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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 6 · صفحة 322

الترجمة · EN

It was said to Abu Abd Allah: "Indeed, these people dislike a condition in a sale." He shook his hand and said: "A single condition is fine in a sale; the Messenger of Allah, peace and blessings of Allah be upon him, only forbade two conditions in a sale." The hadith of Jabir indicates the permissibility of a condition, as he sold him his camel and stipulated its use for the ride to Medina [2]. There is a difference of opinion regarding the interpretation of the two conditions that are prohibited. It is narrated from Ahmad that they are two valid conditions that are not related to the benefit of the contract. Ibn al-Mundhir recorded from him and from Ishaq, regarding someone who bought a garment and stipulated that the seller tailor it and shrink it, or bought food and stipulated that it be ground and transported, that if he stipulates one of these things, the sale is permissible, but if he stipulates two conditions, the sale is void. The Qadi also interpreted the two voiding conditions in his "Sharh" in a manner similar to this interpretation. Al-Athram narrated from Ahmad the interpretation of the two conditions as: that one buys it on the condition that he does not sell it to anyone, and that he has intercourse with her. Thus, he interpreted it as two corrupt conditions. Ismail ibn Sa'id [3] narrated from him regarding the two conditions in a sale, that one says: "If I sell it to you [4], then I have more right to it for the price," and "that you serve me for a year." The outward meaning of Ahmad's words is that the two prohibited conditions are those of this nature. However, if one stipulates two or more conditions that are from the requirements of the contract or its benefit—such as selling it on the condition of an option, deferment, collateral, a guarantor, or on the condition that he delivers the sold item or the price—this does not affect the contract even if they are many. The Qadi said in "al-Mujarrad": The outward meaning of Ahmad's words is that whenever one stipulates two conditions in the contract, it becomes void, whether they are valid or invalid, whether for the benefit of the contract or not, taking this from the outward meaning of the hadith and acting upon its generality. Al-Shafi'i and the scholars of opinion did not differentiate between the two conditions, and they narrated that the Prophet, peace and blessings of Allah be upon him,

الحواشي

= from the Book of Sales. Al-Mujtaba 7/254, 259. And al-Darimi, in: Chapter on the prohibition of two conditions in a sale, from the Book of Sales. Sunan al-Darimi 2/253. And Imam Ahmad, in: Al-Musnad 2/179. (2) Its documentation was mentioned previously on page 167. (3) In the copies: "Said". See our biography of him in: 1/37. (4) In the original: "bi'tuha" (I sold it).

السابقمجلد 6 · صفحة 322التالي
السابق6·322التالي