the capital of the Salam contract, then they have taken it for something that is not obligatory, nor is its outcome towards obligation, because that has already been 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.

Section: If he takes a mortgage or a guarantor for the subject matter of the Salam contract, and then they mutually agree to rescind (taqayala) the Salam contract, or the contract is annulled due to the inability to provide the subject matter of the Salam, the mortgage becomes void because the debt for which the mortgage was held has ceased to exist, the guarantor is released from liability, and the one who was subject to the Salam contract must return the Salam capital immediately. Its possession is not required to take place within the session because it is not a substitute. If he lends him one thousand [dirhams] and takes a mortgage for it, then they reach a settlement (sulh) regarding the thousand for a specific amount of food in his liability, it is valid, the mortgage ceases to exist because his debt in the liability has ceased to exist, and the food remains in the liability. Possession of it is required within the session so that it does not become a sale of debt for debt. If they separate before possession, the settlement is void, and the thousand returns to his liability with its mortgage, because it reverts to what it was upon, like grape juice when it ferments and then returns to being vinegar. Likewise, if he settles the dirhams for dinars in his liability, the ruling is the same as we have explained in this issue.

Section: When we rule that the guarantee of a Salam contract is valid, the holder of the right has the option to demand payment from whichever of the two he wishes, and whichever of them fulfills it, both of their liabilities are discharged. If the one subject to the Salam contract hands over the subject matter of the Salam to the guarantor for him to deliver it to the Muslim (the buyer), it is permissible, and he acts as an agent. If he says, "Take it for what you guaranteed on my behalf," it is not valid, and it is considered a void possession for which he is held liable, because he is only entitled to receive it after the fulfillment [of the obligation]. If...