◈ Distinction Between Forward Sale (Bayʿ al-Salam) and Gharar-Based Transactions ◈
❖ Definition of Gharar (غرر):
Gharar refers to any transaction involving uncertainty, ambiguity, or lack of clarity regarding the outcome, subject, or terms of the contract.
❖ The Question:
Some farm owners, for example, purchase 50 small date palm plants for 50,000, but do not specify their type or size. However, they impose a condition that no sale shall occur until they have received their 50 plants.
❖ Sharʿi Ruling and Classification:
The situation can be divided into two types:
In this case:
- The plants are not present at the time of sale,
- But are described and the seller becomes obligated to deliver them,
- The price is paid in advance.
This falls under Bayʿ al-Salam and is permissible provided the following conditions are met:
✔ Clear specification of the type, quantity, and size of the plants.
✔ Fixed and known delivery date.
✔ Full advance payment.
This is in accordance with the hadith of the Prophet ﷺ:
“Whoever engages in a Salam sale should do so with known measure, known weight, and a specified term.”
Sunan al-Tirmidhī, Ḥadīth 1311
Example:
“I purchase 100 seedlings of Sukkarī variety date palms for such-and-such amount to be delivered at a fixed time.”
In this situation:
- The plants are present,
- But not specifically identified or described,
- The buyer says: “I purchase a plant from this row.”
This transaction is invalid, because:
- It involves ambiguity and uncertainty,
- The plants are unspecified, and merely describing the group is insufficient.
✔ The buyer must specify exact plants, for example:
“I purchase these ten seedlings,”
and they must be visibly designated.
Otherwise, the transaction falls under Bayʿ al-Gharar, which is prohibited.
❖ Supporting Hadith:
From Abū Hurayrah (رضي الله عنه):
“The Prophet ﷺ forbade sales that involve deception (gharar).”
Ṣaḥīḥ Muslim 1513/4
Ibn ʿUthaymīn – Liqāʾ al-Bāb al-Maftūḥ 12/16
