Ruling on Bay‘ al-Salam and the Advance Sale of Wheat
Source: Fatāwā Rashidiyyah, p. 478
❖ Question:
If the harvesting of wheat is delayed by two or three months, and before the harvest the owner takes half of the price in advance with a promise to deliver wheat later, what is the ruling of Sharī‘ah on this?
Does this practice contradict the saying of the Prophet ﷺ:
((لَا تَبِعْ مَا لَيْسَ عِنْدَكَ))
“Do not sell what is not in your possession”?
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ‘alā Rasūlillāh, ammā ba‘d!
This case falls under the category of Bay‘ al-Salam (also known as Bay‘ al-Salaf in the language of the people of Hijāz).
For this contract to be valid, certain conditions must be fulfilled:
◈ The commodity being sold must be clearly specified.
◈ The time of delivery must be fixed.
◈ The price and weight/measure must be determined.
◈ The full price must be paid in cash at the time of contract.
All of these conditions are established from authentic Ahadith.
✿ Evidence from Hadith
- Sayyiduna Ibn ‘Abbās (RA) narrated:
When the Prophet ﷺ came to Madinah, the people used to practice Salam in fruits for one, two, or three years.
He ﷺ said:
((فَلْيُسْلِفْ فِي كَيْلٍ مَعْلُومٍ وَوَزْنٍ مَعْلُومٍ إِلَى أَجَلٍ مَعْلُومٍ))
“When you enter into Salam, specify the measure, the weight, and the fixed time.”
(Muttafaqun ‘alayh, Bulūgh al-Marām)
- The Companions (RA) said:
((إِنَّا كُنَّا نُسْلِفُ عَلَى عَهْدِ رَسُولِ اللَّهِ ﷺ وَأَبِي بَكْرٍ وَعُمَرَ فِي الْحِنْطَةِ وَالشَّعِيرِ وَالتَّمْرِ وَالزَّبِيبِ))
“We used to practice Salam in wheat, barley, dates, and raisins during the time of the Messenger of Allah ﷺ, Abū Bakr, and ‘Umar (RA).”
(Abū Dāwūd, Kitāb al-Buyū‘, Bāb fī al-Salaf, Hadith 3463)
In another narration, they clarified:
“We did not see these goods in the possession of the sellers when we paid them.”
✿ Practice in Early Islam
These evidences show that:
- The needy used to take advance payment from the wealthy.
- The wealthy traders and merchants used to contract Salam with farmers and landowners.
- Salam was a common practice during the time of the Prophet ﷺ and the Khulafā’ al-Rāshidīn.
✿ Addressing Some Objections
Some scholars mentioned that Salam is not allowed if the buyer is forced or compelled into the deal. This is partly correct, because in our societies:
- Poor farmers in dire need of money are often forced into Salam contracts.
- Buyers exploit their need, compelling them to sell at prices much lower than the market rate.
This practice is oppression and injustice, and therefore impermissible.
✿ Correct Form of Salam
◈ If there is no exploitation of the seller’s need and the agreed conditions are met, Salam is valid.
◈ The price must be paid in full at the time of the contract.
As for the hadith “Do not sell what is not in your possession”, it applies to ordinary sales of unspecified items.
- In Salam, the sale is for a defined commodity (wheat, barley, dates, etc.), with fixed quantity and delivery time.
- The seller is not required to deliver from his own field only; he may obtain the commodity from elsewhere.
- Hence, Salam does not contradict the hadith.
However, if grain is physically present in storage and is sold merely by pointing at it without weighing or measuring, that is invalid.
Conclusion:
- Salam in wheat or similar commodities is permissible if the proper Shar‘i conditions are fulfilled.
- It becomes harām and unjust if it involves exploitation of the seller’s need or unfair pricing.
- The hadith “Do not sell what you do not possess” does not negate Salam, since Salam is an exception established by explicit Sunnah.
