Is it permissible to enter into partnership (*sharika*) or substitution (*tawliyah*) regarding the subject of a Salam contract before taking possession?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
Partnership and substitution regarding the subject of a Salam contract before taking possession are not permissible because they are considered sales based on the preceding reasoning. This is the view of most scholars. The basis for this prohibition is that they constitute a dealing involving the subject of the Salam before possession, which is impermissible just as if it were stated with the wording of a sale. They are types of sale and are therefore prohibited for the subject before possession, like the original sale.
Supporting text
A narration is attributed to Malik permitting partnership and substitution based on a Hadith where the Prophet (peace be upon him) prohibited selling food before possession but permitted partnership and substitution. However, this Hadith is not confirmed, and the prohibition on selling the food before possession encompasses partnership and substitution as they are types of sale. The permission mentioned might refer to a general concession, not specifically in this context. Rescission (*Iqalah*) is permissible because it is a dissolution, not a sale.