wala' (23), or do not stipulate it. It is for this reason that he said immediately afterwards: "For the wala' belongs only to the one who manumits." Their report has no basis according to what we have mentioned, [and what they mentioned] (24) regarding the meaning in [countering the text] (25) is unacceptable.

Section: If we judge the sale to be valid, the seller has the right to reclaim what the condition reduced from the price. The Qadi mentioned this. The buyer has the right to reclaim the increase in price if he was the one who stipulated the condition, because the seller only consented to sell her for that price due to the benefit he would obtain from the condition, and the buyer only consented to an increase in the price because of his condition. Therefore, if his objective is not attained, it is appropriate that he reclaim what he conceded, just as if he found her to be defective.

Section: If we judge the contract to be void, no ownership is established through it, regardless of whether possession took place or not. The buyer's disposal of it through sale, gift, manumission, or otherwise is not effective. This is the opinion of al-Shafi'i. Abu Hanifah held the view that ownership is established if possession takes place, and the seller has the right to reclaim it, taking it back along with any detached increase, unless the buyer has disposed of it in a manner that prevents reclamation, in which case he takes its value. He used the hadith of Barirah as evidence, for Aishah purchased her with the condition of wala', then she manumitted her, and the Prophet (peace and blessings of Allah be upon him) approved the manumission even though the sale was void. Also, because the buyer is in a position where he owns the sold item initially through a contract, and the liability for compensation for a contract that involves empowerment has occurred upon him, it is mandatory that he own it, just as if the contract were valid. Our position is that it is something possessed via a void contract, so he does not own it, just as if the price were a carcass or blood. As for the hadith of Barirah, it only indicates the validity of the contract, not what they have mentioned. It is not in the hadith that Aishah purchased her