7. The price must be fully paid and determined in the contract session before the parties separate.
27 November 2025 • 420 views
8. The subject of Salam must be something that is commonly available at the time of the due date. If it is unlikely to be available—such as fresh dates in winter—it is not permissible, as this involves uncertainty (gharar).
NOTE: The absence or nonexistence of the commodity at the time of contracting a Salam sale does not affect the validity of the transaction. This is because a Salam sale is not a sale of a specific item (such as a particular car), but rather a sale of a car that meets the specifications agreed upon between the buyer and the seller. Once the seller delivers a car that fulfills these agreed-upon specifications, he has fulfilled his obligation and honoured the contract. For this reason, scholars have not stipulated that the commodity must be in the seller's possession at the time of the sale in order for a Salam sale to be permissible. Instead, they have required that it is likely, based on reasonable expectation, that the commodity will be available at the time of delivery.
NOTE: Salam is not allowed in Ribawi items which require hand to hand exchange:
قال ابن قدامة في المغني: وكل مالين حرم النسأ فيهما لا يجوز إسلام أحدهما في الآخر؛ لأن السلم من شرطه النسأ.
BENEFIT: If the seller is fails to deliver the goods on time, this is considered a breach of the contract. As a result:
1. The buyer can request a refund of the advance payment made, and the contract is annulled.
2. The buyer and seller may mutually agree on a new delivery date or renegotiate the terms.
3. If the exact item cannot be delivered, the seller may offer an equivalent item of the same quality, quantity, and description, provided the buyer agrees.
NOTE: Imposing a monetary penalty for late delivery is not permissible, as it constitutes Riba. Likewise, renegotiating for a Higher Price or modifying the original terms in a way that benefits one party disproportionately is also not allowed.
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Source: T.me/masjidsahabah
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