Is a forward contract (Salaf/Salam) valid for animals?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
The forward contract for animals is valid according to the apparent position of the madhhab. This view is attributed to Ibn Mas'ud, Ibn Abbas, Ibn 'Umar, Sa'id ibn al-Musayyib, Al-Hasan, Al-Sha'bi, Mujahid, Al-Zuhri, Al-Awza'i, Al-Shafi'i, Ishaq, and Abu Thawr. The evidence supporting validity includes the narration that the Prophet, peace be upon him, took a young camel in advance (Salaf) from a man, narrated by Muslim via Abu Rafi'. Furthermore, 'Abdullah ibn 'Amr ibn al-'As narrated that the Messenger of Allah, peace be upon him, ordered him to purchase a camel in exchange for two camels and other camels until the arrival of the Zakat (charity) due. The validity is also established by analogy, as a dowry (Sadaq) is established against one's responsibility (Dhimmah), thus the forward contract should also be valid, similar to textiles.
Supporting text
The forward contract for animals is deemed invalid according to a narration supported by Al-Thawri and the Companions of Opinion (Ahl al-Ra'y). This view is also reported from 'Umar, Ibn Mas'ud, Hudhayfah, Sa'id ibn Jubayr, Al-Sha'bi, and Al-Jawzajani. The primary evidence cited is the statement attributed to 'Umar ibn Al-Khattab: Indeed, among usury (Riba) are hidden doorways, and among them is the forward contract concerning the tooth (of an animal). The reason for invalidity is that animals possess inherent, diverse variations that make precise specification impossible. Even if one meticulously describes the features affecting price—such as having thin eyebrows, dark eyes, a prominent nose, a specific nostril structure, long eyelashes, or distinctly shaped lips—delivering an animal matching these rare specifications becomes impractical. The reported prohibition from 'Umar is reconciled by asserting it was based on stipulations regarding the offspring of a specific stud male, or it is superseded by the opinions of those who validated the contract.