and region, and the type, if it varies. Others are for construction; he must mention the type, color, quantity (60), and weight. Regarding stone vessels, he must mention the color, type, quantity (60), smoothness, and weight. He must describe crystal by its attributes. He must describe baked bricks and adobe by the location of the soil, color, circumference, and thickness. If he enters into a Salam contract for gypsum and lime (61), he must mention the color and weight. He must not accept what has been reached by water and then dried, nor what has aged to an extent that it affects it. He defines earth with similar [criteria], and he accepts mud that has dried if it is not affected by that.
Section: He defines amber by its color and region. If he stipulates a piece or two, it is permissible. If he does not stipulate it, he may give him small or large pieces. It has been said (62) that amber is a plant that Allah the Exalted creates on the shores of the sea. He defines Indian oud by its region and what it is known by. He defines mastic, frankincense, Arabic glue, tree gum, musk, and all other things for which a Salam contract is permissible, by the attributes in which they differ.
774- Issue: He said: (If it is with a known measure, or a known weight, or a known number.)
This is the third condition: knowing the amount of the commodity subject to the Salam contract by measure if it is measurable, by weight if it is weighable, and by count if it is countable, based on the statement of the Prophet (peace and blessings of Allah be upon him): "Whoever enters into a Salam contract for something, let him do so for a known measure, or a known weight, for a known term" (2). This is because it is a substitute that is not witnessed, which is established in the liability, so it is required to know its amount, like a price. We know of no disagreement regarding the consideration of knowing the amount. It is obligatory to estimate it with a measure or weights known to the public. If he estimates it with a specific container (3) or a specific weight-stone that is not known, it is not valid, because it might perish, making it impossible to know the amount (4) of the commodity in the Salam contract, and this is an uncertainty (gharar) that the contract does not require. Ibn al-Mundhir said: All scholars we have memorized from are in consensus that a Salam contract for food is not valid with a qafiz whose calibration is unknown, nor for a garment with someone's [specific] measure; because if the standard were destroyed, or that person died, the Salam contract would be void; among them are al-Thawri, al-Shafi'i, Abu Hanifah and his companions, and Abu Thawr. If he specifies a man's measure or his scale, and they are known to the public, it is permissible; it is not restricted to them. If they are not known, it is not permissible.
(60) In the original: "and the qadd" (an apparent typo for qadr). (61) Al-nawrah: Lime stone. (62) Omitted from: The original. (1) In copy M: "aslama" (entered into a Salam contract). (2) Its takhrij (citation) was previously provided on page 384.