Is it permissible to transfer the liability (*Huwalah*) for the subject of a Salam contract before possession?

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

Al-Mughni

Book of Sales

Book 12 · Issue 9 · Bab 6

Open in Qurani

Primary text

Transferring the liability for the subject of a Salam contract is not permissible because transfer of liability is only valid for an established debt, and the Salam debt is contingent on dissolution, meaning it is not firmly established. Furthermore, it constitutes a transfer of ownership of the subject of the Salam without dissolution, which is impermissible, similar to a sale. This applies whether the debtor transfers the liability for the food owed to a creditor who is owed food via another Salam or a purchase, or if the Salam debtor transfers the food owed to the Salam creditor.