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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Clarification of the forward sale (salam) and the difference between it and selling what one does not own

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Question:
The questioner says: Honorable Shaykh, we ask you to clarify the forward sale (salam) and the difference between it and selling what you do not own?

Answer:
The forward sale (salam) is when you pay the money in advance, and when the term arrives, the seller delivers the goods to you. For example, you pay one hundred riyals for one hundred sa' (a dry measure of about 3 kg) of wheat, with a term of one year, for instance. So, salam is paying the price in advance and delaying the delivery of the goods, which is the opposite of a regular sale. This is permissible in the Shari'ah. The Prophet (peace and blessings be upon him) arrived in Madinah and found them making forward sales in fruits for one or two years. So he said (peace and blessings be upon him)
Those who pay in advance for anything must do so for a specified measure and weight with a specified time fixed.مَنْ سلف فِي شَيْءٍ فَلْيُسْلِفْ فِي كَيْلٍ مَعْلُومٍ وَوَزْنٍ مَعْلُوم إِلَى أجل مَعْلُوم
Mishkat al-Masabih 2883
. People need this. As for selling what is not with you, this applies to specific items. It is not permissible for you to sell specific items that are not in your possession, such as saying, "I will sell you so-and-so's car," or "I will sell you so-and-so's house." It is a specific item that is not your property, and it is not permissible for you to sell it. However, if it is a described item in the debt, controlled by its description, there is no harm in you selling it, receiving the price, and then going to bring the goods according to the description. This is called selling by description. This is selling by description, not a specific item, and there is no harm in it. As for the hadith
Do not sell what is not with you.لا تبع ما ليس عندك
Sunan Ibn Majah 2187Hasan (Darussalam)
, this is regarding the sale of a specific item.
Source قناة «العلامة الدكتور صالح الفوزان»، ما هو بيع السلم؟ وما الفرق بينه وبين بيع ما لا تملك؟ للشيخ الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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