If one enters into a Salam contract for the fruit of a specific orchard, there is no guarantee against its scarcity or loss, and thus it is not valid, just as if one were to enter into a Salam contract for something he measured with a specific measure, a specific weight, or if he brought a piece of cloth and said, "I have entered into a Salam contract with you for the equivalent of this."

Section: It is not a condition that the subject of the Salam be present at the time of the contract. Rather, it is permissible to enter into a Salam contract for fresh dates (rutab) in winter, and for anything nonexistent, provided it is generally available at the time of delivery. This is the opinion of Malik, al-Shafi'i, Ishaq, and Ibn al-Mundhir. Al-Thawri, al-Awza'i, and the scholars of opinion (ashab al-ra'y) said: It is not permissible unless its genus is present at the time of the contract until the time of delivery, because every time could potentially become the time of delivery due to the death of the one who received the Salam (muslam ilayh), so its existence therein is considered, just like the time of delivery. Our evidence is that the Prophet, peace and blessings be upon him, arrived in Medina while they were entering into Salam contracts for fruits for one or two years, and he said: "Whoever enters into a Salam contract, let him do so for a known measure, [and a known weight, for a known term]." He did not mention presence (at the time of the contract), and had it been a condition, he would have mentioned it, and he would have forbidden them from Salam contracts for two years, because that necessitates the possibility of the subject of the Salam being cut off during the middle of the year. Also, because it is established as a liability (dhimma) and is generally found at its time of delivery, the Salam contract is permissible for it, just as it is for what is currently present. We do not concede that a debt becomes due upon death, and even if we were to concede it, it does not follow that this presence must be a condition, as if that were required, it would lead to the terms of the Salam being unknown, and the time of delivery is whatever the contracting parties designate as the time, and here they have not designated it.

Section: If delivery of the subject of the Salam becomes impossible at the time of delivery, either due to the absence of the subject of the Salam or the inability of the one who received the Salam to deliver it, such that the subject of the Salam does not exist, or the fruits did not bear that year, then the person who paid the money (muslim) has the option between waiting until it is found to demand it, or rescinding the contract and getting his money back if it exists, or its equivalent if it is a fungible item, otherwise its value. This is the opinion of al-Shafi'i, Ishaq, and Ibn al-Mundhir.