by al-Nawawī (3/389). , and Ḥanbalīs [281] -"Kashshāf al-Qināʿ "by al-Buhūtī (3/256); See: al-Mughnī by Ibn Qudāmah (4/12). , as well as the opinions of Abū Yūsuf and Muḥammad from the Ḥanafīs [282] - "Al-Mabsūṭ" by al-Sarakhsī (12/358); "Al-Bināyah" by al-'Aynī (8/286); "Al-Baḥr al-Rāʾiq by Ibn Nujaym (6/144). , and it is the saying (opinion or view) of the most Jurisprudent (Scholars) [283] - Ibn ʿAbd al-Barr said: "As for the sale of fresh dates for dried dates, the scholars have differed regarding this; most of them do not permit the sale of fresh dates for dried dates under any circumstances, as it falls under the category of muzabanah, which is prohibited. This means that any fresh fruit exchanged for dried fruit of the same kind."  (Al-Istithkār) (6/330). ,  And a group of the Salaf   [284] - Ibn Qudāmah said: "And so said Saʿd ibn Abī Waqqāṣ, Saʿīd ibn al-Musayyib, al-Layth, Mālik, al-Shāfiʿī, Isḥāq, Abū Yūsuf, and Muḥammad." (Al-Mughnī) (4/12).   with consensus reported on this matter [285] - Al-Nawawī said: "The scholars have unanimously agreed on the prohibition of selling fresh dates for dried dates outside of the ʿarāyā (special circumstances), and that it is considered riba (usury). They also unanimously agree on the prohibition of selling grapes for raisins." (Sharḥ Ṣaḥīḥ Muslim) (10/188) .
Firstly: From the Sunnah
It is narrated from ʿAbdullāh ibn Yazīd  رضي الله عنهnarrated that Zayd Abū ʿAyyāsh  رضي الله عنه informed him that he asked Saʿd ibn Abī Waqqāṣ  رضي الله عنهabout exchanging al-Bayḍāʾ [286] - "Al-Bayḍāʾ البيضاء " refers to a type of flour, and "al-sult السلت" is a grain smaller in size than wheat, though not wheat itself. Some have said that "al-Bayḍāʾ" is a type of wheat that is white in color and has a soft texture. Others say that "al-Bayḍāʾ" is the moist form of "al-sult," which seems more fitting for the ḥadīth because it compares its form to fresh dates and ripe dates. According to this interpretation, the sale here would be of a fresh type from one category for a dried type from the same category. If there remains in "al-Bayḍāʾ" enough moisture or freshness that would impact the measure upon drying, then such a sale would not be valid. However, if they are two different types, there is no harm in selling fresh for old or mature dates, or exchanging old and new grains among themselves. (Commentary of the translator). (a type of wheat,البيضاء ) for al-sult (another type of grain, السلت). Saʿd replied, “Which one is better?” He said, “Al-Bayḍāʾ.” Then Saʿd prohibited him from that and said, “I heard the Messenger of Allāh صلى الله عليه وسلم being asked about purchasing dates in exchange for fresh dates, and the Messenger of Almighty Allāh صلى الله عليه وسلم said, ‘Does fresh fruit diminish in weight when it dries?’ They said, ‘Yes. ” So the messenger of Allah صلى الله عليه وسلم    Prohibited that.'' [287] - Narrated by Abū Dāwūd (3359) with this wording, and by al-Tirmidhī (1225), Ibn Mājah (2264), and Aḥmad (1544). Al-Tirmidhī said: It is حسن صحيح (good and authentic), and Ibn Ḥibbān verified it in his Ṣaḥīḥ (4997), Ibn al-Mulaqqin in al-Badr al-Munīr (6/477), and al-Albānī in Ṣaḥīḥ Sunan Abī Dāwūd (3359), and al-Wādīʿī in al-Ṣaḥīḥ al-Musnad (382). Al-Ṣanʿānī stated in Subul al-Salām (3/68): It was authenticated through the narration of Mālik, and the chain of transmission was confirmed by Aḥmad Shākir in the verification of Musnad Aḥmad (3/73), and Shuʿayb al-Arnāʾūṭ in the verification of Sharḥ Mushkil al-Āthār (6163). .
Reasoning:
In his statement, "Does fresh dates decrease when they dry?... Therefore, he forbade it," there is a clear prohibition against selling dates with fresh dates due to the lack of equivalence, as fresh dates decrease when they dry. This indicates that all fresh dates are prohibited from being sold for their dried counterparts [288] -See: "Al-Kāfī" by Ibn Qudāmah (2/37), "Al-Mughnī "by Ibn Qudāmah (4/13). .
Secondly: Because it is a type where Usury (Ribā) occurs, selling some of it for others in a way that one is uniquely inferior is not allowed, similar to selling fried items for fresh ones [289] - See: "Al-Mughnī" by Ibn Qudāmah (4/13). .
Thirdly: Because one is certainly greater than the other due to its softness, it contains more parts than the other in a way that cannot be separated or distinguished, making it impossible to offer equivalent fresh dates in exchange for those parts [290] - See: "Ḥāshiyat al-Rawḍ al-Murabbaʿ "(4/506) .