When delivering the subject of a Salam contract, is the specified commodity required to be accepted if it is the exact described item?

Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 6

Open in Qurani

Primary text

If one stipulates a specific described commodity in a Salam contract and the seller presents that exact item upon maturity, one must accept it according to one valid opinion, because the seller has delivered the subject of the contract according to its description, necessitating acceptance, just as if it were a different item. The opposing view is that acceptance is not obligatory because it leads to the price becoming the subject of the sale. This is refuted by the fact that the price is established in the debt and the delivered item is compensation for it.

Supporting text

If the subject is a young female slave stipulated in exchange for an older one, and the older one is presented at maturity matching the description, there are two possibilities. One view holds it invalid because it implies enjoyment of the slave and returning her without the *mahr* (dower). The second view permits it because the seller delivered the subject of the contract according to its description, which is supported by the scenario where a defect is found and the item is returned.