What is the ruling when a non-Muslim converts to Islam after entering into a contract of *salam* (advance payment for deferred delivery) involving wine with another non-Muslim?

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

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 6

Open in Qurani

Primary text

The Muslim party is entitled to take back the money (*dirham*s) paid. This position is agreed upon by all scholars whose opinions are known, including Al-Thawri, Ahmad, Ishaq, and the companions of *Ra'y* (the Hanafi school). The reasoning is that if the converter was the one who was supposed to receive the wine (*muslam*), he cannot legally take possession of the wine due to his conversion, thus rendering the object of the contract void. If the converter was the one who supplied the wine (*muslam ilayh*), he is unable to fulfill the obligation of delivery. Therefore, the matter reverts to the principal capital sum paid.