Bukhari

Hadith Commentary: Hafiz (rahimahullah) states:

➊ There is consensus that if, in a salam sale, the commodity is something that is measured by volume or weight, then it is necessary to specify the known measure or known weight. And if it is something that is neither measured by volume nor by weight, then it is necessary to specify the known number.

That is, there is consensus on the matter that in a salam sale, for those items that are measured or weighed, it is necessary to fix their measure or weight, and for those items that are only related to number, it is necessary to fix their quantity.

From the aforementioned hadith, it is understood that this type of transaction was commonly practiced in Madinah.

In reality, farmers and craftsmen are in need of advance capital, and if they do not have it, they cannot do anything.

In the chain of narration, the name of Waki‘ ibn Jarrah (rahimahullah) appears.

Many ahadith are narrated from him.

He was a resident of Kufa.

According to some, his origin is from a village in Nishapur.

He heard hadith from teachers of hadith such as Hisham ibn ‘Urwah, al-Awza‘i, al-Thawri, and others.

Among his students are eminent personalities such as ‘Abdullah ibn al-Mubarak, Imam Ahmad ibn Hanbal, Yahya ibn Ma‘in, and ‘Ali ibn al-Madini.

He settled in Baghdad and established a circle for teaching hadith.

His opinion in the science of hadith was considered reliable.

‘Abdullah ibn Abi Awfa (radi Allahu anhu) is a Companion.

He participated in Hudaybiyyah, Khaybar, and all subsequent battles.

He always resided in Madinah.

Until the event of the passing of the Prophet (sallallahu alayhi wa sallam) occurred.

After that, he went to Kufa.

He passed away in Kufa in 87 AH.

He was the last Companion of the Messenger of Allah (sallallahu alayhi wa sallam) to pass away in Kufa.

Imam Sha‘bi and others narrated from him.

Imam Sha‘bi, ‘Amir ibn Shurahbil al-Kufi, is among the well-known and eminent scholars.

He was born during the caliphate of ‘Umar (radi Allahu anhu).

He narrates from many Companions.

He saw five hundred Companions (radi Allahu anhum).

He had such a God-given ability to memorize hadith that he never wrote down a single word on paper.

Whatever hadith he heard, he preserved it in his memory.

Imam al-Zuhri used to say that in the present era, only four true scholars have been seen:

That is, Ibn al-Musayyib in Madinah, Sha‘bi in Kufa, Hasan in Basra, and Mak‘hul in Sham.

He passed away at the age of 82 in 104 AH.

Rahimahullah rahmatan wasi‘ah.

Amin.

Hadith Commentary:
(1)
Hafiz Ibn Hajar rahimahullah has written that there is consensus (ijma‘) of the Ummah on the matter that in a forward sale (bay‘ salam), for those items that are measurable or weighable, it is necessary to specify the measure or weight, and for those items that are determined solely by number, it is necessary to specify the number. Furthermore, it is also necessary to mention the characteristics (awsaf) so that the item can be distinguished from others and to prevent any future dispute.
(Fath al-Bari: 4/543)
(2)
In reality, craftsmen and farmers are in need of advance capital; if such a transaction were not permissible, they would not be able to conduct their business.
(3)
It is also understood from this hadith that this type of transaction was very common in Madinah Tayyibah.
The Messenger of Allah sallallahu alayhi wa sallam reformed it and allowed it to continue.

Hadith Commentary:
From here, the chapter heading is derived.
That is, we did not inquire whether he possessed wealth or not.
It is understood from this that salam (forward sale) is permissible with any person.
Whether the subject of the contract (muslam fihi) or its origin is present with him or not, it is necessary to know at least this much: whether the one entering into the transaction has the ability to fulfill it—either by purchasing from the market at the appointed time, or by obtaining it from his own cultivation or labor, etc.
If a person is completely destitute and is still entering into a salam sale, it appears that he intends, by this deception, to usurp his Muslim brother’s money.
And nowadays, this commonly occurs.
It is mentioned in the hadith that Allah also helps the one who sincerely intends to repay, so that he is able to pay on time; but the one whose intention is to consume (the wealth), even natural assistance deserts him.
Regarding the investigation of the word “Anbat,” Allamah Shawkani states:
JAM‘U NUBAYT:
WA HUM QAWMUN MA‘RUFUN KANU YANZILUNA BIL-BATA’IH BAYNA AL-‘IRAQAYN QALAHU AL-JAWHARI, WA ASLUHUM QAWMUN MIN AL-‘ARAB DAKHALU FI AL-‘AJAM WA IKHTALATAT ANSABUHUM WA FASADAT ALSINATUHUM, WA YUQALU LAHUM:
AL-NABATU BIFATHATAYN, WA AL-NABITU BIFATHI AWWALIHI WA KASRI THANIHI WA ZIYADATI TAHTANIYYAH, WA INNAMA SUMMU BIDHALIKA LI MA‘RIFATIHIM BI INBATI AL-MA’:
AY:
ISTIKHRAJIHI LIKATHRATI MU‘ALAJATIHIM AL-FILAHATA WA QILA:
HUM NASARA AL-SHAM, WA HUM ‘ARAB DAKHALU FI AL-RUM WA NAZALU BAWADI AL-SHAM WA YADULLU ‘ALA HADHA QAWLUHU:
“MIN ANBAT AL-SHAM” WA QILA:
HUM TA’IFATAN:
TA’IFAH IKHTALATAT BIL-‘AJAM WA NAZALU AL-BATA’IH WA TA’IFAH IKHTALATAT BIL-RUM WA NAZALU AL-SHAM (Nayl al-Awtar)
That is, the word “Anbat” is the plural of “Nabit.”
These people used to reside in the stony plains of Iraq; originally, they were Arabs, but after entering the non-Arab lands (‘Ajam), their lineages and their language became mixed.
They were called “Nabat” as well as “Nabit.”
This is because this people had great expertise in the art of agriculture and were especially skilled in extracting water.
“Anbat” means extracting water.
For this reason, they were called the people of Anbat.
It is also said that they were the Christians of Syria (Sham), who were Arabs by lineage, but after entering Rome, they settled in the valleys of Syria.
The phrase in the narration, “Anbat al-Sham,” indicates this.
It is also said that they were two groups: one group, after mixing with the non-Arabs, settled in the plains of Iraq; the other, after mixing with the Romans, settled in Syria.
In any case, these people were farmers, and they used to bring stores of wheat to sell in the land of Arabia.
Especially, their commercial relationship with the Muslims of Madinah had grown to such an extent that every lawful cash and credit transaction with them had become customary, as is evident from this hadith.

Hadith Commentary:
(1)
In this hadith, "asl" (origin) refers to "the source of the thing to be delivered in the future." For example, the origin of wheat is the crop, and the origin of fruits is the trees.

The meaning is that in a salam sale (bay‘ al-salam), it should not be stipulated that the person with whom the transaction is being made must also possess the sources of the required item. For instance:

It is not necessary that those from whom eggs are being purchased must own a poultry farm, or that a wheat transaction can only be made with farmers or landowners.

It is possible that a person does not own even a single chicken or a single wheat plant, yet he can provide thousands of dozens of eggs or thousands of maunds of wheat.

(2)
An objection may arise here that there is a possibility of deception in this sale, because if the person does not possess the source, then from where will he provide the goods? This hadith provides the answer to this objection.

Benefits and Issues:
Benefit:
One should have trust regarding the person conducting a forward sale (bay‘ salam) that he is a truthful and trustworthy individual.
And it is not necessary that he is, at the time, the owner of those items.
It should be well-known that those items are obtainable in their season and at the appointed time.