ICĀRA SECTION · 59 – A SALAM CONTRACT CANNOT BE ALTERED
3468 – From Abū Saʿīd al-Khudrī (may Allah be pleased with him), the Messenger of God (peace and blessings be upon him) said: “If someone purchases a commodity by way of salam (salaf: advance payment for deferred delivery), he should not exchange it for another commodity.” [260]
EXPLANATION
It is not permissible for someone who has paid in advance for one ton of apples to be delivered on the first of August to sell them to another person or to exchange them for something else before taking delivery. This is the opinion of Imām al-Aʿẓam (Abū Ḥanīfa). (Bazl al-Majhūd, vol. 15, p. 146)
3469 – From Abū Saʿīd al-Khudrī (may Allah be pleased with him): In the era of felicity (the Prophet’s time), a person’s fruit crop was struck by calamity. The man’s debt increased. The Messenger of God (peace and blessings be upon him) said, “Help him.” The people helped him, but this assistance was not sufficient to pay off his debt. Thereupon, the Messenger of God (peace and blessings be upon him) said to the creditors, “Take what you find (from what he has); you have the right only to what is in his possession (until he is able to pay).” [261]
EXPLANATION
Once a fruit has reached a usable state, it is sold while still on the tree. If the buyer suffers a loss due to calamity before harvesting, the loss is borne by the buyer. This is the opinion of Abū Ḥanīfa and al-Shāfiʿī. Whatever assets remain in the hands of a bankrupt person are distributed among the creditors in proportion to their claims. The remaining debt is deferred until the time when payment becomes possible.
3470 – It is narrated from Jābir ibn ʿAbd Allāh (may Allah be pleased with him) that the Messenger of God (peace and blessings be upon him) said: “If you sell dates on the tree to your brother in faith, and the dates are struck by calamity (so that you cannot deliver them), it is not lawful for you to take anything from your brother in faith. For on what basis would you take your brother’s property (money) unjustly?” [262]