What is the ruling if the *salam* capital, consisting of mixed goods, is partially received in a pure form and partially found to be counterfeit?

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

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 6

Open in Qurani

Primary text

If one pays a *salam* for three kinds of goods (e.g., 100 dirhams for wheat, 100 for barley, and 100 for another item), and counterfeit coins are discovered among the payment, the contract remains valid for the remaining genuine portion. The deduction for the counterfeit amount is distributed across all three types of goods proportionally to their share of the price, and the contract is valid for the remaining uncontaminated portion according to its share of the price.

Supporting text

Concerning a situation where half the *salam* amount is possessed and the other half is settled via assignment (*ihala*) or set-off against a pre-existing debt owed by the *muslam ilayh*, it is ruled that the *salam* is valid for the half that was possessed and void for the half that was not possessed. An opinion attributed to Abu Hanifa states that if the settlement involves assignment (*hawala*), the entire *salam* contract is void. In the case of set-off, another view holds that it is void for the unpossessed part and valid for the possessed part according to its proportion, dependent on the ruling concerning splitting the transaction.