Compare two agreements:
1. “Deliver 100 pieces of cloth in 3 months,” with no clear size or grade. The intended goods are insufficiently defined.
2. “Deliver 100 pieces of the agreed size and grade in 3 months,” with full advance payment. This is far more determinate and may qualify if the remaining salam requirements are satisfied.
Advance payment alone never cures ambiguity. Specified goods, known quantity and the other legal conditions work together.
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Contrasting determinate and indeterminate bargains
Bab al-Salam: Fabric, Gems, Bricks and Precise Specification
Compare two agreements:
1. “Deliver 100 pieces of cloth in 3 months,” with no clear size or grade. The intended goods are insufficiently defined.
2. “Deliver 100 pieces of the agreed size and grade in 3 months,” with full advance payment. This is far more determinate and may qualify if the remaining salam requirements are satisfied.
Advance payment alone never cures ambiguity. Specified goods, known quantity and the other legal conditions work together.