harms may affect you personally, or they may affect others. If you are not regarded as trustworthy among people, the harm will come back upon you: it will be said, “This is a man who does not know what he is doing; that is why the court overturned the ruling he gave.” But if you are a person of standing, the harm will fall upon the court, and the judge will be accused either of deficient knowledge or of favouring one of the disputants.
Thus, there must be a term; secondly, it must be known; and thirdly, it must have an effect on the price.
For example, one enters into a salam contract with him, paying one hundred riyals for one hundred saʿs of wheat, due on the first day of Ramadan. This is a known term that affects the price, so the contract is valid. If delivery is immediate, however, salam is not valid in such a case, because an ordinary sale makes salam unnecessary. Yet Shaykh al-Islam, may Allah have mercy on him, held that immediate salam is permissible, and this is also the position of al-Shafiʿi, may Allah have mercy on him, because if it cannot be valid as salam, it becomes a sale; and whenever contracts can be validated, they must be validated.
His statement: “Except in something that he takes from him every day, such as bread, meat, and the like”—that is, except for something received little by little. For example, if he enters into a salam contract for bread or meat which the seller begins giving him the following day, there is no harm in this, because its ultimate delivery will be delayed until a time that affects the price.
Fifth: that it should normally be available at its due time and at the place of delivery, not at the time the contract is concluded. If it, or part of it, becomes unavailable, he may wait or rescind the entire contract or part of it, and take the price paid, if it remains available, or its equivalent.
His statement: “Fifth: that it should normally be available”—because it cannot be said that it will be available with certainty, since this concerns the future, and no one can pass a definitive judgment about the future.
His statement: “At its due time and at the place of delivery”—also, it is necessary that