What is the minimum duration required for a specified term in a contract of advance payment (Salaf)?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
A condition for the term ('Ajal) is that it must be a duration that has practical significance regarding the price, such as a month or a duration close to it. The intent behind stipulating a term in a *Salaf* contract is to ensure the delivery of the good (*Muslam fih*), which is non-existent initially, as *Salaf* is established as a concession primarily for the financially constrained awaiting harvests or trade goods. This realization requires a period sufficient for the intended benefit to manifest, which is not achieved by an excessively short duration that lacks substance in the transaction price. Furthermore, the term cannot be equated with the maximum duration for the option of rescission (*Khiyar*), as the option can be for an hour while the term for *Salaf* can extend for years, and the option period is limited to three days by some jurists, unlike the term for *Salaf*.
Supporting text
The school of Abu Hanifa permits setting the term as brief as half a day. Some jurists, following Al-Awza'i, permit a term of three days, citing that this period allows for the option of rescission, represents the lowest acceptable limit of brevity, and permits the concession of travel regulations. Another view suggests that the intended purpose is realized by the shortest possible duration.