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Question:
Assalamu’alaikum (greetings), Ustadz, may Allah always have mercy on you, I’d like to ask you, what os the difference between salaam transaction and selling the goods that is not yet in our possession, since there is still a vagueness between the two goods for me. Thank you for your answer, may Allah reward you for that.
Abu Abdirrahman
Answer:
Wa’alaikumussalam warahmatullahi wa barakatuh
All praises be to Allah, peace and prayer of Allah be upon Prophet Muhammad, his family, and his companions.
Brother Abu Abdirrahman, may Allah the Exalted always bless you.
The differences between a salam contract and selling the non-owned goods is very clear. Here are several points of differences between the two:
In salam contract, the selling is based on criteria, not by certain appointed goods. Thus, in this type of contract, you are free to get the goods from anywhere as long as it suits the agreed criteria. Whereas in the selling of non-owned goods, the goods is already being specified, not the criteria. Thus, the seller is not free to bring any goods although it fulfills similar criteria. For example: In salam contract, A ordered unhulled rice from merchant B, with the criteria: cisadane type, it is the harvest of year 2009, and weighing 1 ton. Thus, B is free to bring unhulled rice from his own field or to buy it from anyone’s field. Whereas in selling the non-owned goods: A bought the unhulled rice that is the harvest of C field from merchant B. Thus, A would not accept the unhulled rice from the harvest of D field, although the quality and type are similar to harvest of C field.
In salam contract, the payment must be paid off in advance. Whereas in the selling of non-owned goods, the payment might be paid off in advance, or in debt, or by paying some money in advance and the rest will be paid off when the goods is being handed over.
And Allah know best.
Ustadz Dr. Muhammad Arifin Badri, M.A.
Article of www.syaria.com
