a salam sale after taking delivery, where an immediate additional payment is made by the salam seller or the owner after receiving the original payment and going away with it. This differs from Ashhab’s position, which treats the two cases alike. Alternatively, he may mean that hiring a specified animal differs from purchasing specified goods: rescission with an additional payment from the owner, after he has gone away with the hire charge, is impermissible whether that additional payment is immediate or deferred, whereas rescission of a sale of specified goods after the seller has gone away with the price is permissible with either an immediate or a deferred additional payment. This follows the position that treats hiring a specified animal in the same way as guaranteed transport. He may also mean that guaranteed transport owed as a liability differs from the sale of specified goods: someone who undertakes to provide guaranteed transport may not seek release after receiving payment by offering an additional payment, whether immediate or deferred, unless enough of the journey has been completed to dispel suspicion concerning the two parties. In that case, an immediate additional payment is permissible. Someone who sells goods, however, may seek release after going away with the price by offering either a deferred or an immediate additional payment.
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Hiring a specified animal falls into two categories: first, where the hire charge is deferred by stipulation, custom, or legal ruling; and second, where it is payable immediately by stipulation or custom. The first category, where the hire charge is deferred, is itself divided into two cases: first, where the hirer seeks release with an additional payment; and second, where the owner seeks release with an additional payment. Each of these two cases comprises six situations, as we explained concerning guaranteed transport.
Section
If the hirer seeks release with an additional payment consisting of goods, this is permissible if the goods are delivered immediately, but not if their delivery is deferred. If the additional payment is in gold and the hire charge is also in gold, it is permissible only if the additional payment falls due when the hire charge falls due, by way of exchange. It may not be paid immediately, because that would involve “reducing a debt in return for early payment,” nor may it be deferred to any date other than