782 - Issue: He said: (And if the Salam item is not such [perishable goods], such as iron, lead, and what does not spoil, and its old and new states do not differ, he is not obligated to accept it before its due time.)

He refers by 'Salam' here to the 'muslam fihi' (the subject matter of the contract); it is named by the source form (masdar), just as the stolen item is called 'sariqah' and the pledged item is called 'rahn'. Ibrahim said: 'Take your Salam or what is less than your Salam, but do not take what is more than your Salam.' Whenever he brings the 'muslam fihi' according to the stipulated description, there are three possible states: The first is that he brings it at its due time, in which case [the buyer] is obligated to accept it; for he has brought him his due at its proper time, so accepting it became binding, like a specifically identified sold object. This is the same whether taking possession of it causes him harm or not. If he refuses, it is said to him: 'Either take possession of your right, or grant a release from it.' If he refuses, the judge shall take possession of it from the 'muslam ilayh' (seller) on behalf of the 'muslim' (buyer), and his liability is discharged; because the judge stands in the place of the one who refuses by virtue of his authority, yet he (the judge) does not have the right to grant a release because he does not possess the authority to do so. The second state is that he brings it before its due time. In this case, it is considered: if it is of the sort that possession before its due time causes harm—either because it is something that changes, such as fruits and all foods, or because its old state is inferior to its new state, such as grains and similar items—then the buyer is not obligated to accept it; for he has a purpose in delaying it, such as needing to eat it or feed it to others at that specific time. The same applies to livestock; because he cannot be secure against its perishing, and he would need to spend on its maintenance until that time, and he may need it at that specific time rather than before it. Likewise, if it is something that requires expense to preserve, such as cotton and the like, or if the time is insecure such that he fears the plunder of what he takes possession of, then he is not obligated to accept it in any of these circumstances; for there is harm to him in taking possession of it, and the time for his entitlement to it has not arrived, so it proceeds in the same manner as a deficiency in its description. And if it is something where there is no harm in taking possession of it, such as it being something that does not change—like iron, lead, and copper, for its old and new states are equal, and likewise oil and honey, and there is no harm of fear in taking possession of it, nor the bearing of expense—then it is obligatory for him to...