to customary practice: delivery must be made in the place which custom indicates as the proper place of delivery. It is well known that if they conclude a salam contract in Mecca while both are pilgrims, the usual practice is for delivery to be made in the purchaser’s town. However, according to the madhhab, this difficulty is avoided by stipulating delivery in the purchaser’s town.
His statement, “If it is concluded on land or at sea, they must stipulate it,” means that they must stipulate the place of delivery, since delivery cannot be made on land or at sea, and no particular town has greater claim than another. Therefore, they must specify the place of delivery. For example, if a person enters into a salam contract with another, paying one hundred dirhams for one hundred saʿs of wheat, while he is travelling overland from Mecca, for instance, we say that in this case the place of delivery must be specified. Likewise, if they are aboard a ship at sea and conclude the contract there, the place of delivery must be mentioned, because delivery on land or at sea is not feasible.
The second view in this issue is that the matter is referred to customary practice. The customary practice is that delivery is made in the purchaser’s town; accordingly, there is no need to specify it, relying on what is customarily observed.
Issue: If they conclude the contract in one town and later meet in another town, and the seller delivers the salam goods to the purchaser, must the purchaser accept them or not? For example, if he enters into a salam contract with him in Madinah, then they meet in Mecca and the seller delivers the salam goods in Mecca, the purchaser is not obliged to accept them. If he accepts voluntarily, there is no problem; otherwise, he need not do so.
If the purchaser asks the seller to deliver the goods to him in Mecca and the latter refuses, can he be compelled to do so? He cannot, because delivery is required at the place where the contract was concluded. If he says, “I will deliver them to you in Mecca, but I will add the transportation cost,” then according to the madhhab, the purchaser may not agree, because the salam goods may neither be increased nor decreased. Thus, we say: without an additional charge, or else not.