The ruling on a contract containing an invalid condition
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, inform us: if there is a condition in the contract that contradicts the Shari'ah, is it permissible for me to proceed with the contract along with a warning clause, or is it obligatory for me to object to it during the contract?
The Shaykh:
If the condition is known to be invalid, then you buy, as the Prophet (peace and blessings be upon him) said: because this is known to be invalid, and they know that it is invalid, but they want to change the ruling. However, if they are ignorant of this matter, it is obligatory to clarify it to them.
The questioner:
The Shaykh's case and the judgment.
The Shaykh:
So if they did not know and it became clear that the condition is not permissible, they have the right to proceed with the sale without the condition, and they have the right to annul it to remove the harm from them. But if they knew from the beginning that this condition is forbidden, the sale is valid and the condition is invalid, and they have no right to object. Yes.
Honorable Shaykh, inform us: if there is a condition in the contract that contradicts the Shari'ah, is it permissible for me to proceed with the contract along with a warning clause, or is it obligatory for me to object to it during the contract?
The Shaykh:
If the condition is known to be invalid, then you buy, as the Prophet (peace and blessings be upon him) said:
Buy it, and buy the slave woman who is the mother of a child,
اشتريها واشتري طيلاء أم الولد،The questioner:
The Shaykh's case and the judgment.
The Shaykh:
So if they did not know and it became clear that the condition is not permissible, they have the right to proceed with the sale without the condition, and they have the right to annul it to remove the harm from them. But if they knew from the beginning that this condition is forbidden, the sale is valid and the condition is invalid, and they have no right to object. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع باب شروطه وما نهي عنه منه - 1 — islamhouse.com (47:03)
The Arabic text is a machine transcription of the audio recording.