Is the current existence of the genus of the subject matter required for the validity of a salam contract?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
The current existence of the genus of the subject matter is not required for the validity of the salam contract. The ruling permits salam in items that will exist later, such as selling dates in winter. The underlying principle is that the item is established as a debt in the seller's liability and is generally found at its designated location.
Supporting text
Alternative views require the genus to exist from the time of the contract until the time of delivery, using the potential for the seller's death as justification for requiring present existence.