For the object of the Salam (forward sale) is inherently non-existent, because the Salam was only established as a concession for the benefit of the destitute (al-mafalis); thus, a term is necessary for it to be produced and delivered. This is realized by the shortest duration in which it is conceivable to produce it. Our argument is that the term was only considered to realize the benefit for which the Salam was legislated, and this is not achieved by a duration that has no significance regarding the price. Nor is it valid to consider it based on the duration of an option (khiyar), because an option is permissible for a single hour, while this (the term) is not, and the term may be for years, whereas they (the Hanafis) do not permit an option for more than three days. Furthermore, its being the limit of the minimum does not necessitate estimation by it. Their statement that the intended purpose is achieved in the shortest duration is incorrect; for the Salam is only due to the need of the destitute who have fruits, crops, or trades they expect to realize, and these are not realized within a short duration.

Section: On the term being known by the crescent moons. This is to enter into a Salam contract until a time known by the crescent moon, such as the beginning of the month, its middle, its end, or a known day within it, according to the words of the Almighty: {They ask you, [O Muhammad], about the new moons. Say, "They are measurements of time for the people and for Hajj"} [Al-Baqarah: 189]. There is no disagreement regarding the validity of deferment by this. If one enters a Salam contract until the day of Eid al-Fitr, or Eid al-Adha, or the day of 'Arafah, or 'Ashura, or the like, it is permissible, because it is known by the crescent moons. If he makes the term estimated by other than the lunar months, this is of two categories: the first is what the Muslims know and is famous among them, such as Kanun and Shubat, or a holiday that does not vary, such as the Nayruz and the Mihrajan, according to those who know them. The apparent meaning of the words of al-Khiraqi and Ibn Abi Musa is that it is not valid, because he has entered into a Salam contract until other than the lunar months. It is similar to if he had entered into a Salam contract until Palm Sunday (al-sha'anin) or the Feast of Unleavened Bread (al-fatir), and because many Muslims do not know these, it is similar to what we have mentioned. The Qadi said: It is valid. This is the view of al-Awza'i and al-Shafi'i. Al-Awza'i said: If one enters a Salam contract until the Easter (fash) of the Christians and their fasting, it is permissible, because it is known and does not vary, being similar to the holidays of the Muslims. It differs from that which varies, for it is not known to the Muslims.