The ruling on a salam sale when the contracted goods are not delivered at the fixed time

Question

Question: Zayd gave ‘Amr some money on the condition that at the autumn harvest he would give Zayd paddy (unhusked rice) at the rate of four kilos per rupee. As it happened, ‘Amr did not have enough paddy to be able to give it to Zayd. Now Zayd has said to ‘Amr: “For that money of mine which I have already given, and for the value that comes out by today’s rate — for all of it I will take paddy at the next harvest.” Is it permissible for the contracting parties to buy and sell in the manner described?

Answer

Now the transaction in this form is not permissible. It is binding to abide by the transaction that was concluded when the money was given; or else the transaction is to be cancelled and the amount of money that was given returned. Thus it is in al-Durr al-Mukhtar.

Source: Fatawa Mahmudiyya

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