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In the school of Mālik, may Allah have mercy on him, and his companions, advance-payment sales are permissible both for goods that become unavailable and for goods that remain available, provided that delivery of goods that become unavailable is stipulated for a time when they are available. If delivery is stipulated for a time when they are unavailable, the transaction is not permissible. Some scholars permit advance-payment sales only for goods that remain available from the conclusion of the contract until delivery falls due. Others permit them only for goods that are always available and never become unavailable.
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Those who permit advance-payment sales only for goods that remain available from the conclusion of the contract until its due date argue that the seller may die, whereupon his delivery obligation becomes immediately due. This might occur when the goods are unavailable, thus introducing uncertainty into the transaction. Those who permit advance-payment sales only for goods that never become unavailable, either before or after delivery falls due, argue that delivery may be delayed beyond the due date, with or without an excuse, until the season ends. The purchaser would then have his principal refunded, or delivery would be postponed until the following year—and this entails uncertainty.
None of these objections, however, is compelling. Once contracts are validly concluded and free of uncertainty, no account is taken of unintended circumstances that may subsequently arise. Were such circumstances taken into account, no contract could be valid and no sale could ever be free of objection. Indeed, an advance-payment sale of seasonal goods, with delivery stipulated during their season, has an even stronger claim to permissibility than one involving goods that are always available, although both are permissible. This is because, in an advance-payment sale of goods that are always available, the delivery obligation becomes immediately due upon the seller’s death, and his survival until the due date cannot be assured. With seasonal goods, however, the delivery obligation does not become immediately due upon the seller’s death. His estate is held until the season arrives and the purchaser receives what he is owed. Only then is the seller’s property divided among his heirs, in accordance with the words of Allah, mighty and majestic:
“After any bequest he may have made or any debt.” [al-Nisā’: 11]
Thus, this entails less uncertainty.