Taslim (delivery, handing over, and the greeting of peace)

التسليم

In the lexicon taslim means delivery, handing over and enabling; for jurists it names the greeting of peace, the closing of the prayer, the enabling of possession in contracts, and the delivery of pledges, sureties, wages and dowries. The initiating greeting is a strongly recommended practice, and its reply is obligatory for one person and a communal duty for a group. The first closing salutation is required in prayer for the Malikis, Shafi'is and Hanbalis, while the Hanafis hold it obligatory. In sale, possession comes by enabling: real property is taken by enabling, movables by custom. The payment of capital in a salam must be made at the session of the contract. In a pledge, the debt is paid first, then the pledged item is handed over. ¹ ² ³ ⁴ ⁵

Summary

In the lexicon taslim means delivery, handing over and enabling. For jurists it names the greeting of peace, the closing of prayer, the enabling of possession in contracts, and the handing over of pledges, sureties, wages and dowries. ¹

The greeting

Initiating the greeting is a strongly recommended practice, and returning it is obligatory for the one greeted; when a group is greeted, the reply is a communal duty. ²

Closing the prayer

The first closing salutation is required for the Malikis, Shafi'is and Hanbalis, and the Hanbalis add the second. The Hanafis hold that closing with the greeting is obligatory rather than required. ² ⁶

Taking possession in sale

Possession comes by enabling. Real property is taken by enabling the buyer, for instance by handing over the keys; movables are taken as custom has it. ³

Payment in salam and pledge

The capital in a salam must be handed over in the session of the contract; the Malikis allow up to three days. In a pledge the debt is paid first, then the pledged item is handed over. ⁴ ⁵

Sureties and agency

A surety for a person must produce the bailed person at the agreed time. An agent earns his fee on handing over what he was appointed to deliver. ⁷ ⁸

Where it is discussed

Each part is treated in its own place: sale, salam, pledge, surety, hire, found property, foundling, dowry and guardianship. ⁸ ⁹

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5084

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5085

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5088

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5090

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5092

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5087

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5094

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5095

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5096

Herbage and pasture (kala')

Kala' means herbage, dry or green; in law it is grass that grows without human work. The jurists agree that grass growing on open land such as valleys, mountains and unowned ground is shared, and no one may forbid another to take it or to graze his animals there, on the hadith that Muslims share three things: water, fire and herbage. Grass on owned land belongs to its owner, who may bar entry, though no one may be stopped from taking grass he cannot find elsewhere; the Malikis allow grazing on unplanted ground and do not allow grass in unplanted land to be stopped unless a field nearby is at risk. The imam may reserve unowned land for the herds of the poor-tax and the sadaqa and for the weak, according to the Hanafis, Malikis, Hanbalis and the sounder Shafi'i view, and most jurists allow grazing in the sanctuary of Mecca.