The first is that one may enter a Salam contract for them by number, and specify it by smallness or largeness, because it is sold in this manner. The second is that one may not enter a Salam contract for them except by weight. This is the position of Abu Hanifah and al-Shafi'i, because it is impossible to estimate them by number, as they differ significantly and vary greatly, nor by measure, because they do not settle in the measuring vessel, and it is impossible to estimate vegetables by bunches, as they vary, and it is possible to bunch together large and small ones, so estimating them by anything other than weight is impossible, making estimation by weight mandatory.

775 - Issue: He said: (To a known term, by the sighting of the new moon).

This is the fourth condition, which is that it must be deferred to a known term. There are three sections in this issue:

First: It is a condition for the validity of the Salam contract that it be deferred; an immediate Salam contract is not valid. Ahmad said, in a narration by al-Marwudhi: It is not valid unless the term is stipulated. This is also the view of Abu Hanifah, Malik, and al-Awza'i. Al-Shafi'i, Abu Thawr, and Ibn al-Mundhir said: A Salam contract is permissible immediately because it is a contract that is valid when deferred, so it is valid when immediate, like the sale of specific items. Furthermore, if it is permissible when deferred, it is even more permissible when immediate, and further removed from gharar (uncertainty). Our argument is the statement of the Prophet (peace and blessings of Allah be upon him): "Whoever enters a Salam contract for something, let him do so for a known measure or a known weight, to a known term." He commanded the term, and his command implies obligation. Furthermore, he commanded these things as a clarification of the conditions of Salam, prohibiting it without them; just as it is invalid if measure and weight are absent, so too it is with the term. Additionally, the Salam contract was permitted as a concession for the sake of convenience, and convenience is only achieved through a term; if the term is absent, the convenience is absent, so it is not valid, like the contract of kitabah (manumission). Finally, immediacy removes it from its name and meaning. As for the name, it is called Salam and Salaf because one of the two counter-values is accelerated while the other is delayed. As for its meaning, we have mentioned at the beginning of the chapter that the Lawgiver permitted it due to the pressing need for it, and when the item one is selling is present immediately, there is no need for a Salam contract, so it does not hold. This differs from the sale of various entities, for they were not established contrary to the original rule for a reason specific to deferment.