its delivery in its location. Al-Qadi and Abu al-Khattab said: Whenever the place of delivery is mentioned, there are two reports, whether he stipulated it at the place of the contract or elsewhere, because it involves uncertainty (gharar), as it might become impossible to deliver it in that place, so it resembles specifying the measuring vessel. Abu Bakr chose this view. This is not correct; for in specifying the place, there is a purpose and benefit for both of them, so it resembles specifying the time. What they mentioned regarding the possibility of delivery becoming impossible is invalidated by the [practice of] specifying the time. Furthermore, either the requirement of the contract is delivery at its location—in which case stipulating it is merely stipulating what the contract requires—or it is not the requirement of the contract, in which case it becomes necessary to mention the place of delivery to negate ignorance regarding it and to cut off dispute; thus the uncertainty lies in omitting it, not in mentioning it. It differs from specifying the measuring vessel, for there is no need for that, and by doing so, the knowledge of the quantity stipulated for the validity of the contract is lost, which leads to dispute. In our issue, no condition is lost [by specifying the place], and it terminates dispute. The principle that prevents estimation by a specific unknown vessel is [actually] the one that necessitates stipulating the place of delivery; so how could their analogy to it be valid?

779 - Issue: He said: (And selling the Salam object [al-muslam fihi] to its seller, or to someone else, before taking possession of it, is corrupt [fasid]. Likewise is partnership [sharikah] in it, transferring it [tawliya], and transferring debt through it [hawala bihi], whether it is food or otherwise.)

As for selling the Salam object before taking possession of it, we know of no disagreement regarding its prohibition. The Prophet (peace and blessings of Allah be upon him) forbade selling food before taking possession of it, and [forbade] the profit on what is not guaranteed. Because it is a sold item that has not entered into his liability (daman), it is not permitted to sell it, like food before taking possession of it. As for partnership and transferring it, they are also not permitted, because they are a [form of] sale, as we mentioned before. Most scholars hold this view. It was narrated from Malik that partnership and transfer are permitted, because of what was narrated from the Prophet (peace and blessings of Allah be upon him) that he forbade selling food before taking possession of it, yet granted a concession regarding partnership and transfer. To us [the Hanbalis], it is an exchange in the Salam object