He shall not take possession of it in bulk (juzafan), nor by any means other than what it is measured by, because measurement and weight differ. If he takes possession of it in such a manner, it is as if he had taken it in bulk. Therefore, he should measure it according to the standard for which he entered into the Salam contract, take the amount of his due, return the remainder, and demand the substitute. Whether he has the right to dispose of the portion that is his right before verifying it is a matter of two opinions, which were discussed previously under the sales of specific goods (buyu' al-a'yan). If they disagree regarding its quantity, the statement is that of the person receiving it, along with his oath. Al-Qadi said: He shall hand over to him the full capacity of the measuring container and what it holds, not leveled off (mamsuhan), and it shall not be tapped down nor shaken, because his statement, "I entered into a Salam contract with you for a qafiz," necessitates what the measuring container holds and what it carries, which is what we have mentioned.

783 - Issue: He said: (And it is not permissible to take a mortgage (rahn), nor a guarantor (kafil) from the one who is subject to the Salam contract [the seller]).

There is a difference of opinion in the reports regarding the mortgage and the guarantor in a Salam contract. Al-Marwudhi, Ibn al-Qasim, and Abu Talib reported a prohibition of that, which is the choice of al-Khiraqi and Abu Bakr. The dislike (karahah) of that was also reported from Ali, Ibn Umar, Ibn Abbas, al-Hasan, Sa'id ibn Jubayr, and al-Awza'i. Hanbal reported its permissibility. 'Ata', Mujahid, 'Amr ibn Dinar, al-Hakam, Malik, al-Shafi'i, Ishaq, the scholars of opinion (ashab al-ra'y), and Ibn al-Mundhir all granted concessions for it, due to the saying of Allah the Almighty: "O you who have believed, when you contract a debt..." up to His saying: "...then let there be security (rihan) in hand." It has been reported from Ibn Abbas and Ibn Umar that what is intended by this is the Salam contract. This is also because the wording is general, thus encompassing the Salam contract in its generality. Furthermore, it is one of the two types of sales, so it is permissible to take a mortgage for what is in the liability (dhimmah) regarding it, just like in sales of specific goods. The argument for the first view is that if the mortgagor and the guarantor took it based on the Salam capital, they have taken it for something that is not obligatory, nor is its outcome towards obligation, because that is already owned by the one who is subject to the Salam contract. If they took it based on the subject matter of the Salam contract, the mortgage is only permissible for something that can be fulfilled from the price of the mortgage, and the subject matter of the Salam contract cannot be fulfilled from the mortgage, nor from the liability of the guarantor. Moreover, he is not secure from the loss of the mortgage in his possession through hostility, in which case he becomes one who has fulfilled his right from something other than the subject matter of the Salam contract, and the Prophet (peace and blessings of Allah be upon him) said: "Whoever enters into a Salam contract for something, let him not exchange it for something else." Narrated by Abu Dawud. It is also because he is substituting what is in the liability of the guarantor for what is in the liability of the party originally responsible, which is tantamount to taking compensation and a substitute for it, and this is not permissible.