to mention kohl-lined eyes, corpulence, and the like, according to the sounder opinion.
With camels, horses, mules, and donkeys one must state the sex, age, color, and breed. With birds, it suffices to name the species and say whether it is small or large of body. With meat one specifies whether it is beef, mutton, or goat, and whether the animal was male, castrated, suckling, stall-fed, or the opposite, as well as the cut—thigh, shoulder, or flank; the presence of bone is accepted in accordance with local custom.
For textiles one must specify the class of fabric, its length and width, thickness and fineness, density and lightness, softness and roughness; an unqualified stipulation is understood to refer to undyed, unfinished cloth. Salam is permissible for bleached cloth (maqṣūr) and for fabrics whose yarn was dyed before weaving, such as striped robes (burūd); and, according to the more correct view, it is likewise valid for cloth dyed after weaving.
I say: the sounder opinion is that it is invalid, and this is the position decisively adopted by the majority—Allah knows best.
With dates one must mention their color, variety, locality, the smallness or largeness of the fruits, and whether they are old or freshly harvested. With wheat and the other grains the same rules apply. For honey one states whether it is mountain or village honey, summer or autumn, white or yellow; age and newness need not be mentioned.
Salam is invalid for cooked or roasted items; exposure to the sun does no harm. The predominant view also forbids it with respect to animal heads. It is likewise invalid for heterogeneous objects such as a fashioned cooking-pot, tanned leather, a jug, a tray, a flask, a lamp-stand, a cauldron, and the like, while it is valid for square basins and for items cast in a mould.
Mentioning good or poor quality is, on the sounder view, not a condition; an unqualified term is construed as denoting good quality. It is a condition—on the sounder opinion—that both contracting parties, and outsiders as well, be able to recognize the commodity and its attributes.
Section
It is not permissible to substitute, for the commodity sold on salam, something that differs in genus or in type. Some say substitution within the same type is allowed but not obligatory. Delivery of an inferior quality is permissible, though the buyer is not bound to accept it; delivery of a superior quality is also permissible, and on the stronger view the buyer must accept it.
If the seller produces the commodity before its due date and the buyer refuses to take it for a legitimate reason—such as its being a live animal or because the area is unsafe—he is not compelled to accept it. Otherwise, if the seller has a valid interest, as in redeeming collateral, he may compel acceptance; the same holds, on the preponderant view, even when his sole aim is to clear himself of liability.
Should the buyer find the seller, after the due date, in a place other than the agreed place of delivery, the seller is not obliged to deliver if transporting the goods would entail expense.