An increase because of delay in paying a fixed price

Question

Question: Zayd gave Bakr one maund (a unit of weight, ≈ 37 kg) of paddy (unhusked rice) and stipulated with Bakr: “In the month of Paush (a month of the Indian calendar, December–January) I shall take one and a half rupees from you.” But Bakr, being poor, could not pay the rupees at that time, while giving paddy is easy for him. If Zayd takes paddy against this fixed sum at the market rate of that time, is this taking of paddy at this rate in accordance with salam or not?

Answer

This is not salam, because for salam it is necessary that the buyer pays the money first and, having specified the attributes of the object of salam (muslam fihi), receives the object of salam at the fixed time. That did not happen here; rather, he sold one maund of paddy for one and a half rupees and fixed a time for payment of the one and a half rupees.

Source: Fatawa Mahmudiyya

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