if he delivers it to the Muslim (buyer), he is discharged by that, because he has delivered to him that which the one subject to the Salam contract empowered him to deal with. If he destroys it, he is liable for it, because he took possession of it for that purpose. If the Muslim settles with the guarantor regarding the subject matter of the Salam contract for its price, it is not valid, because this is a rescission (iqala), so it is not valid from anyone other than the one subject to the Salam contract. If the one subject to the Salam contract settles with him for its price, it is valid, and both his liability and the guarantor's liability are discharged; because this is a rescission. If he settles with him for other than its price, it is not valid, because it is the sale of the subject matter of the Salam contract before taking possession of it.

Section: That for which it is valid to take a mortgage is every debt established in the liability that can be fulfilled from the mortgage, such as prices of sales, wages in lease agreements, the dowry, compensation for khul', loans, indemnity for injuries, and the values of destroyed items. It is not permissible to take a mortgage for what is not obligatory, nor for that whose outcome is towards obligation, such as blood money (diya) upon the 'aqilah (the tribe/kinship group) before the year has passed; because it has not yet become obligatory, and it is not known that it will necessarily lead to obligation, for if they were to become insane, become poor, or die, it would not become incumbent upon them, so it is not valid to take a mortgage for it. As for after the year, it is permissible to take a mortgage for it, because it has become firmly established in their liability. It is possible that it is permissible to take a mortgage for it before the year, because the original state is the continuation of life, affluence, and sanity. It is not permissible to take a mortgage for the fee (ju'l) in a commission contract (ja'alah) before the work is done, because it has not become obligatory, and it is not known that it will lead to obligation. The Qadi said: It is possible to take a mortgage for it, because its outcome is towards obligation and bindingness, so it resembles the prices of sales. The first [view] is more appropriate, because its leading to obligation is merely probable, so it resembles the blood money before the year has passed. It is permissible to take a mortgage for it after the work is done, because it has become obligatory. It is not permissible to take a mortgage for the kitaba (manumission contract) money, because it is not binding; for the slave has the ability to declare himself incapable, and it is not possible to fulfill his debt from the mortgage, because if he were to become incapable...