Section 3: Rules resulting from ‘salam’:

Firstly: Selling the prepaid commodity before taking possession of it. [2897] I.e., If he was to pay an advance for rice or wheat and prior from delivery of it from the buyer, he intends to sell it.
The scholars have differed with regard to the ruling of selling the prepaid commodity before taking possession of it:

The first position: It is not permissible to sell the prepaid commodity before taking possession of it under any circumstances, and this is the position of the majority: [2898] The Malikis have specified the prohibition to food, see: ((al-Taj al-Ikleel)) by Mawwaaq (4/542). The Hanafis, [2899] ((Mukhtasar al-Quduri)) (p.88), ((al-Mabsuth)) by Sarakhsi (12/29). Shafi’is, [2900] ((Minhaaj at-Taalibeen)) by Nawawi (p.103), ((Mugni al-Muhtaaj)) by al-Shirbini (2/70). Hanbalis, [2901] ((Sharh Munthaha al-Iraadaat)) by Buhuti (2/96), ((Mataalib Awlayin Nahaa)) by al-Ruhaybaani (3/229). and consensus has been stated on the matter, [2902] Ibn Quddamah said: (As for selling the prepaid commodity prior to delivery of it, we do not know of any dispute regarding its prohibition). ((al-Mugni)) (4/227). And al-Ayni has said: (It is not permissible to carry out transactions with the capital of the ‘salam’ nor the commodity prior to delivery”, and this is by agreement of the jurists). ((al-Binaayah)) (8/356). and this is because it is selling that which has not been taken possession of, and also it is selling a debt that is owed upon someone else, and its seller is unable to hand it over. [2903] See: ((Sharh Mukhtasar al-Tahawi)) by al-Jassas (3/133).

The second position: It is permissible to sell the prepaid commodity before taking possession of it to the person whom it is upon, this upon the condition that it be for a similar price or less, and this is one opinion of Ahmed, [2904] ((Al-Insaaf)) by Mardawi (5/108) and see: ((Majmu al-Fataawah)) by ibn Taymiyyah (29/505). and that of Ibn Taymiyyah, [2905] Ibn Taymiyyah said: (Ahmed was asked about a man that sold some food by way of ‘salam’ for an appointed time, and when the time came, he bought from him a house. So, he said: Yes, he can buy from him that which is not measured or weighed. Also, Harb al- Kirmaani said: I asked Ahmed that if a man pays another man dirhams in advance for wheat, but at the appointed time he does not have the produce, some have said: Barley has been exchanged for the dirhams, so take from the barley. He said: Do not take from him the barley except for a similar measurement of wheat, or less. I said: If the wheat was ten bags, does he take ten bags of barley? He said: Yes. And others have also reported similar to this, and this opinion is mainly from the reports of Ahmed, and it is closest to his principles, because the cause of impermissibility in selling the debt of ‘salam’ is that it is a commodity, so it cannot be sold before delivery, and Ahmed does not take by the opinion of the impermissibility of selling prior to delivery, rather he has nuances to his position that are well known, and for this reason he distinguishes between selling from the seller and selling from others. ((Majmu al-Fataawah)) by ibn Taymiyyah (29/505) and see: ((al-Insaaf)) by Mardawi (5/108). ibn al-Qayyim, [2906] Ibn Qayyim said: (If it is permissible to sell goods to the seller before delivery, then a fortiori using the ‘salam’ as a debt is permissible, just as it is permissible to cancel the transaction before delivery as agreed by all scholars, as opposed to cancellation of goods, and what further clarifies this is that ibn Abbas did not permit the selling of the purchased item prior to its delivery, and the evidence for this position is that the Prophet did not permit the selling of food prior to its delivery, and he said: I take everything to be the same as food, whilst also it is established that he permitted the selling of the debt of ‘salam’ to the person the debt was on as long as this did not result in usuary, despite this, he did not differentiate between food and other things, and neither between that which is measured and that which is weighed and other things). ((Hashiyah ibn al-Qayyim)) (9/258). and ibn Uthaymeen [2907] Ibn Uthaymeen permitted it if he sold it to the original seller, and this is with the following conditions: Firstly: That he does not take a profit by selling for that day’s rate. Secondly: That the exchange happens before they separate if he is selling it for something that would constitute ribaa nasi’ah. Thirdly: That he does not make it the price of another ‘salam’ contract because if he does, it is likely he will profit from it. Ibn Uthaymeen said: (If a person says: Then is it permissible to sell the prepaid commodity prior to its delivery? Then the answer is: Yes, it is permissible to sell it to the original seller, and according to Shaykhul Islam it is permissible to sell it to anyone, but there is an issue to this as realistically if you were to sell it to anyone else other than the original seller then they may be unable to receive it, and also, if you were to sell it to other than the buyer for what it is to be sold as a debt then leeway on this matter is not very clear to me, and Shaykhul Islam had permitted the selling of a debt to other than the debtor but stipulated that he must be able to receive it. If he does sell it to other than the original seller, then there are three conditions to this: First condition: That he does not take a profit by selling it for that day’s rate, because if he sells it for more than that day’s rate then he has profited from that which he is not held liable for, and the Prophet ? prohibited profiting from that which one is not held liable for. For example: He pays an advance for one hundred saa’ of barley, and at the time of the transaction the value of it was only two hundred dirhams, and then he says: I will sell it to you for two hundred and fifty dirhams, then this is not permissible as he has profited from the barley before it has become his responsibility as he does not own it, nor has he taken possession of it, so therefore he has profited from that which he is not held liable for, and also because of the hadith of ibn Umar (may Allah be pleased with him), wherein he stated: ((There is no harm that you take it for its day rate as long as you do not profit from that which you are not liable for)). So, if one hundred saa’ is equal to two hundred dirhams, and he sells it to him for one hundred and fifty then it is permissible, because if it is permissible for the day rate, then a fortiori it is permissible for less than it. Also, we have made the preventing increase as the cause for not being permitted to profit on that which one is not liable for, and in this case, he has not profited but rather made a loss. And the reason for him saying (the day’s rate) is so that it does not increase, and in turn if you decrease then you have done good. Second condition: That the exchange happens before they separate if he is selling it for something that would constitute ribaa nasi’ah, for example: He sells barley for wheat, one hundred saa’ of barley for two hundred saa’ of wheat, this is permissible as long as the exchange happens before the two parties separate, because it is a condition for selling barley in exchange for wheat that the exchange happens before they separate, and because of the hadith of ibn Umar (may Allah be pleased with him), wherein he stated: ((There is no harm that you take it for its day rate so long as you do not separate leaving something still to be settled)); because he has sold dinaars for the dirhams, and a condition for this is that the exchange happens before they separate. Third condition: That he does not make it the price for another ‘salam’ contract, because if he does it is most likely that he will make a profit on it, and as such it becomes profit on something he is not liable for, for example: A ‘salam’ contract was agreed for one hundred saa’ of wheat, then they say: We will make it a ‘salam’ for five sheep, because ‘salam’ in animals is permissible as has been mentioned before, and the five sheep will be of such and such description, to be given after a year then this is not permissible, because most of the time this only done with profit, and these five sheep are equal to one hundred and twenty saa’, and also this leads to changing the debt, in that every time the debt is agreed he makes it into another ‘salam’ contract, and this is trickery by way of changing the debt and increasing at the expense of the debtor through this method, and so every time the debt is agreed he says: Make it another ‘salam’ contract, and like this until the debts accumulate on him. So, the preferable opinion is that the transaction is permissible, but only if the three conditions have been met. ((al-Sharh al-Mumti)) (9/87). too.


Evidence:
Firstly: Reports
(1) Ibn Abbas (may Allah be pleased with him) said, "If you take an advance on food and the date falls due, and you do not have the food, then take from him an offer of goods for less, and do not profit from it twice," [2908] Narrated by Abd al-Razzaaq (14120). The reliability of the report has been mentioned by ibn al-Qayyim in ((Tahtheeb as Sunan)) (9/355), and al-Albani has said in ((Irwa al-Ghalil)) (1387): it is established from ibn Abbas, and I have not come across its chain of narrators. and this is the position of the companion, and this is evidence that has not been disputed. [2909] See: ((Hashiyah ibn al-Qayyim)) (9/256(.
(2) If it is permissible that items can be sold to the original seller before delivery has happened then a fortiori it is permissible to do so with the debt of a ‘salam.’ [2910] Ibn Qayyim said: ((If it is permissible that items can be sold to the original seller before delivery has happened then a fortiori it is permissible to do so with the debt of a ‘salam’, just as cancellation of it prior to delivery is permissible as agreed by all scholars, as opposed to cancellation of items, and what clarifies this is that ibn Abbas did not permit the selling of an item prior to taking physical possession of it, and his evidence for this was that the Prophet forbade the selling of food prior to taking possession of it, and he said: I take everything to be the same as food, and despite this, it is established that he permitted the selling of the debt of ‘salam’ to the person whom it was upon as long as they did not profit from it, and he did not differentiate between food and other things, and neither between those things that are measured or weighed.) ((Hashiyah ibn al-Qayyim)) (9/257).

Secondly: If it becomes apparent that the commodity is the right of another person
If it becomes apparent that the commodity is the right of another person, e.g., coercively taken, then the buyer is entitled to request from the seller for something similar to the commodity not from the capital, and this is the opinion of the majority, the Hanafis, [2911] ((Sharh Mukhtasar al-Tahawi)) by al-Jassas (3/137). Malikis, [2912] ((al-Mudawana)) by Sahnun (4/210). and Shafi’is, [2913] ((Fath al-Aziz)) by Rafi’ (10/367), ((Rawdah at-Taalibeen)) by Nawawi (4/247). and this is because it is required for the seller to hand over the commodity with no issues just as is the case in all types of transactions. [2914] See: ((Sharh Mukhtasar al-Tahawi)) by al-Jassas (3/137).

Thirdly: The delivery period of the commodity
1. If the date agreed upon falls due.

If the date agreed upon during the transaction falls due, the buyer must fulfil his debt of the commodity, and the seller is required to accept it, and this is by agreement of the four schools: The Hanafis [2915] ((Sharh Mukhtasar al-Tahawi)) by al-Jassas (3/136,137), ((al-Bahr al-Raiq)) by ibn Nujaym (5/306), ((Hashiyah ibn Abidin)) (5/165). Malikis, [2916] ((al-Sharh al-Kabir)) by Dardeer (3/220), ((Minhu al-Jaleel) by Ulaysh (5/394). Shafi’is, [2917] ((Fath al-Aziz)) by Rafi’ (10/367), ((Rawdah at-Taalibeen)) by Nawawi (4/247). and Hanbalis, [2918] ((al-Mubdi)) by Burhan Uddin ibn Muflih (4/81), ((al-Insaaf)) by Mardawi (5/79). and that is because it is like a specified item that has been sold, it is necessary to deliver it to it’s appointed place, and for the seller to accept it. [2919] See: ((al-Mubdi)) by Burhan Uddin ibn Muflih (4/81).
2. If the seller brings the commodity before the appointed time.
If the seller brings the commodity before the appointed time, the buyer is required to accept it as long as there is no harm in doing so, and this is the opinion of the Shafi’is [2920] ((Fath al-Aziz)) by Rafi’ (10/367), ((Rawdah at-Taalibeen)) by Nawawi (4/247). and the Hanbalis, [2921]  ((al-Mubdi)) by Burhan Uddin ibn Muflih (4/81), ((al-Insaaf)) by Mardawi (5/79). and that is because the goal has been achieved with the extra benefit of swift delivery. [2922] See: ((al-Mubdi)) by Burhan Uddin ibn Muflih (4/81).

Fourthly: The buyer is unable to deliver the commodity at the appointed time
If the buyer is unable to deliver the commodity at the appointed time, then the buyer is to have patience until it becomes available, or he is permitted to cancel the contract, and this is agreed upon by the four schools: The Hanafis, [2923] ((al-Inayah)) by Ba’barti (7/82), ((al-Binayah)) by al-Ayni (8/339). Malikis, [2924] ((Sharh al-Zarqani ala Muktasar Khalil)) (5/393), ((al-Sharh al-Kabir)) by Dardeer (3/214). Shafi’is, [2925] ((Fath al-Aziz)) by Rafi’ (9/245), ((Rawdah at-Taalibeen)) by Nawawi (4/12). and the Hanbalis. [2926] ((Sharh Munthaha al-Iraadaat)) by Buhuti (2/95), ((Mataalib Awlayin Nahaa)) by al-Ruhaybaani (3/226).
And that is because of the following:

Firstly: The ‘salam’ is valid, and the inability of delivery is a result of the passing of the specified time, making it akin to a sale before taking possession. [2927] See: ((al-Inayah)) by Ba’barti (7/82).
Secondly: The commodity is a debt and as such is similar to if the buyer is unable to pay the price. [2928] ((Fath al-Aziz)) by Rafi’ (9/245).

Fifthly: Offsetting using the commodity [2929] I.e., The seller gives the buyer the commodity he has paid an advance for to offset a debt he owed to the buyer before, e.g., if he sells a shirt to another for some dirhams, and then the other him a shirt for some dirhams. See: ((al-Qawaanin al Fiqh’hiyyah)) by ibn Juzay (192), ((Nihayatul Muhtaaj)) by Ramli (4/214).
It is permissible to offset using the commodity. [2930] See: The section on offsetting a debt.

Sixthly: Cancelling [2931] Cancellation: Termination of the contract between the contracting parties, e.g., an individual buys something from another person, then he regrets his decision either because an issue becomes apparent, or because he no longer needs the item, or because he no longer has the funds for it, so he returns the item to the seller, and the seller accepts the return. See: ((Uyun al-Mabud ma’ Hashiyah ibn al-Qayyim)) (9/237). the contract in ‘salam’
It is permissible to cancel the ‘salam’ contract, and this is agreed upon by the four schools: The Hanafis, [2932] ((Tabyeen al-Haqaiq)) by Zaylai (4/121), ((al-Iyana)) by Babarti (8/227). Malikis, [2933] ((al-Kafi)) by ibn Abdul Barr (2/733,732), ((Mawahin al-Jaleel)) by Hathab (6/426), ((Manh al-Jaleel)) by Ulaysh (5/253). Shafi’is, [2934] ((Fath al-Aziz)) by Rafi’ (8/386), ((Mugni al-Muhtaaj)) by al-Shirbini (2/65). Hanbalis, [2935] ((al-Insaaf)) by Mardawi (5/87), ((Sharh Munthaha al-Iraadaat)) by Buhuti (2/63). and consencus has been reported on this. [2936] Ibn al-Munthir said: (All the people of knowledge have stated that complete termination of a ‘salam’ contract is permissible, and they have disagreed with regards to termination of part of the ‘salam’ contract). ((al-Ishraf ala madhab al-ulama)) (6/109). Ibn Abdul Barr said: (The scholars have not differed with regards to if a person cancels the entire ‘salam’ contract as this is permissible, and he has authority over it as he pleases, whether with himself or others, once it becomes apparent what he has received from the capital unto himself). ((al-Istithkaar)) (6/388). There is a difference of opinion mentioned as one of the opinions of Ahmed, see: ((al-Insaaf)) by Mardawi (5/87).

Evidence from the Sunnah:
Abu Huraira (may Allah be pleased with him) said, "The Prophet said, 'Whoever rescinds a sale with Muslim, Allah will cancel his slip (i.e., forgive his fault) on the Day of Judgement.'" [2937] Narrated by Abu Dawud (3460), and ibn Majah (2199), and the wording is his, and Abdullah bin Ahmed in ((Zawaid al-Musnad)) (7431). Al-Uqayli said in ((al-Duafa al-Kabeer)) (1/106) the hadith is ‘mahfuz’, and ibn Hibban has said it is ‘sahih’ in his ((Sahih)) (5030), as well as ibn Juzayy in ((al-Muhalla)) (3/9), and ibn Daqiq in ((al-Iqtirah)) (99), and ibn Mulaqin in ((al-Badr al-Munir)) (6/556), and al-Sakhawi in ((al-Maqasid al-Hasana)) (465), and Albani in ((Sahih Sunan ibn Majah)) (2199), and al Wadi’ in ((as-Sahih al-Musnad)), and he said: it is upon the conditions of ‘shaykhayn’, and Shawkani said in ((as-Sayl al-Jarrar)) (3/139): A group of the great scholars have graded it as authentic.

Point of Extrapolation:
The Prophet promised the person who allows for the cancellation that Allah will cancel his slip, and this promise implies legitimacy of the action in the Sharia, and that is because of the kindness he is offering to the seller, and because the transaction had been completed so the buyer is unable to cancel it. [2938] ((Awn al-Mabud ma’ Hashiyah ibn al-Qayyim)) (9/237).

Seventhly: Transfer [2939] Transfer i.e., Transferring the right from the obligor to the obligee. in ‘salam’
1. Transfer on the capital of the ‘salam’.
It is permissible to transfer the capital of the ‘salam’ if the seller takes possession of it before separating from the buyer, and this is the opinion of the Hanafis. [2940] ((Sharh Mukhtasar al-Tahawi)) by al-Jassas (3/132), ((al-Fatawa al-Hindayah)) (3/186).
Evidence:
Firstly: From the Sunnah
Abu Huraira (may Allah be pleased with him) states that the Prophet said, "Delay in payment by a rich man is injustice, but when one of you is referred for payment to a wealthy man, he should accept the reference." [2941] Narrated by Bukhari (2288), and the wording is his, and Muslim (1564).
Point of Extrapolation:
Transfer of debt is permissible, and the debt of ‘salam’ is like any other debt in which transfer is permissible. [2942] See: ((Sharh Mukhtasar al-Tahawi)) by al-Jassas (3/132).
Secondly: Because just like ‘transfer’ and a ‘guarantee’ are permitted in all debts they are also permitted in ‘salam’, because it is not a condition in ‘salam’ that the buyer take possession from the seller himself. [2943] See: ((Sharh Mukhtasar al-Tahawi)) by al-Jassas (3/132).

2. Transfer of the commodity [2944] Transfer by way of the commodity that an advance has been paid on e.g., The seller says to the buyer: I have transferred what I owe you to such and such person who owes me, i.e., when the date falls due and the buyer comes to the seller and says: Give me what you owe me, then the buyer says: Such and such person owes me one hundred saa’ of wheat that is equivalent to what I owe you, and so I have transferred by debt to him. And transfer of the commodity e.g., The buyer owes another person a debt, so he transfers what is owed to him from the seller (i.e., the commodity he paid an advance for) to the person he owes a debt to, as he himself is owed one hundred saa’ of wheat. See: ((al-Sharh al-Mumti)) by ibn Uthaymeen (9/91).
It is permissible to transfer the commodity, and this is the opinion of the Hanafis, [2945] See: ((Sharh Mukhtasar al-Tahawi)) by al-Jassas (3/132), ((al-Iyana)) by Babarti (10/509). Malikis, [2946] The Malikis have not permitted if the debt of the ‘salam’ is food, and neither one of the dates have fallen due, however, if the dates have both fallen due, i.e., the date of the ‘salam’ and the date of the debt, then it is permissible. ((al-Mudawana)) by Sahnun (3/138), ((Sharh al-Zarqani ala Muktasar Khalil)) (6/35), ((al-Sharh al-Kabir)) by Dardeer (3/328). one opinion of the Shafi’is, [2947] ((Fath al-Aziz)) by Rafi’ (8/429), ((Rawdah at-Taalibeen)) by Nawawi (3/514). one opinion of the Hanbalis, [2948] ((al-Insaaf)) by Mardawi (5/85). and the position of ibn Uthaymeen. [2949] Ibn Uthaymeen said: ((The correct position is that it is correct, i.e, transfer of the commodity, so it is permissible that it is transferred for, and that it be transferred by way of, because of the generality of the Prophet statement: ((Whoever transfers a debt to a wealthy person he should accept it)) ((al-Sharh al-Mumti)) (9/91).

Evidence from the Sunnah:
1.
It is reported by Abu Umaamah that he said, "I heard the Messenger of Allah say, 'Allah, Most Exalted, has appointed for everyone who has a right what is due to him, and no will be made to an heir, and a woman should not spend anything from her house except with the permission of her husband.' He was asked, 'Even food, Messenger of Allah?' He replied, 'That is the best of our property.' He then said, 'A loan must be paid back, a she-camel lent for a time for milking must be returned, a debt must be discharged, and the one who stands surety is held responsible.'" [2950]  Narrated by way of Abu Dawud (3563), and the wording is his, and Tirmidhi (2120), and Ahmed (22294) with slight differences, and Nasai in (Sunan al-Kubra) (5782) summarised, and ibn Majah (2295, 2398, 2405, 2713) separately. Tirmidhi graded the hadith as: ‘hasan sahih’ and Qurtubi stated it as sahih in his ((Tafsir)) (6/426), and ibn al-Mulaqin in ((Sharh al-Bukhari)) (16/434), and Albani in ((Sahih Sunan Abu Dawud)) (3565) and ibn Hajar graded it ‘hasan’ in ((Muwafaqah al-khubr al-khabr)) (2/315).

Point of Extrapolation:
His saying, "... and the one who stands surety is held responsible." means the guarantor is responsible, i.e., he is responsible for that which he is bound whether it is a financial obligation or his physical self, and the committed obligations are secured by wealth, and this includes the debt of ‘salam’ and others. [2951]  See: ((al-Mabsut)) by Sarakhsi (20/25).
2. Abu Huraira (may Allah be pleased with him) states that the Prophet said, "Delay in payment by a rich man is injustice, but when one of you is referred for payment to a wealthy man, he should accept the reference." [2952]  Narrated by Bukhari (2288), and the wording is his, and Muslim (1564).

Point of Extrapolation:
Transfer of debt is permissible, and the debt of ‘salam’ is like any other debt in which transfer is permissible.  [2953]  See: ((Sharh Mukhtasar al-Tahawi)) by al-Jassas (3/132).

Eighthly: Reconciliation through ‘salam’.
It is permissible to carry out reconciliation through salam, [2954]  Reconciliation in ‘salam’: The buyer reconciliates with the seller through the commodity, this can be done by the seller by decreasing some of it, e.g., he owes one thousand dirhams and an amount of silver equivalent to the weight of a ‘salam’, and he reconciled with him for only one hundred. See: ((al-Fatawa al-Hindiyah)) (4/246). and this is agreed upon by the four schools, the Hanafis, [2955] ((al-Mabsut)) by Sarakhsi (21/77), ((al-Fatawa al-Hindiyah)) (4/246). Malikis, [2956] ((Sharh al-Zarqani ala Muktasar Khalil)) (6/9), ((al-Sharh al-Kabir)) by Dardeer (3/313). Shafi’is, [2957] ((Nihayatul Muhtaaj)) by Ramli (4/387) and see: ((al-Ghurar al-Bahiyyah)) by Zakriyah al-Ansari (3/132). and Hanbalis, [2958] ((al-Insaaf)) by Mardawi (5/87), ((Kashaaf al-Qina)) by Buhuti (3/307). and this is because reconciliation is a compromise between the contracting parties on termination or dismissal, and both are permissible. [2959] See: ((al-Fatawa al-Fiqhiyyah al-Kubra)) by ibn Hajr al-Haythami (2/278).

Ninthly: Agency in ‘salam’
In ‘salam’ acting as an agent for someone else is permissible, and this is agreed upon by the four schools, the Hanafis, [2960] ((Mukhtasar al-Quduri)) (p.116), ((al-Fatawa al-Hindiyah)) (4/246). Malikis, [2961] ((al-Sharh al-Kabir)) by Dardeer (3/206), ((Minhu al-Jaleel) by Ulaysh (5/359). Shafi’is, [2962] ((Fath al-Aziz)) by Rafi’ (7/11), ((Rawdah at-Taalibeen)) by Nawawi (4/291). and Hanbalis, [2963] ((Kashaaf al-Qina)) by Buhuti (3/304). and this is because the contract of ‘salam’ is a contract he owns outright, so he also has the authority to delegate it out of necessity. [2964] See: ((al-Binyaha)) by al-Ayni (9/240).

Tenthly: The option of a condition in ‘salam’.
The option of a condition in ‘salam’ is not permitted, and this is the position of the Hanafis, [2965] ((Mukhtasar Ikhtilaf al-Ulama)) by Al-Tahawi (3/51), ((Al-Mabsut)) by Al-Sarakhsi (12/124). Shafi’is, [2966] ((Fath al-Aziz)) by Rafi’ (8/314), ((Rawdah at-Taalibeen)) by Nawawi (3/448). and Hanbalis, [2967] ((al-Iqna)) by al-Hajawi (2/140), ((Kashaaf al-Qina)) by Buhuti (3/300). and this is because it does not allow for taking full possession, as possession is not attained except if it is based on ownership, and the option for condition does not allow for the establishment of ownership. [2968] ((Tabyin al-Haqa'iq)) by Al-Zayla'i (4/117).

Eleventhly: Disagreement between the two contracting parties in ‘salam’
Sub-section One: Disagreement between the two contracting parties regarding the capital sum.
If the two contracting parties disagree regarding the capital sum of the ‘salam’, and neither of them has any proof, then they must both take an oath, and if either one is not content with the other person's statement, then the contract is annulled, [2969]  If the owner of the ‘salam’ says, "I sold you ten thousand," and the buyer says, "No, you sold me a thousand riyals," and there is no clear evidence for either of them, then they both insist on their statements, and the ‘salam’ contract is annulled unless one of them agrees with the other. this is what has been reported by the majority: The Hanafis, [2970] ((Al-Bahr al-Ra'iq)) by Ibn Najim (7/218), ((Al-Fatawa al-Hindiyyah)) (3/191). Malikis, [2971] ((Al-Sharh al-Kabir)) by Al-Dardir and the commentary by Al-Dusuqi (3/194), ((Munh al-Jalil)) by 'Ulaysh (5/329). and Shafi’is. [2972] ((Minhaj al-Talibin)) by Al-Nawawi (p. 108), ((Mughni al-Muhtaj)) by Al-Shirbini (2/52).

Evidence from the Sunnah:
It is reported by ibn Abi Mulaykah that he said: I wrote to ibn Abbas, and he wrote back to me, "Indeed the Prophet had given the verdict that the defendant had to take the oath." [2973] Narrated by Al-Bukhari (2514) with his wording, and Muslim (1711).

Point of Extrapolation:
Both of them in this case are the defendant [2974] See: ((Mughni al-Muhtaj)) by Al-Shirbini (2/52).
Sub-section Two: Disagreement between the two contracting parties regarding the commodity.

Disagreement regarding the type of the commodity.
If the two contracting parties disagree regarding the type of the commodity, and neither of them has any proof, then they must both take an oath, and if either one is not content with the other person's statement, then the contract is annulled, this is what has been reported by the Hanafis [2975] ((Al-Bahr al-Ra'iq)) by Ibn Najim (7/218), ((Al-Fatawa al-Hindiyyah)) (3/191). and the Malikis. [2976] ((Al-Sharh al-Kabir)) by Al-Dardir and the commentary by Al-Dusuqi (3/194).

Disagreement regarding the amount of the commodity.
If the two contracting parties disagree regarding the amount of the commodity, and neither of them has any proof, then they must both take an oath, and if either one is not content with the other person's statement, then the contract is annulled, this is what has been reported by the majority: the Hanafis, [2977] ((Al-Bahr al-Ra'iq)) by Ibn Najim (7/218), ((Al-Fatawa al-Hindiyyah)) (3/191). Malikis, [2978] ((Al-Sharh al-Kabir)) by Al-Dardir and the commentary by Al-Dusuqi (3/194). and Shafi’is.  [2979] ((Minhaj al-Talibin)) by Al-Nawawi (p. 108), ((Mughni al-Muhtaj)) by Al-Shirbini (2/52).

Evidence from the Sunnah:
It is reported by ibn Abi Mulaykah that he said: I wrote to ibn Abbas, and he wrote back to me, "Indeed the Prophet had given the verdict that the defendant had to take the oath." [2980] Narrated by Al-Bukhari (2514) with his wording, and Muslim (1711).

Point of Extrapolation
Both of them in this case are the defendant [2981] See: ((Mughni al-Muhtaj)) by Al-Shirbini (2/52).

Twelfthly: The nullification of the specified date due to the death of the seller.
The specified date is nullified due to the death of the seller, and his debt of the ‘salam’ is paid immediately by taking it from his inheritance, and this is the position of the majority: The Hanafis, [2982] ((Al-Bahr al-Ra'iq)) by Ibn Najim (6/184), ((Al-Fatawa al-Hindiyyah)) (3/180). Malikis, [2983] This is according to the Maliki school if the commodity is present, if it is not available in the markets then the distribution of the inheritance is suspended until the time when his presence is more likely. ((Mawahib al-Jalil)) by Al-Hattab (6/510), ((Munh al-Jalil)) by 'Ulaysh (5/374). and Shafi’is [2984] According to the Shafi'i school, the choice is established for the buyer between annulment and patience if it is not available until the commodity becomes available as a preventive measure against harm, and the contract does not become void. ((Mughni al-Muhtaj)) by Al-Shirbini (2/106). and this is because the basis in this case is that if the person who owes the debt dies then the specified date is nullified, and the death of the person upon whom the debt is owed does not nullify anything, as the specified time is the right of the creditor, not the debtor, so his status of living or death is taken into consideration with regards to the specified time. [2985] See: "Bada'i al-Sana'i" by Al-Kasani (5/213).

Thirteenthly: To secure the commodity by way of a (kafaalah) guarantee and (rahn) security on the loan
It is permissible to secure the commodity by way of a (kafaalah) guarantee and (rahn) security on the loan [2986] It is also permissible to secure the commodity by way of witnesses. See: ((Munh al-Jalil)) by 'Ulaysh (5/343). the Hanafis, [2987] ((Mukhtasar Ikhtilaf al-Ulama)) by Al-Tahawi (3/20), ((Al-Fatawa al-Hindiyyah)) (5/449). Malikis, [2988] ((Munh al-Jalil)) by 'Ulaysh (5/343). Shafi’is, [2989] ((Al-Hawi al-Kabir)) by Al-Mawardi (5/860), ((Al-Muhadhab)) by Al-Shirazi (2/86). and one position of the Hanbalis. [2990] ((al-Insaaf)) by Mardawi (5/94), ((Sharh Munthaha al-Iraadaat)) by Buhuti (2/96).

Evidences:
Firstly: From the Quran

Allah the Exalted says, "You who believe, when you contract a debt for a stated term, put it down in writing," up till where He says, "If you are on a journey, and cannot find a scribe, something should be handed over as security, but if you decide to trust one another, then let the one who is trusted fulfil his trust." 
(al-Baqarah: 282, 283)

Point of Extrapolation: In the verse, there is permission to take something as security on the loan in ‘salam’, as mentioned by ibn Abbas. [2991] See: ((Mukhtasar Ikhtilaf al-Ulama)) by Al-Tahawi (3/21).
Secondly: The ‘rahn’ is taken as security for fulfilment, and ‘salam’ necessitates fulfilment, so ‘rahn’ is permissible in such case. [2992] ((Sharh Mukhtasar al-Tahawi)) by al-Jassas (3/134),

Fourteenthly: For the commodity to be given in instalments.
It is permissible for the commodity to be given in instalments, and this is the position of the majority, the Malikis, [2993] ((Al-Sharh al-Kabir)) by Al-Dardir (5/94), ((Munh al-Jalil)) by 'Ulaysh (5/384) and see: ((al-Ishraf ala nukath masail al-Khilaf)) (2/567). Shafi’is, [2994] ((Fath al-Aziz)) by Rafi’ (9/240), ((Rawdah at-Taalibeen)) by Nawawi (4/11). in their correct position and the Hanbalis. [2995] ((al-Iqna)) by al-Hajawi (2/140), ((Kashaaf al-Qina)) by Buhuti (3/300).

This is because of the following:
Firstly:
All transactions in which it is permitted to pay at a later date is also permitted to pay on multiple fixed dates, like in the transaction of goods. [2996] ((Kashaaf al-Qina)) by Buhuti (3/300).
Secondly: Anything in which it is permitted to be in debt till a specified date is permitted to be in debt on multiple specified dates, like prices. [2997] See: ((al-Ishraf ala nukath masail al-Khilaf)) (2/567) by Qadi Abdul Wahhab (2/567).