What is the requirement regarding the availability of the subject matter of the Salam contract at the place of delivery?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
The fifth condition for the validity of the Salam contract is that the subject matter must be generally available at the stipulated location when delivery is due. There is no known disagreement on this condition. This necessity ensures that the subject matter can be delivered when payment is required. If the item is not generally available, it is deemed unavailable according to the apparent reality, making delivery impossible, thus invalidating the sale. This is analogous to selling a runaway slave, but even more critical because Salam already admits a degree of necessary uncertainty (gharar), so it must not admit further uncertainty to avoid excessive uncertainty.
Supporting text
It is not permissible to stipulate Salam for grapes or fresh dates until Shubat or March, nor to a location where the commodity is not known to exist, nor to a time when the commodity is only rarely available, such as the very beginning or very end of the grape season, because its cessation cannot be secured.