Fathul Qorib of English About Salam..

فصل الخ

The section: explanation of the laws of errand (Salam), the salam word and salaf, according to linguist has one meaning, is “errand”, whereas according to canon law is selling something (goods) that is described the characteristic that’s in his burden (seller),  the errand (salam) is not valid, except by final offer (Ijab) and accepting (Qubul).

(ويصح السلم الخ

The errand transaction is valid by cash and maturity date, if the errand contract is taken absolute, so, the errand status becomes cash; it’s according to well opinion. The errand is valid after fulfilling five requirements:

1.      The errand goods must be bounded by characteristic that can discriminated goods that is bespoken, may be by the characteristic can break of inanity to The errand goods. On expressing the characteristic, don’t use manner that become goods form scarcity that is bespoken, is like bespeaking big diamond and women servant (Jariyah) and her sister or her child.

2.      The kind of The errand goods (Muslam Fiih) does mingle with other kinds, so illegal bespeaks goods if the matter is admixture, the matter can not be known its size clearly, is like bespeaking Harisah porridge and the kind of medicine (Ma’jun), if it can be known the form size, so, the errand is valid, is like bespeaking cheese.

3.      The third requirement, is explained by composer (Mushannif) that something that is bespoken it’s not heated in fire for changing, namely the goods puts into fire for discriminating, is like, honeybee and margarine, so it is valid.

4.      The errands goods (Muslam Fiih) needn’t be determined but by debt, if it is determined, is like “I bespeak this shirt to you that wears by this servant,” so, the contract is mentioned the errand contract and it is not mentioned as contract of purchase and sale, it’s according to Qaul Adzhar. 

5.      The errand goods (Muslam Fiih) it’s not from goods that is determined, is like “I bespeak you by this money hulled rice from the stack.

(ثم لصحة الخ

Than, for achieving the errand goods becomes valid, it must fulfill eight requirements, according to part of explanation explains that the errand is valid by eight requirements, namely:

1.      The first requirement is explained on Composer word, the orderer (Muslam) must give characteristic to errand goods (Muslam Fiih) after mentioning the type and kind by some characteristics that can discriminate cost of errand goods (Muslam Fiih), so for orderer (Muslam) bespeaks the servant, for mentioning the types, is like Turkish servant or Indian servant, male or female, age, tall, or his short body or middle and his color, is like white and for giving the characteristic it must be participated in florid or gray. Whereas for bespeaking camel, cow, goad, horse, small antelope and zebra, someone must explain about masculine or female, age, color, and types. And on bespeaking bird, someone must explain about types, big, small, masculine, and female and age, if it can be known. On bespeaking shirt in order to mention the types, is like, the type of cotton plant, cotton or silk and mentioned about the kind, is like the cotton plant from Iraq, and mentioned too, about long, wide, thick, tight, dense, slight, soft, and crude. And must mention is like that for bespeaking others goods, the example, and bespeaking shirt absolutely, it gives meaning the goods is new, it’s not ironed.  

2.      The orderer (Muslam) must Mentioned the measurement of the errand goods (Muslam Fiih) by measurement that can break of inanity, the meaning, the errand goods (Muslam fiih) can be known the approximation about measurement for goods that can be weighted, and the number for something that can be counted and meter for something can be meter.

3.      The third requirement mentioned on composer word, “if the delivery errand by maturity, so, for the Orderer contract  must explains the limit of time of the errand goods, is like: mouth, like that, if it’s have a lot on the goods delivery, if Zaid comes later, so the errand is not valid.

4.      The errand goods (Muslam Fiih) must come in sight, when it’s owned according to habitual, the meaning, the goods is deserved to excepted, therefore, If someone bespeaks goods that doesn’t come in sight after maturity date, is like, bespeaking date palm, in rainy season, it’s not valid.

5.      The orderer must mentioned the place for accepting the errand goods, Muslam Fiih), the meaning, the errand goods delivery place, if the place is not suitable to be the errand goods delivery place, or suitable, but for carrying the goods there, needing cost.

6.      The price of the errand goods is known by approximation, or by looking  the goods price.

7.      Must be receipt from both of them, namely, someone that bespeaks and something that is bespoken, before separating each other, if separating each other before accepting money of the cost of good sold, so the errand is invalid or separating each other after accepting part of  earnest money, so in this problem is Ulama’s deferent on separating the contract, and the meaning of receipt (ijab Qubul) is the right receipt, if someone bespeaks goods moving the earnest money and someone that his right is moved receipting the money, from Muhal alaih in the place, so, it’s not enough.