Is it permissible for the buyer in a Salam contract to take something other than the stipulated commodity upon maturity?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
Selling the subject of a Salam contract to the seller thereof, meaning taking something in exchange for the stipulated subject, is forbidden, regardless of whether the stipulated item exists or not, and whether the compensation is equal in value, less, or more than the stipulated item. This is the position of Abu Hanifa and Al-Shafi'i.
Supporting text
There is another narration from Ahmad, reported by Ibn Abi Musa, that if one contracts for grain in a wilderness, and it is unavailable at maturity, the buyer may accept barley instead of grain, but no more than that. This is interpreted under the view that grain and barley are of the same genus, which is considered incorrect in the established school opinion. Malik permitted taking something other than the stipulated item, accelerating its receipt without deferring it until the time of the grain. Ibn Al-Mundhir reported that Ibn Abbas permitted taking something less than the stipulated item as compensation, but not doubling the profit. The evidence for prohibition is the Prophet's saying: 'Whoever enters into a Salam for something, let him not change it to something else.'