Continuation of the Explanation of the Introduction. (Chapters on Salam, Loans, and Pledges.)

The Shaykh : Salam in the language: It appears to me that it is a verbal noun derived from taslim, a verbal noun of taslim, and it is said: salama, tasliman, and salaman. It is also possible that it is a passive participle meaning "that which is delivered," and in another language it is called al-salf, which is the language of the Iraqis, and it is derived from aslafa, meaning "to advance." Both mean advancing: "It is the advancement of the consideration and the deferral of the consideration exchanged". Advancing the consideration and deferring the consideration exchanged. This is salam in the language: you advance the consideration and defer the consideration exchanged. What is the consideration and the consideration exchanged?
I wanted to buy one hundred sa' of wheat, so I went to a farmer and said: "Sell me one hundred sa' of wheat." He said: "I do not have wheat now. Wait until the time of harvest." I said: "Okay, I will wait." He said: "Give me dirhams, as I am in need now." So I gave him dirhams and wrote a contract between us. This is called salam. What was advanced in it?
The student: The price.

The Shaykh : The price or the consideration, and the consideration exchanged, which is the priced item, was deferred. The jurists said: "It is a contract for a described item in the debt, deferred, with a price received in the session of the contract". The definition is a bit long, but it is comprehensive. "A contract for a described item in the debt, deferred, with a price received in the session of the contract". Ah, it is a bit long, but if you memorize it, you will master it.
The student: Repeat it.

The Shaykh : It is a contract for a described item in the debt, deferred, with a price received in the session of the contract. Yes, who memorized it? Khalid!
The student: A contract for a described item.

The Shaykh : Incorrect.
The student: It is a contract for a described item in the debt, deferred, with a known price until the session of the contract.

The Shaykh : Incorrect.
The student: With a price received until the session of the contract.

The Shaykh : With a price received until the session of the contract. When does the session of the contract come?
The student: In the session of the contract.

The Shaykh : In the session of the contract. Okay.
The student: A contract for a described item in the debt, deferred, with a price received in the session of the contract.

The Shaykh : Okay, this is salam. So their saying: "A contract for a described item in the debt":
First: "For a described item": This means it is not valid for a specific item. That is, it is not possible to make salam on a specific item. For example, if I give you dirhams for this known car of yours, that is not valid. And their saying: "For a described item in the debt": This means it is also not valid for a specific described item, because a described item may be in the debt or it may be specific. A specific described item is if I say: "I sold you my car in my garage, its description is such and such, its model is 75, is it 75 or 85?"
85. Okay, and I mention its type. What do we call this? A specific described item, because I did not point to it and say "this," but I specified it by what?
By the description, and it is known because it is in the garage.
"For a described item in the debt": This is if I say "my car, its description is such and such," not specific, but a described item in the debt. The difference between them is not a place for elaboration here, but the discussion of a described item in the debt excludes two things, which are:
The specific item pointed to, and the specific described item.
Okay: "Deferred": There must be deferral, as will come in the hadith.
"With a price received in the session of the contract": Because salam or advancing is not realized except by advancement, and because this is the wisdom of the permissibility of salam, as will come, if Allah wills. As for the loan, the loan is: "The transfer of ownership of wealth to one who benefits from it and returns its equivalent". It is derived from qat' (cutting), because the lender cuts off a portion of his wealth for the borrower to benefit from. It is called al-salf by people. It is called al-salf. So this is the loan. What is its definition?
"The transfer of ownership of wealth to one who benefits from it and returns its equivalent". This is the principle. And it will come, if Allah wills, that the motive for the loan is seeking the Face of Allah, and for this reason, riba is not permissible in it.
As for the pledge: The pledge is: "Securing a debt with an item from which it or part of it, or part of the item, can be recovered". This is a bit long. Securing a debt with an item, from which it or part of it, or part of the item, can be recovered. Is it clear? It is derived from rahn, meaning detention. Allah the Exalted said: meaning: detained, held back.
Okay, we say: Securing a debt with an item: The principle is the debt, and the pledge is the item.
From which it can be recovered: That is, the debt.
Or part of it: If the debt is more than the value of the item.
From it: If the item covers the debt.
Or from part of it: If the item is more than the debt. Is it clear?
Okay, we said about the loan: "It is the transfer of ownership of wealth to one who benefits from it and returns its equivalent". So our saying: "Transfer of ownership of wealth": This excludes hire and borrowing, and includes sale, because there is transfer of ownership in it. And it includes gift, because there is transfer of ownership in it. But sale and riba will be excluded.
"To one who benefits from it and returns its equivalent": In sale, the matter is not like that. Sale is transfer of ownership for a consideration that one takes and it ends. But in this, one must return its equivalent. This excludes borrowing, because it is not a transfer of ownership, and also one must return it in its specific form.
Okay, what is the ruling of these three things?
Their ruling is like the rest of transactions, which is permissibility. "Because the principle in transactions is permissibility until evidence comes to prohibit". Therefore, if anyone tells you: "This transaction is forbidden," say to him: "Bring the evidence." Say to him: "Where is the evidence?"
If he brings evidence and it indicates what he said, it is obligatory for us to accept it and act upon it by ceasing from the sale or the transaction. And if he does not bring it, the principle is permissibility. Because Allah Mighty and Majestic intended to make things easy for the servants. For this reason, I ask for transactions with tranquility. If the principle in transactions were prohibition, it would be a restriction on creation. How is that?
Every person would have to know that the Shari'ah indicates the permissibility of a transaction before doing it. And this is difficult for people, especially the common people in their markets and trades. So the principle is that I deal as I wish. The principle is that I deal as I wish until evidence comes to prohibit.
Yes, okay. So we say: The principle in salam, loans, and pledges is permissibility.
Some people said: That salam is contrary to qiyas (analogical reasoning). How is it contrary to qiyas? They said: Yes, because salam is the sale of a non-existent thing, and qiyas is that the sale of a non-existent thing, oh Yusuf, ah, what is the principle? That the sale of a non-existent thing is not permissible and is not valid. The non-existent thing is nothing until a contract is made on it. So if the Sunnah comes with the permissibility of salam, is this contrary to qiyas?!
So first: We must look at this statement to see if it is sound or broken?
Yes, is it sound or broken?
This is broken in a way that cannot be mended. Why?
Because the Sunnah is a principle in itself. So it is not possible for evidence to come from the Book and the Sunnah and then we say: It is contrary to qiyas or contrary to the principle. Who establishes the principles? Allah and His Messenger. So if the Sunnah comes with evidence indicating that this is permissible or this is forbidden, it is not permissible for us, by Allah, to say: This is contrary to the principle. Rather, we say: This is in accordance with the principle, because the Book and the Sunnah are the principle. So this statement is false from its origin. And it is not possible to say about something established by the Book and the Sunnah that it is contrary to the principle.
The strange thing is that some people said: That marriage is contrary to the principle. This means all our marriages are contrary to the principle. Why? He said: Because it is a contract for an unknown benefit. You do not know when the woman will die or when you will die. And you are contracting with her until when? Until when?
The student: Until forever.

The Shaykh : Until death, not until forever, not until the Day of Resurrection. The important thing is until death. Death, you do not know when you will die. You may die on the first day you marry or the second day, and she may die on the first day or the second day. So this is contrary to the principle and contrary to qiyas.
I say: This word is false from its origin. How do we falsify it? By saying: What is established by the Shari'ah evidence is a principle in itself. The Book and the Sunnah are the principle of principles.
Okay, let us return a second time to investigate if it is true that this is contrary to the principle that they established?
Answer: No, it is not valid, because a salam contract is for a described item in the debtor's possession, and it is forbidden by the Shari'ah to contract for a specific item that does not exist. If one were to contract for a specific item that does not exist, would it be valid? How can he specify it if it does not exist? For example, if he says, "I have sold to you what this sheep carries," this is valid because it is specific. Or, according to the opinion of many scholars, if he says, "I have sold to you what your orchard carries," is this permissible or not?
The student: No.

The Shaykh : Why?
The student: Because it is specific.

The Shaykh : Because it is specific, and this implies the sale of a non-existent item. Since the Messenger of Allah (peace and blessings be upon him) forbade the sale of fruits before their ripeness becomes apparent, his prohibition of selling them before they are created is all the more applicable.
In any case, we say: This is a contract for a described item in the debtor's possession, tied to the debtor's obligation, with no connection to the object of the contract. The object of the contract now, meaning, is not considered; what is considered is the debtor's obligation. For this reason, if the date palms, for example, or if I, the one to whom the sale is made, do not bear fruit, the matter remains in my obligation; the item sold remains in my obligation.
So it is in accordance with the original principle, because it did not contradict the principles, and it contains a general benefit for the Muslims, so it was in accordance with the original principle.
And this point is something a student of knowledge should understand. He sees in the words of the scholars, in the words of some of the scholars, things that pass by him, and he says: "This is contrary to the principles, this is contrary to analogical reasoning," even though they are established in the Book and the Sunnah. We say: This is a false statement. There is nothing in the Qur'an and the Sunnah that is contrary to the original principle. Then we say: The salam is in accordance with the original principle because of the great benefits in it: the benefit of the one who makes the forward sale, the one to whom the sale is made, and the object of the contract. Is it specific or not specific?
The student: Not specific.

The Shaykh : Not specific, so the ruling on the sale of a non-existent item does not apply to it.
Well, let's return. Yes, well, there is a review today: the chapter on dispensation, right? The chapter on dispensation in 'araya and the sale of trees.
The student: We have reviewed it.

The Shaykh : Well, let's review what remains of it if we have not reviewed the beginning of it, and let's review it from the beginning if we have not reviewed anything of it. And if there is some time left, we will take a new lesson, like this, if Allah wills. That is enough, yes, Aliyan.