ICĀRA SECTION · 58 – THAT IN SALAM, THE FRUIT MUST BE FROM THE VERY SAME (CROP)
3467 – From Ibn ʿUmar (may Allah be pleased with him): A man made a salam contract (salaf: advance payment for future delivery) with another concerning the fruit of a date orchard. However, that year the orchard’s trees bore no dates at all. Thereupon, the matter was brought to the Prophet (the Messenger of God, peace and blessings be upon him). The Messenger of God (peace and blessings be upon him) said to the owner of the dates: “(Since you are unable to deliver the dates,) for what reason do you consider his money lawful for yourself? Return his money to him.” Then he continued: “Do not conduct salam transactions (by paying in advance) for dates until their yield has become apparent and certain.”
EXPLANATION
Abū Ḥanīfa, based on this hadith, holds that in order for a salam transaction to be valid, the commodity for which salam is made must continue to exist from the time of the contract until the appointed term. Salam cannot be made for goods that customarily cease to exist before the delivery date.