Chapter: On the Descriptions Required in Salam and the Conditions for Taking Delivery
The food involved in a salam contract is to be described by the customary qualities recognized in the locality where the contract is made: its purity, color, and the character of its grain. If the produce is linked to a particular region, that region must be named. Barley is described in terms of its whiteness, cleanness, dryness, and plumpness. Olive oil is defined according to the terminology used by specialists—for example, one might say: “green, clear, pleasantly flavored, from olives that have never been kept in an underground pit,” or “freshly pressed oil, distinct from pit-stored oil, clear and free of sediment.” For every commodity sold by salam, one must supply a description that experts would find unmistakable; the unit of measurement must likewise be made explicit, and the same rule applies to olives.
A linen cloth is described by its fineness, the region to which it is attributed, its thickness, and its length. All other fabrics are dealt with in the same way: each is identified by the qualities for which it is known, and its length is stated. Cotton is described as clean and free of seed, using the language familiar to those in the trade; whenever cotton is the object of salam, it must likewise be specified in unambiguous terms. The same procedure is followed for every item of merchandise—livestock and otherwise—so that its description leaves no room for doubt.
When the due date arrives, it is permissible—if both parties agree—to take delivery from the same genus of goods that are either superior or inferior in quality to what was originally stipulated. If the buyer accepts something inferior, he shows generosity in relinquishing part of his right; and if the seller hands over something better, he shows kindness to the buyer, for “the best of people are those who repay with excellence.”
Anyone who contracts a salam for wheat may, at maturity, take whichever variety of wheat he wishes, for it is all wheat. The same applies to every other type of grain, and likewise to dates, raisins, and olive oil: there is no harm in receiving any of them