Is it permissible to enter into a Salam contract (forward sale) for the specific fruit yield of a particular orchard?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
It is not permissible to enter into a Salam contract for the specific fruit yield of a particular orchard or a small village. This prohibition stems from the risk of its destruction or interruption. Ibn al-Mundhir stated that nullifying the Salam contract when concerning the yield of a specific orchard is akin to scholarly consensus (Ijma). This position is held by al-Thawri, Malik, al-Awza'i, al-Shafi'i, the Ashab al-Ra'y (Hanafi school), and Ishaq. Evidence for this prohibition is found in the Hadith where a man sold Dinars to the Prophet (peace be upon him) in exchange for a specified quantity of dates, and the Jew stipulated that the dates must come from the orchard of Banu Fulan. The Prophet (peace be upon him) rejected this, saying, "But not from the orchard of Banu Fulan; rather, a specified measure until a specified time." This was narrated by Ibn Majah and others.