Is it obligatory to take possession of the *salam* capital sum in the same session (gathering) as the contract?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
The *salam* contract is void if the parties separate before taking possession of the *salam* capital sum. This is the view held by Abu Hanifa and Al-Shafi'i. The evidence for this is that the *salam* is a contract of exchange (*mu'awada*), and in contracts of exchange, stipulating the absolute delay of the consideration (*'iwad*) is invalid; therefore, separation before possession is invalid, similar to the rule regarding currency exchange (*sarf*).
Supporting text
Malik permitted the delay of possession for two or three days or more, provided that this delay was not stipulated as a condition. He argued that because it is an exchange, delaying possession does not invalidate its status as a *salam*, resembling what occurs at the end of the session. Furthermore, some opinions suggest that even if possession occurs after the session, the contract may be invalid based on the wording requiring the capital to be received 'completely' (*kamilan*), a view attributed to Ibn Shubruma and Al-Thawri. Abu al-Khattab held two opinions on whether validity exists for the portion not possessed, depending on the ruling regarding splitting the transaction (*tafriq al-safqa*).