The Guaranteed Forward Sale with a Fixed Term
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The second question of Fatwa No. ( 437 )
Q2: If a man is in need, and he takes a sum of money from someone, on the condition that he will give him, after a specific period, a certain number of sa' of wheat or corn from the fruit, and this is before the fruit begins to ripen .
A2: If he commits to the specified sa' in his debt, this issue is considered one of the issues of salam, which is a type of sale. It is valid with its conditions, and they are seven conditions: The first: that it be in something whose description can be specified. The second: that he describe it in a way that distinguishes the price externally. The third: that he specify its quantity by measure for what is measured, by weight for what is weighed, and by length for what is measured by length. The fourth: that he stipulate a known term for the delivery of the item in the salam. The fifth: that the item in the salam be generally available in its place. The sixth: that the price be taken in possession in the session of the contract. The seventh: that it be delivered in the debt; if it is delivered in a specific item, it is not valid. The basis for the permissibility of salam is from the Qur'an, where Allah the Exalted said:[Al-Baqarah 2:282] the verse,
saidIbn 'Abbas(may Allah be pleased with them both): I testify that the salam (forward sale) guaranteed for a specific term has been made lawful by Allah the Exalted in His Book, and He has permitted it. Then he recited the verse. It was narrated bySa'id,and from the Sunnah is what was narrated byIbn 'Abbas(may Allah be pleased with them both),Bulugh al-Maram 7:91 agreed upon by al-Bukhari and Muslim. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: If a man is in need, and he takes a sum of money from someone, on the condition that he will give him, after a specific period, a certain number of sa' of wheat or corn from the fruit, and this is before the fruit begins to ripen .
A2: If he commits to the specified sa' in his debt, this issue is considered one of the issues of salam, which is a type of sale. It is valid with its conditions, and they are seven conditions: The first: that it be in something whose description can be specified. The second: that he describe it in a way that distinguishes the price externally. The third: that he specify its quantity by measure for what is measured, by weight for what is weighed, and by length for what is measured by length. The fourth: that he stipulate a known term for the delivery of the item in the salam. The fifth: that the item in the salam be generally available in its place. The sixth: that the price be taken in possession in the session of the contract. The seventh: that it be delivered in the debt; if it is delivered in a specific item, it is not valid. The basis for the permissibility of salam is from the Qur'an, where Allah the Exalted said:
O you who have believed, when you contract a debt for a specified term, write it down.
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنْتُمْ بِدَيْنٍ إِلَى أَجَلٍ مُسَمًّى فَاكْتُبُوهُsaidIbn 'Abbas(may Allah be pleased with them both): I testify that the salam (forward sale) guaranteed for a specific term has been made lawful by Allah the Exalted in His Book, and He has permitted it. Then he recited the verse. It was narrated bySa'id,and from the Sunnah is what was narrated byIbn 'Abbas(may Allah be pleased with them both),
When the Prophet (ﷺ) came to al-Madinah, they were paying one and two years in advance for fruits. So he (ﷺ) said: "Those who paid in advance for fruits must do so for a specified measurement and weight, and for a specified time."
أن النبي صلى الله عليه وسلم قدم المدينة وهم يسلفون في الثمار السنة والسنتين، فقال: من أسلف في شيء فليسلف في كيل معلوم، ووزن معلوم، إلى أجل معلوم
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.