What is the ruling on a pledge or guarantee taken for the subject of Salam (forward sale) if the Salam contract is mutually rescinded or voided due to impossibility?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
If a pledge (*rahn*) or guarantee (*dhamin*) is taken for the subject of a Salam contract, and subsequently the Salam contract is mutually rescinded or voided due to the impossibility of delivering the subject matter, the pledge becomes void. This is because the underlying debt upon which the pledge was based has ceased to exist, and the guarantor is absolved. The recipient of the Salam capital (*muslam ilayh*) is obligated to return the capital immediately. The immediate receipt of the capital in the same session is not required because the capital itself is not considered a counter-value in this context.