Nasai

The specified measure refers to the quantity of grain or fruit that is being sold. The specified weight refers to the amount of gold or silver that is being given as the price, meaning that the rate should be determined and fixed. The specified period refers to the time when the payment of the grain or fruit has been agreed upon. In other words, everything should be made clear. There should be no ambiguity in any matter so that the possibility of dispute is eliminated. In this case, the sale of salam (advance payment sale) or salaf is permissible, even if it is for a period longer than one year.

Hadith Commentary:

For example, one agrees to receive grain of a specified weight in exchange for one hundred rupees exactly three months from today. Having agreed upon this, the buyer pays the one hundred rupees immediately. This is a *bay‘ salam* (forward sale), which is permissible. Now, upon completion of the specified period, the seller must deliver the grain of the agreed-upon weight to the buyer.

Hadith Commentary:
(1)
In this hadith, dates are mentioned because in Madinah Tayyibah, the transaction of salam (forward sale) used to take place specifically regarding dates. However, if the dates are still on the tree and one wishes to conduct a salam transaction for them, its conditions will be explained later. The purpose at this point is merely to state that, along with measurement and weight, specifying the time period is also necessary so that no dispute arises. If there is any dishonesty in this matter, a lawsuit can be filed and compensation can also be recovered.

(2)
There are also everyday items whose transactions are based on counting, for example:
In the buying and selling of eggs, counting will be considered.
It should be noted that in payment of the amount, some can be paid in advance and some can be paid later as per agreement.
In this regard, a bank guarantee is also useful, provided that it does not involve any element of interest.

Hadith Commentary:

Those items which are sold by measure or weight, it is necessary to fix the measure or weight when conducting a salam (advance purchase) contract.
If the measure or weight is not specified, then this salam sale will not be permissible. In short, it is essential for this sale that the weight be specified and the time period be fixed; otherwise, there is a risk of many harms.
For this reason, in this hadith, emphasis has been placed on this matter.

Hadith Commentary:
(1)
In a forward sale (bay‘ salam), the cash amount is called the capital (ra’s al-mal) and the sale is called salam. There are several conditions for it:
➊ For items that are measured, weighed, or counted, it is necessary to specify the measurement, weight, or number.
➋ The type of item to be delivered in exchange for the advance payment must be stated—whether it is wheat, barley, or dates.
➌ Its variety and characteristics must also be specified, such as which type of wheat or what kind of dates are to be delivered.
➍ The time of delivery must be fixed, whether it will be after one month or two months; that is, specifying the date is also necessary.
➎ It is also necessary to clarify at which place or location the item will be delivered.
➏ The capital (ra’s al-mal) must also be handed over in advance to the seller (muslam ilayh).

(2)
In the hadith, only one condition is mentioned: that for items sold by measure or weight, specifying the measurement or weight is necessary. If the weight or measurement is not fixed, many problems and corruptions can arise.

Hadith Commentary:
Vocabulary of the Hadith:
Salaf and Salam—both are of equal weight and meaning. The people of Hijaz use the term "Salam," while the people of Iraq use "Salaf." Since the payment is handed over at the time of the sale session, it is called "Salam," and because the payment is made in advance, it is called "Salaf." In this transaction, the price is paid in cash, and the commodity is received later.

Benefits and Issues:
There is consensus among all Muslims on the permissibility of the sale of Salam. However, according to Imam Ibn Hazm, it pertains only to items that are measured by volume or weight. For those things that are measured by length or counted, it is not permissible. According to the majority of jurists, it is permissible in every case, but with the condition that the transaction is clear in every respect, and every aspect of the commodity is specified, leaving nothing that could become a cause for dispute or disagreement—for example, the quantity, the period, the type (whether it is wheat, rice, or barley), the variety (kind), the description and quality (whether it is of superior or average quality), and the price—everything should be determined in detail.

According to the Hanafi school, there is also the condition that the commodity must be available in the market at the time of sale and remain available until the specified period. However, according to the majority, it is only necessary for the commodity to be available at the specified time; its presence at the time of sale is not a condition. Allamah Taqi Usmani has considered the position of the majority to be in accordance with the requirement and objective of Muslim (i.e., the hadith of Muslim). Takmila, vol. 1, p. 655.

Similarly, it should also be determined where the commodity will be received. If the fruit or grain is related to a specific orchard or field, then the sale of Salam can only take place after the signs of ripening have become apparent, not before.

Benefits and Issues:
Benefit:
There is a well-known jurisprudential principle in acts of worship and transactions:
That in acts of worship, the original ruling is prohibition.
Meaning, no act of worship can be performed except that for which the Shariah has granted permission.
And as for transactions (which are prevalent and ongoing among people), they are originally lawful and permissible,
except if the Shariah prohibits a particular transaction.
The sale of advance payment (bay‘ al-salam or salaf) was already a common practice among people,
which the Noble Prophet (sallallahu alayhi wa sallam) affirmed.
However, he placed this restriction that the description of the commodity, its quantity or weight, and the period must be known and specified.
Without this, the sale of salam will not be permissible.

Benefits and Issues:

➊
Receiving the price of an item in advance and delivering the item itself later at a specified time is called "Bay‘ Salam" and "Bay‘ Salaf" (forward sale).

➋
For the permissibility of this sale, it is necessary that the quantity and type of the item being sold and purchased, the time of payment and delivery of the required item, and other such matters in which there is a risk of dispute, should be determined in advance.

➌
In Bay‘ Salaf, it is not necessary for the seller to possess the item at that time; rather, it is sufficient if there is a strong likelihood that the seller will acquire the item by the promised time and will be able to hand it over to the buyer at the specified time.

➍
In Bay‘ Salaf, the price is also determined at the very beginning, when the payment is made.

Benefit:
This hadith discusses the sale of salam (advance payment sale); "salam" and "salaf" are the same thing. By this is meant a type of sale in which the price is paid in advance and the goods are received later, but at the specified time. This sale is valid according to the conditions mentioned in the hadith, and those conditions are: the item must be specified, its quantity and the time period must be known. This sale is permissible in all things, because the wording of [صحيح البخاري : 2241] is: «مـن أسـلـف فـي شيئ» (whoever pays the price in advance for anything), and the generality of this hadith includes all things.