The Ruling on Selling Date Fruit for Future Years and the Forward Sale (Salam)
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Question:
A questioner asks: What is the ruling on selling date fruit for the coming year or the one after that for a known price, with the payment to be made now or later, such that the care of the palm trees, including irrigation and other maintenance, is the responsibility of the buyer?
Answer:
Salam is when the value is paid in the session, in the session of the contract. The full value is paid for fruit for one year or two years. This is called the debt of Salam. This is permissible by consensus, provided the first condition is met: that the price is paid in the session. It is not permissible for the seller to leave without having received the full price. It is necessary to receive the price in the session. The item remains a debt in the liability of the buyer until the term arrives, at which point he pays it. This is the debt of Salam, and this is what the Companions were upon.Bulugh al-Maram 7:91. He (peace and blessings be upon him) said: Mishkat al-Masabih 2883, and he approved their practice in this matter. People have a need for this. Yes.
A questioner asks: What is the ruling on selling date fruit for the coming year or the one after that for a known price, with the payment to be made now or later, such that the care of the palm trees, including irrigation and other maintenance, is the responsibility of the buyer?
Answer:
Salam is when the value is paid in the session, in the session of the contract. The full value is paid for fruit for one year or two years. This is called the debt of Salam. This is permissible by consensus, provided the first condition is met: that the price is paid in the session. It is not permissible for the seller to leave without having received the full price. It is necessary to receive the price in the session. The item remains a debt in the liability of the buyer until the term arrives, at which point he pays it. This is the debt of Salam, and this is what the Companions were upon.
When the Prophet (ﷺ) came to al-Madinah, they were paying one and two years in advance for fruits.
قدم النبي صلى الله عليه وسلم المدينة وهم يسلفون في الثمار السنة والسنتينThose 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
Source
لقاء مفتوح 12-11-1433هـ — alfawzan.live (1:12:10)
The Arabic text is a machine transcription of the audio recording.
