Firstly: Amongst the pillars of advanced payment is the sale in advance
1. The Establishment of Advanced Payment by Wordings of Transaction
Advanced payment is established through wordings of transactions according to the majority, including the Hanafis in what is most authentic [2764]  ((Tabyin al-Haqa'iq)) by Al-Zailai (4/110), ((Al-Bahr al-Ra'iq)) by Ibn Najim (6/168). , the Malikis [2765] Refer to ((Al-Sharh al-Kabir)) (3/195) , the Hanbalis [2766] ((Al-Iqna')) by Al-Hajawi (2/133), ((Kashaf al-Qina')) by Al-Buhuti (3/289). , and a view amongst the Shafi`is [2767] ((Fath al-Aziz)) by Al-Rafi'i (9/222), ((Raudat al-Talibin)) by Al-Nawawi (4/6) . This is in consideration of the meaning [2768] Refer to ((Al-Ghurur al-Bahiyya)) by Zakariya al-Ansari (3/54) .
2. Advanced Payment by the Blind
The blind are permitted to partake in advanced payment contracts with the condition of description, by the consensus of the four schools: the Hanafi [2769]  Refer to ((Al-Binaya)) by Al-Ayni (8/95) , The Maliki [2770]  Refer to ((Al-Kafi)) by Ibn Abdul Barr (2/731). , the Shafi`i [2771] (Fath al-Aziz)) by Al-Rafi'i (8/145), ((Tuhfat al-Muhtaj)) by Ibn Hajar al-Haytami (4/270). and the Hanbali [2772] ((Al-Mubdi)) by Burhan al-Din Ibn Muflih (3/363), ((Kashaf al-Qina')) by Al-Buhuti (3/165), ((Sharh Muntaha al-Iradat)) by Al-Buhuti (2/13). . This is because describing something that leads to knowing it can stand in place of seeing it [2773] Refer to ((Al-Mubdi)) by Burhan al-Din Ibn Muflih (3/363), ((Al-Binaya)) by Al-Ayni (8/95). .
Secondly: The Contractors
1. Conditions of the Contractors in Advanced Payment Transactions
What is a condition in regular transactions is also a condition in advanced payment contracts [2774] Refer to the chapter on the conditions of contracting parties in sales: the second chapter: The rulings of contracting parties in sales. .
Evidence from consensus:
Ibn Hajar [2775] Ibn Hajar said: "They agreed that Salam requires the same conditions as those required for a valid sale." ((Fath al-Bari)) (4/428). and al-San`ani [2776]  Al-San'ani said: "They agreed that Salam requires the same conditions as those required for a valid sale." ((Sabil al-Salam)) (2/68). reported a consensus on this.
Thirdly: The Capital
1. Conditions of the Capital
One of the two defects of riba al-fadl should not combine with the two counterparts in the capital of advanced payments [2777]  If the capital of Salam is dates, it is not permissible for the Muslim to be given in return dates, barley, or salt, which share the same cause for riba.
It is stipulated that one of the two defects of riba al-fadl should not combine with the two counterparts in the capital of advanced payments, by the consensus of the four schools: the Hanafi [2778] ((Al-Fatawa al-Hindiyya)) (3/179-180), ((Al-Durr al-Mukhtar wa Hashiya Ibn Abidin)) (5/217). Refer also to ((Bada'i al-Sana'i)) (5/214). , the Maliki [2779]  ((Al-Sharh al-Kabir li al-Dardir wa Hashiyat al-Dasuqi)) (3/200). Refer also to ((Al-Risala)) by Ibn Abi Zayd al-Qayrawani (p. 108). , the Shafi`i [2780] ((Al-Aziz Sharh al-Wajiz)) by Al-Rafi'i (8/166). and the Hanbali [2781] . ((Sharh Muntaha al-Iradat)) by Al-Buhuti (2/89), ((Matalib Uli al-Nuha)) by Al-Rahibani (3/211). . This is because contracts that contain riba are invalid [2782]  Refer to ((Bada'i al-Sana'i)) by Al-Kasani (5/214). .

The capital of advanced payments should be known in kind.
It is a condition that the capital of advanced payments should be known in kind, whether it is in the form of dihams or dinars.
Evidence from consensus:
Ibn al-Mundhir [2783] Ibn al-Mundhir stated: "There is a consensus that Salam is permissible, and a man can deliver to his counterpart a specified and described quantity of food, such as the produce of a known and specified land, without any error, with a known weight or measure, until a specified date, and with known dinars or dirhams." ((Al-Ijma')) (p. 989). and al-Qurtubi [2784]  Al-Qurtubi said: "As for the three conditions in the capital of Salam, they should be of a known kind, estimated, and in cash. These three conditions in the capital are agreed upon, except for the requirement of being in cash." ((Tafsir al-Qurtubi)) (3/379). reported a consensus on this.

The capital of advanced payments should be known by quantity.
It is a condition that the capital of advanced payments should be known in quantity [2785] The Maliki school allows the capital of Salam to be deferred. Refer to ((Al-Taj wa al-Ikli?l)) by Al-Mawwaq (4/516), ((Mawahib al-Jaleel)) by Al-Hattab (6/480), ((Sharh al-Zurqani 'ala Mukhtasar Khalil)) (5/368). . This is the position of the Hanbalis [2786] Refer to ((Matalib Uli al-Nuha)) by Al-Rahibani (3/227). and the view of Abu Hanifa [2787] ((Al-Bahr al-Ra'iq)) by Ibn Najim (6/175), ((Al-Fatawa al-Hindiyya)) (3/178). . The Shafi`is also stipulate this when the capital is in the possession of the seller [2788] ((Rawdat al-Talibeen)) by Al-Nawawi (4/5), ((Tuhfat al-Muhtaj)) by Ibn Hajar al-Haytami (5/5). . This is because this ignorance leads to uncertainty of what was received [2789] Refer to ((Al-Jawharah al-Neerah)) by Abu Bakr Al-Haddad (1/219). .

The capital of advanced payments should be known by description.
The first issue: if the capital of the advanced payment is specific.
It is a condition that the description of the capital is known when it is specific. This is the view of the majority, including the Hanafis [2790] ((Al-Fatawa al-Hindiyya)) (3/178), ((Al-Bahr al-Ra'iq)) by Ibn Najim (6/174). , Malikis [2791] ((Hashiyat al-Adawi 'ala Kifayat al-Talib al-Rabbani)) (2/177). , the Hanbalis [2792] ((Kashaf al-Qina')) by Al-Buhuti (3/304), ((Matalib Uli al-Nuha)) by Al-Rahibani (3/227). Also, refer to ((Al-Sharh al-Kabir 'ala Matn al-Muqni')) (4/337). and a view of the Shafi`is [2793]  ((Rawdat al-Talibeen)) by Al-Nawawi (4/5), ((Tuhfat al-Muhtaj)) by Ibn Hajar al-Haytami (5/5). .
This is due to the following:
Firstly: It is a contract that cannot be executed immediately, nor can the contracted item be delivered, and neither can its dissolution be secured. Therefore, it is required to know the capital of the advanced payment to return its counterpart, just like a loan [2794] Refer to ((Al-Sharh al-Kabir 'ala Matn al-Muqni')) (4/337). .
Secondly: It is not guaranteed that part of the price becomes due, so the contract is dissolved up to that extent. So, it is not known how much remains and how much has been dissolved [2795] Refer to ((Matalib Uli al-Nuha)) by Al-Rahibani (3/227). .
The second issue: If the capital of the advanced payment is described in a liability [2796] Examples of specifying the type of currency for Salam include mentioning it as a Riyal, Dinar, Junayh, or Dollar. .
It is a condition that the capital of the advanced payment is known by its description when it is described in a liability.
Evidences:
Firstly: Consensus
Ibn Qudama [2797]  Ibn Qudamah stated: "There is no disagreement about the requirement to know its quality if it is in the agreement." ((Al-Mughni)) (4/225). , al-Qurtubi [2798] Al-Qurtubi said: "As for the three conditions in the capital of Salam, it should be of a known kind, estimated, and in cash. These three conditions in the capital are agreed upon, except for the requirement of being in cash." ((Tafsir al-Qurtubi)) (3/379). , and Shams-ud-Din ibn Qudama [2799] Shams al-Din Ibn Qudamah said: "There is no disagreement about the requirement to know its qualities if it is in the agreement." ((Al-Sharh al-Kabir 'ala Matn al-Muqni')) (4/337). all reported a consensus on this.
Second: Due to it being one of the two compensations in advanced payments, so it is required to know its description [2800] Refer to ((Al-Mughni)) by Ibn Qudamah (4/225). .

Delivering the capital of the advanced payment at the contract meeting.
It is a condition that that capital of the advanced payment be delivered at the contract meeting. This is the view of the majority [2801] The Maliki school allows delaying the receipt of the Salam capital for two or three days. Refer to ((Munh al-Jaleel)) by Al-Aulaysh (5/332). , including the Hanafis [2802] Refer to ((Tabyin al-Haqa'iq)) by Al-Zayla'i (4/117). Also, refer to ((Bada'i al-Sana'i)) by Al-Kasani (5/202). , the Shafi`is [2803] Refer to ((Tuhfat al-Muhtaj)) by Ibn Hajar al-Haytami (5/4), ((Mughni al-Muhtaj)) by Al-Sharbini (2/102). , the Hanbalis [2804] ((Kashaf al-Qina')) by Al-Buhuti (3/304). Also, refer to ((Al-Kafi)) by Ibn Qudamah (2/66). , and it is also reported that there is a consensus on this [2805] Al-Tabari said: "They all agreed that Salam is not permissible until the buyer pays the price to him in the session where they engaged in the transaction." ((Ikhtilaf al-Fuqaha')) (p. 99). Ibn al-Mundhir stated: "There is a consensus that Salam is permissible, and a man can deliver to his counterpart a specified and described quantity of food, such as the produce of a known and specified land, without any error, with a known weight or measure, until a specified date, and with known dinars or dirhams." ((Al-Ijma')) (p. 98). .
The evidences:
First: from the Sunnah.
Ibn `Abbas may Allah be pleased with them both reported that: the Prophet peace be upon him came to Madinah and found the people paying in advance for fruits which were to be given after one or two years. He then said, “whoever pays in advance for dates should pay for a specified measurement and a specified weight for a specific period.” [2806] Narrated by Al-Bukhari (2240) and Muslim (1604), and the wording is from Muslim
Point of Extrapolation:
Firstly: The statement of the Prophet peace be upon him ‘whoever pays in advance for dates, let him pay in advance (salaf/salam)…’ i.e let him deliver, because the term ‘salaf’ does not apply until he delivers what he committed to before parting from the one he engaged in the contract with. [2807] Refer to ((Al-Umm)) by Al-Shafi'i (3/95), ((Kashaf al-Qina')) by Al-Buhuti (3/304).
Secondly: it is only called ‘salam’ due to delivering the capital in advance. So, if there is a delay, it would not be called ‘salam’ and thus not valid. [2808] Refer to ((Al-Majmu' Sharh al-Muhadhdhab)) by Taqmiyat al-Mati'i (13/144).
2. Dealing with the capital in Advanced Payments Before Taking Possession of it [2809] If the seller gifts the Salam capital to someone else before receiving it or sells it when the Salam capital is a tangible item, or if he manages it through a transfer by appointing someone for it.
It is not permissible to engage in dealings with the capital of advanced payment before taking possession of it. The majority have stated this, including the Hanafis [2810] Refer to ((Al-Hidayah)) by Marghinani (3/75), ((Al-‘Inayah)) by Babarti (7/101). , the Shafi`is [2811] Refer to ((Tuhfat al-Muhaj)) by Sharh al-Minhaj by Sharwani and Al-Abadi (4/405). , the Hanbalis [2812] Refer to ((Sharh Muntaha al-Iradat)) by Al-Buhuti (2/60), ((Matalib Uli al-Nuha)) by Al-Rahibani (3/149). . There is an agreement on this amongst the jurists [2813] Al-Ayni said: "It is not permissible to dispose of the Salam capital, and the commodity, before taking possession. This is the consensus of the jurists." ((Al-Banaya)) (8/356). .
This is due to the following:
First: Because it leads to the relinquishment of rightful possession through the contract [2814] Refer to ((Al-Hidayah)) by Marghinani (3/75). .
Second: Its ownership is incomplete, similar to the ownership of others [2815]  Refer to ((Sharh Muntaha al-Iradat)) by Al-Buhuti (2/60). .
3. The Securing of the capital of Advanced Payment
It is permissible to secure the capital of Salam through mortgaging or similar means [2816] For example, the buyer (Muslim) hands over a thousand Riyals to the seller (Muslim) on the condition that he will provide him with a hundred garments (the deferred commodity) and asks for collateral, fearing that he might not deliver these goods. . This is the consensus of the majority including the Hanafis [2817]  ((Mukhtasar Ikhtilaf al-'Ulama')) by Tahaawi (3/20), ((Al-Fatawa al-Hindiyya)) (3/186). , Malikis [2818] ((Munh al-Jaleel)) by Al-Aulaysh (5/343). , Shafi`is [2819]  ((Al-Hawi al-Kabir)) by Al-Mawardi (5/860), ((Al-Muhadhdhab)) by Al-Shirazi (2/86). , and it is narrated from Ahmad, and the opinion chosen by many of his companions [2820]  ((Al-Insaf)) by Al-Mardawi (5/95), ((Kashaf al-Qina')) by Al-Buhuti (3/307). .
Evidences:
First: The Qur’an.
Allah Almighty says: 'O you who have believed, when you contract a debt for a specified term, write it down... And if you are on a journey and cannot find a scribe, then a security deposit should be taken.' (Quran 2:282-283)
Point of evidence: advanced payment falls under the first verse, as mentioned by Ibn Abbas [2821] ((Mukhtasar Ikhtilaf al-'Ulama')) by Tahaawi (3/21). , and the subsequent verse talks about securing advanced payments. Therefore, if securing is allowed in advanced payments, the same applies to the capital. [2822] Refer to ((Mukhtasar Ikhtilaf al-'Ulama')) by Tahaawi (3/21).
Second: There are no prohibitions in it, nor any riba, oppression or ambiguity. It is among the authenticated contracts, and the default for contracts is permissibility. [2823] Refer to ((Al-Sharh al-Mumti')) by Ibn Uthaymeen (9/92).
Third: It is a contract of exchange. It is valid to document it through witnesses. Therefore, it is also permissible to secure it through mortgaging or guaranteeing, like usual transactions. [2824] Refer to ((Al-Hawi al-Kabir)) by Al-Mawardi (5/390).
4. Al-Muqasah (Deduction) in the Capital of Advanced Payment [2825] Al-Muqasasah: It is the dropping of a debt owed by one person to his adversary in exchange for a debt owed by that person's adversary to him. Refer to ((Al-Mawsu'ah al-Fiqhiyyah al-Kuwaitiyyah)) (21/139), ((Al-Sharh al-Kabir)) by Sheikh al-Dardeer and the Hashiyah by al-Dasuqi (3/227), and ((Al-Qawanin al-Fiqhiyyah)) by Ibn Juzay (1/192).
Deduction is permissible in the capital of advanced payment. [2826] Refer to the issue of Muqasasah in debts.

Fourthly: The Muslam Fihi (Commodity to be Delivered)
Conditions of the Muslam fihi
1. The muslam fihi is a specified liability [2827] This means that it is not permissible in commodities; rather, it is only in debts.
It is a condition that the muslam fihi is a specified liability, by the agreement of the four schools: the Hanafi [2828] They did not explicitly state the condition, but this is understood from their texts. Refer to ((Al-Bahr al-Ra'iq)) by Ibn Najim (6/168), and see ((Al-Tajreed)) by al-Quduri (5/2668), ((Fath al-Qadeer)) by Kamal ibn al-Humam (7/86). , Maliki [2829] (Al-Sharh al-Kabir)) by al-Dardeer (3/210), ((Munh al-Jaleel)) by Al-Aulaysh (5/370. , Shafi`i [2830] ((Fath al-Azeez)) by al-Rafii (9/208), ((Rawdat al-Talibeen)) by al-Nawawi (4/6). , and Hanbalis [2831] ((Kashaf al-Qina')) by Al-Buhuti (3/305), ((Matalib Uli al-Nuha)) by Al-Rahibani (3/228). . This is because advanced payment is designated for the sale of a specific item that has a liability [2832] ((Al-Azeez Sharh al-Wajeez)) by al-Rafii (9/221), ((Kifayah al-Akhyaar)) by al-Husayni (p. 249) .
Given that the musalam fihi is known:
The first issue: The muslam fihi is known by its kind.
It is a condition that the muslam fihi is known by its kind, for instance wheat or barley.
Evidences:
First: From the Sunnah.
Narrated by Ibn Abbas may Allah be pleased with them both: The Prophet, peace be upon him, arrived in Medina, and they were engaging in advanced payments concerning fruits for a year or two. He said, 'Whoever engages in advanced payment for dates, let it be for a specified measure and weight to a specified term.' [2833] Narrated by Bukhari (2240) and Muslim (1604), and the wording is his.
Point of Extrapolation:
His statement ‘let it be for a specified measure’. The uncertainty of its kind, type and description has more right to be prohibited because it is similar to or worse than being uncertain of the measurement. [2834] Refer to ((Sharh Mukhtasar al-Tahawi)) by al-Jassas (3/122).
Second: Consensus.
A consensus on this has been reported by ibn Qudama [2835] Ibn Qudamah said: "The attributes are of two types: unanimously agreed upon for their requirement, and differing regarding their specifics. The unanimously agreed-upon ones are three attributes: the type, the category, and the quality and defect. These must be known in every ‘Muslim fihi’. We do not know of any disagreement among the scholars about their requirement." ((Al-Mughni)) (4/211). , Shams-ud-Din ibn Qudama [2836] . Shams al-Din Ibn Qudamah said: "The attributes are of two types: unanimously agreed upon for their requirement, and differing regarding their specifics. The unanimously agreed-upon ones are three attributes: the type, the category, and the quality and defect. These must be known in every ‘Muslim fihi’. This is the opinion of Abu Hanifa, Malik, and al-Shafi'i. We do not know of any disagreement among others about their requirement." ((Al-Sharh al-Kabir 'ala Matn al-Muqni')) (4/318). and Burhan-ud-Din ibn Muflih. [2837] Burhan al-Din Ibn Muflih said: "To describe it with what is outwardly distinguishable in its price... therefore, on this basis, he mentions its type, category, quantity, place, freshness, age, quality, and defect without any known disagreement." ((Al-Mubdi')) (4/175).
The second issue: The muslam fihi is known by its type.
It is a condition that the muslam fihi is known by its type. [2838] For example, clarifying the type of the item if it is dates, specifying whether it is sugary or dry dates. If it is dry dates, further details about its specific type.
The Evidences:
Firstly: From the Sunnah
Narrated by Ibn Abbas may Allah be pleased with them both: The Prophet, peace be upon him, arrived in Medina, and they were engaging in advanced payments concerning fruits for a year or two. He said, 'Whoever engages in advanced payment for dates, let it be for a specified measure and weight to a specified term.' [2839] Narrated by Bukhari (2240) and Muslim (1604), and the wording is his.
Point of extrapolation:
When the Prophet peace be upon him prohibited ignorance of the measure by his statement ‘let it be for a specified measure’, the uncertainty of its kind, type and description has more right to be prohibited because it is similar to or worse than being uncertain of the measure. [2840] Refer to ((Sharh Mukhtasar al-Tahawi)) by al-Jassas (3/122).
Secondly: Consensus
A consensus on this has been reported by ibn Qudama [2841] Ibn Qudamah said: "Attributes are of two types: unanimously agreed upon for their requirement, and differing regarding their specifics. The unanimously agreed-upon ones are three attributes: the type, the category, and the quality and defect. These must be known in every Muslim. We do not know of any disagreement among the scholars about their requirement." ((Al-Mughni)) (4/211). , Shams-ud-Din ibn Qudama [2842] Shams al-Din Ibn Qudamah said: "Attributes are of two types: unanimously agreed upon for their requirement, and differing regarding their specifics. The unanimously agreed-upon ones are three attributes: the type, the category, and the quality and defect. These must be known in every Muslim. This is the opinion of Abu Hanifa, Malik, and al-Shafi'i. We do not know of any disagreement among others about their requirement." ((Al-Sharh al-Kabir 'ala Matn al-Muqni')) (4/318). and Burhan-ud-Din ibn Muflih. [2843] Burhan al-Din Ibn Muflih said: "To describe it with what is outwardly distinguishable in its price... So, on this basis, he mentions its type, category, quantity, place, freshness, age, quality, and defect without any known disagreement." ((Al-Mubdi')) (4/175).
The third issue: The muslam fihi is known by its measure
It is a condition that the muslam fihi is known by its measure, whether that is volume, weight, quantity or the like. [2844] It is permissible to engage in Salam for animals, meat, fish, bread, clothes, and fruits because they are items that can be measured, weighed, or described.
Evidences:
First: From the Sunnah
Narrated by Ibn `Abbas may Allah be pleased with them both: The Prophet, peace be upon him, arrived in Medina, and they were engaging in advanced payment concerning fruits for a year or two. He said, 'Whoever engages in advanced payment for dates, let it be for a specified measure and weight to a specified term.' [2845] Narrated by Bukhari (2240) and Muslim (1604), and the wording is his.
Second: Consensus
A consensus on this has been reported by ibn Mundhir [2846] Ibn al-Mundhir said: "All scholars agree that Salam is valid when a person delivers to another a known and specified quantity of food, from the food of a common land, without the risk of adulteration or contamination, measured by a known weight or quantity, for an agreed-upon price to be paid before they depart from the place of agreement. If they act accordingly and fulfill the conditions, the Salam is valid, and I am not aware of any scholar invalidating it." ((Al-Ishr?f 'al? Maz?hib al-'Ul?m?')) (6/101). , ibn Battal [2847] Ibn Battal said: "All scholars agree that Salam is not permissible except in a known weight or quantity, in terms of what is weighed or measured. They also unanimously agree that if Salam is in something that cannot be weighed or measured, then it must have a known quantity." ((Sharh Sahih al-Bukhari)) (6/365). , ibn al-`Arabi [2848] Ibn al-Arabi said: "The third condition is that it must be specified, and there is no disagreement about it among the scholars." ((Al-Qabas f? Shar? Muwa??a' M?lik ibn Anas)) (p. 833). , ibn Qudama [2849] Ibn Qudamah said: "Knowing the amount in terms of weight if it is a substance that is weighed, and in terms of quantity if it is a substance that is counted... We do not know of any disagreement regarding considering the knowledge of the amount." ((Al-Mughni)) (4/216). , and ibn Hajar [2850] Ibn Hajar said: "There is consensus on the requirement of specifying the weight in what is delivered through Salam for measured items, such as the Sa' of al-Hijaz, and the Qafiz of Iraq, and the Ardab of Egypt." ((Fath al-Bari)) (4/430).   .

The fourth issue: The musalam fihi is known by its description
It is a condition that the muslam fihi is known by its description.
The evidences:
First: from the Sunnah
Narrated by Ibn `Abbas may Allah be pleased with them both: The Prophet, peace be upon him, arrived in Medina, and they were engaging in advanced payment concerning fruits for a year or two. He said, 'Whoever engages in advanced payment for dates, let it be for a specified measure and weight to a specified term. [2851] Narrated by Bukhari (2240) and Muslim (1604), and the wording is his.
Point of Extrapolation:
When the Prophet peace be upon him prohibited ignorance of the measure by his statement ‘let it be for a specified measure’, the uncertainty of its kind, type and description has more right to be prohibited because it is similar to or worse than being uncertain of the measure. [2852] Refer to the explanation of the abbreviated text of Al-Tahawi by Al-Jassas (3/122).
Secondly: Consensus
A consensus on this has been reported by al-Tabari, [2853] Al-Tabari said: "Those who permit Salam unanimously agree that Salam is not permissible except in a described and known manner." ((Ikhtilaf al-Fuqaha)) (p. 95). ibn al-Mundhir [2854] Ibn al-Mundhir said: "All scholars agree that permissible Salam is when a person delivers to another a known and specified quantity of food, from the food of a common land, without the risk of adulteration or contamination, measured by a known weight or quantity, for an agreed-upon price to be paid before they depart from the place of agreement. If they act accordingly and fulfill the conditions, the Salam is valid, and I am not aware of any scholar invalidating it." ((Al-Ishr?f 'al? Maz?hib al-'Ul?m?')) (6/101). , ibn Battal [2855] Ibn Battal said: "All scholars agree that Salam is not permissible except in a known weight or quantity, in terms of what is weighed or measured. They also unanimously agree that if Salam is in something that cannot be weighed or measured, then it must have a known quantity." ((Sharh Sahih al-Bukhari)) (6/365). , ibn al-`Arabi [2856] Ibn al-Arabi said: "There is no disagreement that Salam is not permissible in something not specified by a quality." ((Al-Masalik Sharh Muwatta Imam Malik)) (6/119). , al-Qadi `Iyad [2857] Qadi 'Iyad said: "It must be known with certainty about the intended characteristic; this is unanimously agreed upon." ((Al-Mufhim)) (4/515). , ibn Qudama [2858] Ibn Qudamah said: "Attributes are of two types: unanimously agreed upon for their requirement, and differing regarding their specifics. The unanimously agreed-upon ones are three attributes: the type, the category, and the quality and defect. These must be known in every Muslim. We do not know of any disagreement among the scholars about their requirement." ((Al-Mughni)) (4/211). , Shams-ud-Din ibn Quddamah [2859] Ibn Qudamah said: "Attributes are of two types: unanimously agreed upon for their requirement, and differing regarding them being a requirement. The unanimously agreed-upon ones are three attributes: the type, the category, and the quality and defect. These must be known in every commodity. We do not know of any disagreement among the scholars about their requirement." ((Al-Mughni)) (4/211). , Shams Uddin ibn Quddamah, [2860] Shams al-Din Ibn Qudamah said: " Attributes are of two types: unanimously agreed upon for their requirement, and differing regarding them being a requirement. The unanimously agreed-upon ones are three attributes: the type, the category, and the quality and defect. These must be known in every commodity. This is the opinion of Abu Hanifa, Malik, and al-Shafi'i. We do not know of any disagreement among others about their requirement." ((Al-Sharh al-Kabir 'ala Matn al-Muqni')) (4/318). an-Nawawi [2861] Al-Nawawi said: "They unanimously agree on the requirement of specifying the characteristics of the commodity [in Salam] with what is recognized." ((Sharh Sahih Muslim)) (11/41). , ibn Hajr [2862] Ibn Hajar said: "They unanimously agree that it is necessary to know the characteristic of the thing being sold." ((Fath al-Bari)) (4/430). , and Burhan Uddin ibn Muflih [2863] Burhan al-Din Ibn Muflih said: "To describe it with what is outwardly distinguishable to its value... So, on this basis, he mentions its type, category, quantity, place, freshness, age, quality, and defect without any known disagreement." ((Al-Mubdi')) (4/175). .

Stipulating the condition that the commodity is to be given at a deferred date in a ‘salam’ contract [2864] I.e., the buyer concludes a ‘salam’ contract by paying the amount beforehand whilst the commodity is delayed, for example: "I have delivered to you a hundred riyals for a hundred measures of wheat, to be delivered on the first day of the upcoming month of Ramadan." .
It is not a condition that the commodity must be given at a later date, therefore it is permissible for the ‘salam’ to occur immediately. And this is the position of the Shafi’i school [2865] Refer to "Fath al-Aziz" by Al-Rafii (9/225) and "Rawdat al-Talibin" by Al-Nawawi (4/7). , one of the positions narrated by Malik [2866] "Aqd al-Jawahir al-Thameena fi Madhhab 'Alim al-Madina" by Ibn Shas (2/752), "Al-Muntaqa Sharh al-Muwatta" by Al-Baji (4/297), and "Al-Dhakhira" by Al-Qarafi (5/254). , and the opinion of ibn Taymiyyah [2867] Ibn Taymiyyah stipulated for the permissibility of this that the commodity is in his possession. Ibn Taymiyyah said: "Salam is valid immediately if the commodity is in his possession, otherwise it is not." ((Al-Fatawa al-Kubra)) (5/393). See also "Al-Mustadrak 'ala Majmu' al-Fatawa" (4/6). and ibn Uthaymeen [2868] Ibn Uthaymeen stated: "His saying 'deferred' also requires deferring, for if it is not deferred, ‘salam’ is not valid. An example of this is if someone says, 'I have delivered to you the hundred riyals in my hand for a hundred measures of wheat.' The ruling on this contract is that ‘salams is not valid because ‘salam’ must be deferred. The evidence is the saying of the Prophet ?: 'Let him stipulate in a known item for a known term.' So, does his saying 'for a known term' apply as a condition to both matters: that it must be deferred, and it must be known, or does the condition apply only to the known? If we say the first, then it must be deferred. If we say the second, then deferral is not a condition. However, if it is deferred, let the term be known. Therefore, scholars differed, may Allah have mercy on them. Some said that it must have a term, and some said that it is acceptable without a term. What seems apparent to me is that it is valid without a term, and we say call it whatever you want: Salam or Bai', because this does not involve usury, injustice, or deception. Forbidden transactions revolve around these three: usury, injustice, and deception. This does not involve deception, injustice, or usury. The saying of the Prophet, peace be upon him, 'for a known term' refers to knowing the term, meaning it should not be an unknown term, and that is the prevailing view." ((Al-Sharh al-Mumtia')) (9/53). . This is because if it is permissible to have a deferred ‘salam’ then a fortiori it is permissible to have an immediate one as there less chance of issues occurring [2869] See "Mughni al-Muhtaj" by Al-Sharbini (2/105).   .

The time period for the commodity being known.
It is a condition that the time period be known if the commodity is to be given at a deferred date.
The evidence:
Firstly: from the Sunnah
Ibn Abbas (may Allah be pleased with him) said: ((When the Prophet ? came to Madinah they were paying one and two years in advance for fruits, so he said, “Those who pay in advance for dates must do so for a specified measurement and weight, and for a specified time”)) [2870] Narrated by al- Bukhari (2240), and Muslim (1604) and the wording is his. .

Secondly: From consensus
Consensus has been reported on this matter by Ibn Munthir [2871]  Ibn al-Mundhir stated: "All those whom I have learned from among the people of knowledge unanimously agree that a valid Salam involves a person delivering to his counterpart a specified and described quantity of food. This food should be from general, undisputed land, not prone to any defects, measured in a known quantity or weighed in a known manner. The delivery should take place within a specified period, with payment in dinars or dirhams, covering the cost of the items exchanged, before they part ways from the location where the transaction took place. They should also specify the place where the food will be received. If they fulfill these conditions and are both competent, the Salam is valid. I am not aware of any scholar who invalidates it." ((Al-Ishraf 'ala Madhahib al-'Ulama')) (6/101). , Ibn Abdil Barr [2872] Ibn Abdul Barr mentioned: "Abdullah bin Umar said: There is nothing wrong with a person offering Salam for a specified quantity of food at a known price, with a designated time, as long as the crops or dates are in a condition of goodness. This meaning is narrated from the Prophet, peace be upon him, and the jurists unanimously agree on it if the Muslim is present from the time of the contract until the term expires." ((Al-Istidhkar)) (6/384). , Ibn al-Arabi [2873] Ibn al-Arabi stated: "Regarding the fifth condition - that the term must be known - there is no disagreement among the Ummah." ((Al-Qabas fi Sharh Muwatta Malik bin Anas)) (p. 834). , Ibn Qudamah [2874]  Ibn Qudamah said: "It is essential for the term to be known in Salam, as indicated by the verse: 'When you incur debt for a specified term.' (Quran 2:282) and the saying of the Prophet, peace be upon him, 'to a known term.' In the condition of knowledge in the clause, there is no difference of opinion." ((Al-Mughni)) (4/219). and al-Ayni [2875]  Al-Ayni commented: "The fifth condition, 'a known term,' is indicated by his saying, 'and a known term.' These are five conditions agreed upon." ((Al-Binaayah)) (8/347). .

Delivery of the commodity (which the advance has been paid on) is possible at the specified time.
It is a condition that the delivery of the commodity be possible at the ­specified time [2876] It is not required for the item to be present from the time of the contract until delivery; it suffices for it to be present at the time of delivery. , and this is by agreement of the four schools of thought, the Hanafis [2877] ((al-Mabsut)) by Sarakhsi (12/108), (Tabyeen al-Haqaa’iq)) by Zayla’I (4/118). , Malikis [2878] ((at-Taaj wa al-Ikleel)) by Mawwaaq(4/514), ((Hashiyah ad-Dassuqi ala al-Sharh al-Kabeer)) (3/211). , Shafi’is [2879] ((Mugni al-Muhtaaj)) by al-Shirbini (2/106). and the Hanbalis [2880] ((Kashaaf al-Qina)) by Buhuti (3/303). , and this is because if it is not possible to deliver the commodity then the transaction is not possible, and so in turn paying an advance for it would not be possible [2881] See: ((Mugni al-Muhtaaj)) by al-Shirbini (2/103). .

To specify the place the commodity will be handed over.
It is not a condition to specify the place in which the commodity is to be handed over, and the place in which the transaction originally took place is where it is to be handed over, and this is the position of the majority of scholars, i.e., the Malikis [2882] According to the Maliki school, it is preferable to specify the term, but if the location is specified, that suffices. Refer to "Al-Sharh al-Mumtia'" by Al-Dardir (3/222) and "Al-Qawanin al-Fiqhiyya" by Ibn Juzayy (p. 178). , Shafi’is [2883] The Shafi’is have made an exception for this if the place is not suitable for delivery, or it’s delivery would incur charges, in such case it would be a condition to specify. ((Rawdah at-Talibeen)) by Nawawi (4/12), ((al- Mugni al-Muhtaaj)) by Shirbini (2/104). , Hanbalis [2884] The Hanbalis have made an exception for this if it is not possible to deliver at the original place of the transaction, as such it would be a condition. ((Kashaaf al-Qinaa)) by Buhuti (3/306), ((Sharh Munthaha al-Iraadaat)) by Buhuti (2/96). , and this is the position of Abu Yusuf and Muhammed bin Hassan from the Hanafi school [2885] Abu Yusuf and Muhammed bin Hassan said: If they stipulate it then it is correct, and if they don’t stipulate it then delivery will be at the original place of the transaction. ((Sharh Mukhtasar at-Tahawi)) by al-Jassaas (3/122), ((ad-Dar al-Mukhtar lil Haskafi wa Hashiyathu ibn Abidin)), ((al-Fatawa al-Hindiyyah)) (3/179-180). .

Evidence:
Firstly: From the sunnah.
Ibn Abbas (may Allah be pleased with him) said: ((When the Prophet ? came to Madinah they were paying two and three years in advance for fruits, so he said, “Those who pay in advance for something must do so for a specified measurement and weight, and for a specified time”)) [2886] Narrated by al- Bukhari (2240), and the wording is his, and Muslim (1604). .
Point of Extrapolation:
The location of delivery is not mentioned in the hadith and so this indicates that it is not a condition [2887] See: ((al-Mugni)) by ibn Quddaamah (4/226). .
Secondly: It is a commutative contract, and as such mentioning the location of delivery is not a condition just as it is not in a normal sale of goods [2888] See: ((Sharh Mukhtasar at-Tahawi)) by al-Jassaas (3/122), and ((al-Mugni)) by ibn Quddaamah (4/226). .
Thirdly: Their silence on the matter is to be taken as indication that they intend the place of the original transaction [2889] ((Kashaaf al-Qinaa)) by Buhuti (3/306), ((Sharh Munthaha al-Iraadaat)) by Buhuti (2/96). .

What is being exchanged as part of the transaction (i.e., the commodity and what is being paid for it) do not constitute riba al-fadl.
It is a condition that what is being exchanged as part of the transaction do not constitute riba al-fadl [2890] See: The First Sub-Section in the First Section: The conditions of the capital of ‘salam’. .

That which is being paid an advance for is a commodity (‘salam’ in dirhams and dinaars).
It is not a condition that the item that is being paid an advance for be a commodity [2891] What is meant here is what is the item being sold (i.e., the commodity), and the price of it. , as such it is permissible in dirhams and dinaars upon the condition that the capital is not dirhams or dinaars. And this is the position of the majority: the Malikis [2892] ((Hashiyah al-Adwi ala Kifaayathu Taalib al-Rabbani)) (2/188). , Shafi’is [2893] ((Fat’h al-Aziz)) by Raaf’I (9/316), ((Rawdah at-Taalibeen)) by Nawawi (4/27). (the correct position of the school), and the Hanbalis [2894] ((Kashaaf al-Qinaa)) by Buhuti (3/291), ((Mataalib Awlayin Nahaa)) by al-Ruhaybaani (3/211). .
And that is because of the following:
Firstly: That which can be taken as a debt can also be the item of value [2895] See: ((Hashiyah al-Adwi ala kifaayahthu at-Taalib al-Rabbaani)) (2/177). .
Secondly: It can be established as debt so it can also be established as ‘salam’ like goods [2896] See: ((Mataalib Awlayin Nahaa)) by al-Ruhaybaani (3/211). .