Clarification of the Hadith: (Two conditions are not permissible in a sale)
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[Clarification of the Hadith: (Two conditions are not permissible in a sale)]
I read in the book of sales from the books of the Hanbalis, such as *Manar al-Sabil* or others, the hadith of the Messenger of Allah (peace and blessings be upon him): (Two conditions are not permissible in a sale), even though the jurists permit the purchase of an item, its transport, and its delivery.
How is this hadith reconciled?
The reconciliation of the hadith is that the words of the Prophet (peace and blessings be upon him) explain one another, and there is no contradiction in them,The two conditions in a sale are when the seller says to the person: I sold this commodity to you for ten deferred, on the condition that you sell it back to me for eight in cash.
so the issue applies to the issue of *'inah*,And the issue of *'inah* is: where a person sells an item for a deferred price and then buys it back from the one who sold it to him for a lower cash price,For example, he says: "I sold you this car for fifty thousand over a year, and then you buy it from him for forty thousand cash." This is the issue of *'inah*, and it is forbidden, whether they agreed on it beforehand or not,And this hadith is explained by: (A loan is not permissible in a sale, nor are two conditions permissible in a sale), the meaning of the two conditions being the sale of *'inah*.
As for what the jurists (may Allah have mercy on them) held, that if two conditions are combined, the contract is not valid,For example: that one conditions upon a man the transport and delivery of the goods, then this opinion is weak, and the correct view is that if conditions are combined, even if they amount to a thousand conditions, and they are known and can be fulfilled, then they are permissible;Due to the generality of His saying, the Exalted: [Al-Ma'idah: 1], and the command to fulfill contracts includes fulfilling the original contract and what was conditioned in it; because the conditions in a contract are among the attributes of the contract, so they are included in it,And by His saying, Exalted is He: [Al-Isra: 34], and what is narrated from the Prophet (peace and blessings be upon him) in his saying: (Muslims are bound by their conditions, except a condition that makes the forbidden lawful or the lawful forbidden). And although there is much discussion regarding the chain of this hadith, it is supported by the authentic hadith of A'ishah in the two Sahihs that the Prophet (peace and blessings be upon him and his family) said: (Every condition that is not in the Book of Allah is invalid). The implication is: Every condition that does not contradict the Book of Allah is valid.
I read in the book of sales from the books of the Hanbalis, such as *Manar al-Sabil* or others, the hadith of the Messenger of Allah (peace and blessings be upon him): (Two conditions are not permissible in a sale), even though the jurists permit the purchase of an item, its transport, and its delivery.
How is this hadith reconciled?
The reconciliation of the hadith is that the words of the Prophet (peace and blessings be upon him) explain one another, and there is no contradiction in them,The two conditions in a sale are when the seller says to the person: I sold this commodity to you for ten deferred, on the condition that you sell it back to me for eight in cash.
so the issue applies to the issue of *'inah*,And the issue of *'inah* is: where a person sells an item for a deferred price and then buys it back from the one who sold it to him for a lower cash price,For example, he says: "I sold you this car for fifty thousand over a year, and then you buy it from him for forty thousand cash." This is the issue of *'inah*, and it is forbidden, whether they agreed on it beforehand or not,And this hadith is explained by: (A loan is not permissible in a sale, nor are two conditions permissible in a sale), the meaning of the two conditions being the sale of *'inah*.
As for what the jurists (may Allah have mercy on them) held, that if two conditions are combined, the contract is not valid,For example: that one conditions upon a man the transport and delivery of the goods, then this opinion is weak, and the correct view is that if conditions are combined, even if they amount to a thousand conditions, and they are known and can be fulfilled, then they are permissible;Due to the generality of His saying, the Exalted: