accept postponement, as in Mālik’s initial position, contrary to his statement recorded in al-Mudawwana: “Whichever of the two requests a postponement is entitled to it, unless they both agree to settle the account.” This statement explains the position Mālik ultimately adopted and should have appeared immediately after it. Had it done so, there would have been no difficulty in understanding the issue. Allah knows best, and success comes through Him.
Section
The conditions without which an advance-payment contract is invalid
An advance-payment contract has five indispensable conditions. The first is that it entail a guaranteed obligation to deliver something that may lawfully be owned and sold. (The second) is that the goods be described by specifications that precisely define them without rendering them unobtainable. (The third) is that their quantity be known: by volume for goods measured by volume, length for those measured by length, number for those counted, weight for those weighed, or an established method of estimation that serves in place of weighing. (The fourth) is that delivery be deferred until a specified date. The limits of this period are disputed, as I shall explain, Allah willing. (The fifth) is that the advance payment be handed over promptly, with no stipulated delay exceeding three days. If an advance-payment contract is concluded otherwise, it is impermissible and must be rescinded.
Section
Accordingly, advance-payment contracts paid in dinars or dirhams are permissible for merchandise, food, slaves, animals, and all other things, with four exceptions. The first is immovable property, such as houses and land. The second is anything that cannot be adequately defined by description, such as mineral-bearing earth and unmeasured bulk quantities of goods that may lawfully be sold without measurement. The third is goods rendered unobtainable by their specifications. The fourth is anything whose sale is impermissible under any circumstances, such as goldsmiths’ sweepings, wine, pigs, carrion hides, all impure substances, and comparable things involving uncertainty or unlawfulness.
Section
If an advance-payment contract is invalid, the conclusion to be drawn from the case discussed in the book—concerning someone who paid in advance for wheat under an invalid contract—is that, if its invalidity is agreed upon, or if it is disputed and the contract is rescinded by a judicial ruling, it is permissible