If the location of fulfillment is specified in a Salam contract, is the contract valid?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
If the location of fulfillment is specified, there are two narrations concerning its validity according to Al-Qadi and Abu Al-Khattab. Some view it as carrying ambiguity because delivery might become impossible at that location, likening it to specifying the measure. However, the soundest position is that this is valid because specifying the location serves a purpose and benefit for both parties, similar to specifying the time. The argument that delivery might become impossible is refuted by the specification of time. If the contract inherently implies delivery at the location, then specifying it fulfills the implication. If the contract does not imply it, specification removes ambiguity and prevents dispute, thus there is no ambiguity in specifying it, unlike specifying the measure which contradicts the necessity of knowing the stipulated measure for validity.
Supporting text
Ibn Abi Musa reported another narration where specifying the location is invalid because it stipulates something contrary to what the contract implies, as the contract implies delivery at its location. Ibn Abi Musa also stated that if both parties are in a wilderness, the location must be mentioned. If they are not in a wilderness, mentioning the location is good, but if omitted, fulfillment occurs at the place of the contract, as transferring it from a wilderness location is impossible, making omission ambiguous. If the location is stipulated to be the same as the place of the contract, it is valid as it is a sales contract.