The answer is: No, he is not required to accept them, because they are not of the same type. Here, the difference is not one of quality but of the commodity itself, since he has brought a different type; thus, he is not required to accept it. If he brings something of a different genus—for example, if the salam contract was for wheat and he brings dates—then this is not permissible.

Thus, there are three cases:

The first: If he brings something better of the same type, the purchaser must accept it.

The second: If he brings something better of the same genus, the purchaser is not required to accept it, though he may do so.

The third: If he brings something of a different genus, it is prohibited to accept it.

Examples:

The first: He entered into a salam contract for Sukkari dates, and the seller brings better-quality Sukkari dates. He must accept them.

The second: He entered into a salam contract for Sukkari dates, and the seller brings Barhi dates. He is not required to accept them, but he may do so.

The third: He entered into a salam contract for Sukkari dates, and the seller brings wheat. It is not permissible to accept it, even if he is pleased with it. The reason, they said, is that if he takes from him a substitute of a different genus, this becomes a sale; and selling the commodity due under a salam contract before taking possession of it is invalid. This is according to the established position of the school, as will follow.

As for the first case, we hold that he is not required to accept it if the seller brings something better of the same type, because this may lead to the seller reminding him of the favour in the future. He may say: “I do not wish to bear the burden of accepting something good in place of something inferior, because I know this man. Tomorrow he will disgrace me in gatherings, saying: ‘I...”