their conditions." And because it is the statement of those we have named from the Companions, and we know of no opponent to them in their era, so it constitutes a consensus (ijma'). Al-Athram narrated with his chain of transmission that a man married a woman and stipulated for her [the retention of] her house, then he wanted to move her; they disputed the matter before Umar, and he said: "She has her condition." The man said: "Then you are divorcing us." Umar said: "The definitive resolutions of rights are [found] at the conditions." And because it is a condition for her in which there is a benefit and a purpose that does not prevent the intent of the marriage, thus it is binding, just as if she stipulated against him an increase in the dowry or [payment in] other than the currency of the land. His saying, peace be upon him: "Every condition that is not in the Book of Allah is void," means: not in the judgment of Allah and His Law, [and this is lawful], and we have already mentioned what indicates its lawfulness, given that the disagreement is on its lawfulness and regarding whom that evidence refutes. As for their saying that this makes the lawful forbidden: We say: It does not forbid a lawful thing; rather, it establishes for the woman the option of annulment if he does not fulfill it for her. As for their saying: It is not in the interest of the contract: We say: We do not concede that; for it is in the interest of the woman, and whatever is in the interest of the contracting party is in the interest of his contract, like the stipulation of a pledge and a guarantor in a sale; then it [the contract] becomes invalid by an excess over the dowry of a peer and the stipulation of other than the currency of the land. Once it is established that it is a binding condition and he does not fulfill it for her, she has the right of annulment; for this reason, the one against whom Umar ruled regarding the binding nature of the condition said: "Then you are divorcing us." Umar did not pay heed to that and said: "The definitive resolutions of rights are [found] at the conditions." And because it is a binding condition in a contract, the right of annulment is established by failing to fulfill it, like the pledge and the guarantor in a sale.

Section: If she stipulates that he should divorce her co-wife, the condition is not valid, because of what Abu Hurayra narrated, saying: The Prophet (peace be upon him) forbade a woman from stipulating the divorce of her sister [co-wife]. And in a wording, the Prophet (peace be upon him) said: