Author: Dr. Muhammad Ziya-ur-Rahman Azmi رحمه الله
◈ Advance Payment in Exchange for Goods to Be Delivered at a Specified Time ◈
Bayʿ al-Salam (or Bayʿ al-Salaf) is a legitimate form of sale in Islam in which the price is paid in full at the time of contract, and the goods are delivered later at a specified time. It serves as a helpful arrangement especially when the seller is in need of immediate funds while committing to deliver specified goods in the future.
If a person is in need and takes an advance payment from someone with the promise to deliver a certain amount of wheat, corn, etc., at a fixed time before the crop is harvested, and he obligates himself to provide it — this transaction falls under Bayʿ al-Salam.
To ensure the validity of this transaction, the following Sharʿi conditions must be met:
① The goods must be such that their characteristics can be precisely defined.
② Details that affect the price must be thoroughly clarified.
③ Method of measurement must be specified according to the nature of the goods.
④ A fixed delivery date must be agreed upon.
⑤ The item must be commonly available at the time and place of delivery.
⑥ The entire price must be paid in full at the time of the contract (Majlis al-ʿAqd).
⑦ The item being sold must not be specifically present at the time of contract.
Allah ﷻ says:
"يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنتُم بِدَيْنٍ إِلَىٰ أَجَلٍ مُسَمًّى فَاكْتُبُوهُ"
[Surah al-Baqarah: 282]
"O you who have believed, when you contract a debt for a fixed term, write it down."
According to ʿAbdullah ibn ʿAbbās (رضي الله عنهما):
“I bear witness that Allah has made Bayʿ al-Salam lawful in His Book and permitted it.”
He then recited the above verse.
Ibn ʿAbbās (رضي الله عنه) narrated:
“When the Prophet ﷺ arrived in Madinah, he found its people engaging in Bayʿ al-Salam in fruits for one or two years. He said: ‘Whoever does a Salam sale must do so with clearly known measure, weight, and for a fixed term.’”
Sunan al-Tirmidhī, Ḥadīth 1311
Al-Lajnah al-Dāʾimah: Fatwā No. 437
◈ Advance Payment in Exchange for Goods to Be Delivered at a Specified Time ◈
Bayʿ al-Salam (or Bayʿ al-Salaf) is a legitimate form of sale in Islam in which the price is paid in full at the time of contract, and the goods are delivered later at a specified time. It serves as a helpful arrangement especially when the seller is in need of immediate funds while committing to deliver specified goods in the future.
❖ Definition:
If a person is in need and takes an advance payment from someone with the promise to deliver a certain amount of wheat, corn, etc., at a fixed time before the crop is harvested, and he obligates himself to provide it — this transaction falls under Bayʿ al-Salam.
❖ Conditions for a Valid Bayʿ al-Salam:
To ensure the validity of this transaction, the following Sharʿi conditions must be met:
① The goods must be such that their characteristics can be precisely defined.
- The item must be clearly specified in type, quality, and description.
② Details that affect the price must be thoroughly clarified.
- Include specifics like type, variety, quantity, region, age, freshness, and grade (high or low quality).
③ Method of measurement must be specified according to the nature of the goods.
- If it is something measured by volume, mention the volume.
- If by weight, mention the weight.
- If by length, mention the length.
④ A fixed delivery date must be agreed upon.
- The seller must commit to delivering on the specified deadline.
⑤ The item must be commonly available at the time and place of delivery.
- It should be a generally available commodity in the local market or season.
⑥ The entire price must be paid in full at the time of the contract (Majlis al-ʿAqd).
- Deferred or partial payment invalidates the contract.
⑦ The item being sold must not be specifically present at the time of contract.
- It must be something the seller is obligated to provide in the future.
- If it is a specific present item, the sale does not qualify as Bayʿ al-Salam.
❖ Qur’anic Evidence:
Allah ﷻ says:
"يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنتُم بِدَيْنٍ إِلَىٰ أَجَلٍ مُسَمًّى فَاكْتُبُوهُ"
[Surah al-Baqarah: 282]
"O you who have believed, when you contract a debt for a fixed term, write it down."
According to ʿAbdullah ibn ʿAbbās (رضي الله عنهما):
“I bear witness that Allah has made Bayʿ al-Salam lawful in His Book and permitted it.”
He then recited the above verse.
❖ Hadith Evidence:
Ibn ʿAbbās (رضي الله عنه) narrated:
“When the Prophet ﷺ arrived in Madinah, he found its people engaging in Bayʿ al-Salam in fruits for one or two years. He said: ‘Whoever does a Salam sale must do so with clearly known measure, weight, and for a fixed term.’”
Sunan al-Tirmidhī, Ḥadīth 1311 Al-Lajnah al-Dāʾimah: Fatwā No. 437