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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 6 · Page 166Section

Translation · EN

forbade a sale and a condition. The correct position is that the Prophet (may Allah bless him and grant him peace) forbade two conditions in one sale. This is as mentioned by al-Tirmidhi. By its concept, this implies the permissibility of a single condition. Ahmad said: The prohibition is only against two conditions in one sale; as for a single condition, there is no harm in it.

Section: The benefit must be known to both of them in order for its stipulation to be valid, because we have placed it in the same status as leasing (ijara). If one stipulates the transport of firewood to his house, and the seller does not know his house, it is not valid. If one stipulates that he trim it (hadhw) into a sandal, the description of the sandal must be known, just as if he had hired him for that from the beginning. Ahmad said regarding a man who buys a sandal on the condition that he trim it: It is permissible if he intends the strap (shirak). If the work becomes impossible due to the destruction of the sold item before it, or by the death of the seller, the lease is rescinded, and the buyer may seek compensation from him for that. If it becomes impossible due to illness, someone else who can perform the work shall be appointed in his place, and the cost is his obligation, as we stated regarding leasing.

Section: It is valid for the seller to stipulate the benefit of the sold item for a known period, such as selling a house and excluding its habitation for a month, or a camel and stipulating its use for riding to a known location, or a slave and excluding his service for a year. Ahmad explicitly stated this. This is the position of al-Awza'i, Ishaq, Abu Thawr, and Ibn al-Mundhir. Al-Shafi'i and the scholars of opinion (ashab al-ra'y) said: The condition is not valid, due to the Prophet's (may Allah bless him and grant him peace) prohibition against a sale and a condition, and because it contradicts the requirement of the sale, thus resembling a case where one stipulates that

Notes

= in: Chapter on Forbidden Sales, from the Book of Sales 1/398; Nasb al-Raya 4/17, in: Chapter on the Corrupt Sale, from the Book of Sales; and al-Matalib al-'Aliya in: Chapter on what is forbidden of sales, from the Book of Sales. (9) In: Chapter on what has come regarding the dislike of selling what one does not possess, from the chapters on sales. 'Aridat al-Ahwadhi 5/243. It was also reported by Abu Dawud, in: Chapter on a man selling what he does not possess, from the Book of Sales. Sunan Abi Dawud 2/254; al-Nasa'i, in: Chapter on a loan and a sale, which is when one sells a commodity on the condition that he gives him a loan, and Chapter on two conditions in a sale..., from the Book of Sales. al-Mujtaba 7/259; 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. (10) In the original: "ara-hu" (I think/see it).

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