Book of the Salam* Sale

The Sahih Collection of al-Bukhari

by Imam Bukhari
Translated by: Ustadha Aisha Bewley

Chapter 38. Book of the Salam* Sale

[*A sale in which the price is paid in advance for goods to be delivered later.]

I: The salam in respect of a specified measure

2124. It is related that Ibn 'Abbas said, "When the Messenger of Allah, may Allah bless him and grant him peace, came to Madina, people used to pay for fruit one or two years in advance (or he said, "two or three years." Isma'il was unsure.) He said, 'Whoever pays for dates in advance should only do so for a specified measure and specified weight."

This is related from Ibn Abi Najih, "a specified measure and specified weight."

II: The salam in respect of a specified weight

2125. It is related that Ibn 'Abbas said, "When the Prophet, may Allah bless him and grant him peace, came to Madina, they used to pay for dates two and three years in advance. He said, 'When anyone pays in advance for something, it must be for a specified measure and specified weight for a specified term."

It is related from Ibn Abi Najih, "Advance payment is made for a specified measure for a specified term."

2126. It is related that Ibn 'Abbas said, "The Prophet, may Allah bless him and grant him peace, came and said, "a specified measure and a specified weight for a specified term."

2127. It is related that Muhammad or 'Abdullah ibn Abi'l-Mujalid said, "'Abdullah ibn Shaddad ibn al-Hadi and Abu Burda disagreed about advance payment and they sent me to Ibn Abi Awfa and I asked him about it. He said, 'In the time of the Messenger of Allah, may Allah bless him and grant him peace, Abu Bakr and 'Umar, we used to make advance payment for wheat, barley, raisins and dates.' I also asked Ibn Abza and he said the same as that."

III: Salam to someone who has no crop

2128. It is related that Muhammad ibn Abi'l-Mujalid said, "Abdullah ibn Shaddad ibn al-Hadi and Abu Burda sent me to 'Abdullah ibn Abi Awfa and said to me, 'Ask him whether in the time of the Prophet, may Allah bless him and grant him peace, the Companions of the Prophet used to make advance payment for wheat. 'Abdullah said, 'We used to make advance payments to the peasants of the people of Syria for wheat, barley and oil for a specified measure and for a specified time.' I said, 'To the person who possessed the crop?' He said, 'We did not use to ask about that.' Then they sent me to 'Abdu'r-Rahman ibn Abza and I asked him and he said, 'The Companions of the Prophet, may Allah bless him and grant him peace, used to make advance payments in the time of the Prophet, may Allah bless him and grant him peace, and we did not ask them whether they had the crops or not.'"

2129. This is related from Muhammad ibn Abi'l-Mujalid. He said, "We paid them in advance for wheat and barley."

It is related from Sufyan that ash-Shaybani said, "And oil."

It is related from Jarir that ash-Shaybani said, "Wheat, barley and raisins."

2130. It is related that Abu'l-Bakhtari at-Ta'i said, "I asked Ibn 'Abbas about salam in respect of palm-trees. He said, 'The Prophet, may Allah bless him and grant him peace, forbade selling the fruits of the palm until they were ready to eat and until they were weighed.' A man asked, 'What is meat by  'weighed'?' A man beside him said, 'until they are gathered in.'"

The same as that is related from Abu'l-Bakhtari from Ibn 'Abbas; "The Prophet, may Allah bless him and grant him peace, forbade..."

IV: The salam in respect of date-palms

2131. It is related that Abu'l-Bakhtari said, "I asked Ibn 'Umar about the salam in respect of palm-trees. He said, 'It was forbidden to sell the fruits of the palm until they were sound, and to sell silver f[i.e. for silver] for delayed payment.'"

I asked Ibn 'Abbas about the salam in respect of palm-trees. He said, "The Prophet, may Allah bless him and grant him peace, forbade selling the fruits of the palm until they could be eaten and until they were weighed."

2132. It is related that Abu'l-Bakhtari said, "I asked Ibn 'Umar about the salam in respect of palm-trees. He said, 'The Prophet, may Allah bless him and grant him peace, forbade selling the fruit until they were sound and he forbade selling silver for gold with a delay.'

"I asked Ibn 'Abbas and he said, 'The Prophet, may Allah bless him and grant him peace, forbade selling the fruits of the palm until they were ready to eat and until they were weighed.' I said, 'What does it mean 'weighed'?' A man with him said, 'until they are gathered in.'"

V: The guarantor (kafil) in the salam

2133. It is related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, bought some food from a Jew to be paid for later, and left his iron armour with him as security."

VI: Leaving things as security in the salam

2134. It is related that al-A'mash said, "We were discussing leaving things as security in cases of advance payment with Ibrahim and he said, 'Al-Aswad related to me from 'A'isha that the Prophet, may Allah bless him and grant him peace, bought some food from a Jew to be paid at a later fixed date, and left his iron armour with him as security.'"

VII: The salam for a specified term

Ibn 'Abbas, Abu Sa'id, al-Aswad and al-Hasan said it was allowed.

Ibn 'Umar said, "There is no harm in a specified food for a specified price to a specified term as long as it is not crops whose soundness has not yet appeared."

2135. It is related that Ibn 'Abbas said, "When the Prophet, may Allah bless him and grant him peace, came to Madina, people were paying for things two and three years in advance. He said, 'Pay in advance for fruits for a specified measure and a specified term.'"

It is related from Ibn Abi Najih, "a specified measure and a specified weight."

2136. It is related that Muhammad ibn Abi'l-Mujalid said, "Abu Burda and Abdullah ibn Shaddad sent me to 'Abdu'r-Rahman ibn Abza and 'Abdullah ibn Abi Awfa and I asked them about advance payment and they said, "We used used to get booty with the Messenger of Allah, may Allah bless him and grant him peace, and some of the peasants of Syria would come to us and we would pay them in advance for wheat, barley and raisins for a specified time.' I said, Did they own the crop or not?' He replied, 'We did not use to ask about that.'

VIII: The salam whose term is when the she-camel gives birth

2137. It is related that 'Abdullah said, "We used to sell camels in the basis of  habal al-habala and the Prophet, may Allah bless him and grant him peace, forbade it." Nafi' explained that as being concluded when the she-camel gives birth to what is in its womb.