Is it permissible to enter into a contract of forward sale (salam) for goods not currently in existence?

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

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 6

Open in Qurani

Primary text

It is permissible to enter into a contract of salam even if the subject matter is not present at the time of the contract. This is permissible for things like selling dates in winter or any non-existent item, provided it will exist at the specified time of delivery. This view is held by Malik, Al-Shafi'i, Ishaq, and Ibn al-Mundhir. The evidence is the Prophet's command upon arriving in Medina where people were practicing salam in fruits for one or two years: Whoever enters into salam, let him do so with a known measure, known weight, for a known period. The Prophet did not mention the requirement of current existence; had it been a condition, he would have stated it, and he would have forbidden salam for two years, as that would necessitate the non-existence of the subject matter during the middle of the year. Furthermore, the item is established as a debt in the seller's liability and is typically found at its source location, making salam permissible, similar to existing goods.

Supporting text

Al-Thawri, Al-Awza'i, and the Companions of Al-Ra'y (Hanafi scholars) hold that it is impermissible unless the genus of the item exists from the time of the contract until the time of delivery. Their reasoning is that since any period could potentially be the delivery time, and death of the seller could occur, the existence of the item at the delivery time must be established at the contract time, similar to the place of delivery.