Is it permissible to cite the maxim that says, “What is known by custom is like what is stipulated by condition”?
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The questioner : You ask: Is it permissible to cite the maxim that says, “What is known by custom is like what is stipulated by condition”?
The Shaykh : Yes, “What is consistent in custom is like what is stipulated”, and some people express this maxim by saying, “A customary condition is like a verbal condition”. Allah the Exalted has referred to this maxim in the Noble Book, saying, And the Prophet (peace and blessings be upon him) said regarding women, So, whatever is consistent in custom, such that nothing comes to mind except what people are accustomed to, is like a verbal stipulation. It is obligatory to fulfill it if it is a condition that establishes a right for someone; it is obligatory for the one upon whom the right is incumbent to fulfill it.
The questioner : May Allah reward you with good.
The Shaykh : Yes, “What is consistent in custom is like what is stipulated”, and some people express this maxim by saying, “A customary condition is like a verbal condition”. Allah the Exalted has referred to this maxim in the Noble Book, saying,
And live with them in kindness
وَعاشِروهُنَّ بِالمَعروفِThey are entitled to their food and clothing in kindness
لهن رزقهن وكسوتهن بالمعروفThe questioner : May Allah reward you with good.