Muwatta Malik (Yahya)

Imam Malik, may Allah have mercy on him, said: In our view, the ruling is as follows: Whoever gives advance payment (salam) for grain at a fixed price for a specified period, then when the period ends and the buyer does not find the grain with the seller and the salam is broken, the buyer should take back exactly the silver or gold or the price he had given. He should not purchase another item from the seller in exchange for it until he takes possession of his payment, because if the buyer takes something other than what he had paid and buys another item in exchange for it, then he has sold the grain before taking possession of it, and the Messenger of Allah, peace and blessings be upon him, has prohibited this.

Imam Malik, may Allah have mercy on him, said: If the buyer says to the seller, "Cancel the salam contract and I will give you time to return the price," then this is not permissible, and the people of knowledge prohibit it. Because when the term has passed and the grain is due upon the seller, and now the buyer delays in taking his right on the condition that the seller cancels the salam, then it is as if the buyer has sold his grain for a term before taking possession of it.

Imam Malik, may Allah have mercy on him, said that its example is like when the term is completed and the buyer does not wish to take the grain, so some money is fixed in exchange for that grain for a certain period; then this is not an iqalah. Iqalah is that in which there is neither increase nor decrease from the seller or the buyer. If there is any increase or decrease in it, or if any term is extended, or any benefit is fixed for the seller or the buyer, then that iqalah will be considered a sale. And iqalah, partnership, and tawliyah are valid as long as there is no increase, decrease, or term. If these things are present, then it will be considered a new sale. The reasons for which a sale is valid, these will also be valid, and the reasons for which a sale is invalid, these will also be invalid.

Imam Malik, may Allah have mercy on him, said that if a person stipulates fine wheat in a salam contract, then after the term has passed, he takes better or worse wheat than that, there is no harm in it provided that the weight is the same as was stipulated. The same ruling applies to grapes and dates.

Malik said: Likewise, whoever has advanced payment in a type of the types, there is no harm in taking something better than what he advanced payment for, or something lesser, after the due time. Its explanation is: that a man advances payment for carried wheat, there is no harm in taking barley or Syrian wheat; and if he advanced payment for ajwah dates, there is no harm in taking sayhani or jam‘ dates; and if he advanced payment for red raisins, there is no harm in taking black ones, if all of that is after the due time, provided that the measure of that is equal to the measure of what he advanced payment for.

Abdullah bin Umar, may Allah be pleased with them both, said: There is no harm if a man gives another man a loan in grain, when he describes its quality, fixes the price, and sets a specific term, as long as the salam is not in a field whose improvement is unknown, or in dates whose improvement is unknown.