Author: Dr. Muhammad Ziya-ur-Rahman Azmi رحمه الله
◈ Distinction Between Forward Sale (Bayʿ al-Salam) and Gharar-Based Transactions ◈
Gharar refers to any transaction involving uncertainty, ambiguity, or lack of clarity regarding the outcome, subject, or terms of the contract.
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.
The situation can be divided into two types:
In this case:
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:
This transaction is invalid, because:
✔ 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.
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
◈ 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
