The Prophet (may Allah bless him and grant him peace) forbade 'thunya' (exception) unless it is known. This [instance] is known. Moreover, the benefit may occur as an exception by Islamic law upon the purchaser in cases where one buys an artificially pollinated palm tree, planted land, a leased house, or a married slave woman; thus, it is permissible to except it, just as if the seller stipulates the fruit before pollination. The prohibition of the Prophet (may Allah bless him and grant him peace) regarding a sale and a condition is not valid; rather, he forbade two conditions in one sale, so its implication is the permissibility of a single condition. Their analogy is invalidated by the stipulation of the option (khiyar) and the deferment of the price.

Section: If he sells a slave woman and stipulates her intercourse for a known period, it is not permissible. This is because intercourse is not permitted except through ownership or marriage, according to the words of the Almighty: {And they who guard their private parts, except from their wives or those their right hands possess, for indeed, they are not to be blamed. But whoever seeks beyond that, then those are the transgressors}. This differs from the stipulation of intercourse with a mukataba (a slave under a contract of manumission) where we permit it; because a mukataba is owned, so her intercourse is permitted by the condition within the owned subject. Ibn 'Aqil chose the view that her intercourse is also not permitted, which is the opinion of most jurists.

Section: If the purchaser sells the asset whose benefit was excepted, the sale is valid, and it remains in the hands of the second purchaser as an exception as well. If he was aware of that, he has no option (to rescind), because he entered into it with full knowledge, so no option is established for him, just as if he bought a defective item while knowing its defect. If he did not know, he has the option to rescind, because it is a defect; it is as if he bought a married slave woman or a leased house. If the purchaser destroys the asset, he is liable for the fair rental value (ujrat al-mithl) due to the loss of the benefit owed to someone else.