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المغني لابن قدامة - ت التركي
مجلد 6 · صفحة 385٧٧٣ - مسألة؛ قال أبو القاسم، رحمه الله: (وكل ما ضبط بصفة، فالسلم فيه جائز)

الترجمة · EN

Al-Bukhari (6) narrated from Muhammad ibn Abi al-Mujalid, who said: Abu Burdah and 'Abdullah ibn Shaddad sent me to 'Abd al-Rahman ibn Abza and 'Abdullah ibn Abi Awfa. I asked them about salaf (forward sale), and they replied: "We used to obtain spoils of war with the Messenger of Allah (peace and blessings of Allah be upon him), and Nabataeans from the Nabataeans of al-Sham used to come to us, and we would conduct salaf with them for wheat, barley, and raisins (7)." I asked: "Did they have crops, or did they not have crops?" They said: "We did not ask them about that." As for the consensus (ijma'), Ibn al-Mundhir said: "Everyone whose knowledge we have preserved among the scholars has reached a consensus that salam is permissible." This is because the item for which the price is paid (al-muthman) in a sale is one of the two considerations of the contract; therefore, it is permissible for it to be established as a liability (dhimma), like the price (thaman). Furthermore, people have a need for it, because the owners of crops, fruits, and commercial goods require maintenance for themselves and for their goods in order to reach maturity, and they may be in need (8) of funds. Thus, salam was permitted for them so they might benefit, and the person conducting the salam might benefit by obtaining a lower price.

773 - Issue: Abu al-Qasim (may Allah have mercy on him) said: "And all that is defined by a description, salam therein is permissible."

The totality of this is that salam is only valid upon six conditions:

First, that the item for which the salam is conducted (al-muslam fihi) must be of a type that is defined by the attributes which cause the price to vary significantly. Thus, it is valid regarding grains, fruits, flour, garments, silk,

الحواشي

(6) In: Chapter on Salam with Known Weight, and: Chapter on Salam to Someone Who Does Not Possess the Original Goods, from the Book of Salam. Sahih al-Bukhari 3/111, 112. It was also reported by Abu Dawud, in: Chapter on Salaf, from the Book of Sales. Sunan Abi Dawud 2/247. And al-Nasa'i, in: Chapter on Salam in Food, and: Chapter on Salam in Raisins, from the Book of Sales. al-Mujtaba 7/255. And Ibn Majah, in: Chapter on Salaf in Known Measure..., from the Book of Trade. Sunan Ibn Majah 2/765. And Imam Ahmad, in: al-Musnad 4/380. (7) In the original: "and oil". This is in: Chapter on Salam to Someone Who Does Not Possess the Original Goods, from the Book of Salam, in Sahih al-Bukhari. (8) In [A]: "ta'uz" (need/lack). (1) Omitted from the original.

السابقمجلد 6 · صفحة 385التالي
السابق6·385التالي