Is it permissible to have two conditions in a sale, and how is the hadith that mentions this to be understood?
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The questioner : Can I ask another question?
The Shaykh : Fine, there is no objection.
The questioner : I read in the book of sales from the books of the Hanbalis a hadith of the Messenger of Allah (peace and blessings be upon him): We read, for example, in some books like Manar al-Sabil or al-Zad, that although the jurists permit buying an item, transporting it, and unloading it, how is this hadith to be understood?
The Shaykh : The understanding of the hadith is that the words of the Prophet (peace and blessings be upon him and his family) 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 case falls under the issue of 'inah, and the issue of 'inah is: a person sells an item for a deferred price, then buys it back from the one who sold it to him for less in cash. For example, he says: I sold you this car for fifty thousand over a year, then he buys it from him for forty thousand in cash. This is the issue of 'inah, and it is forbidden, whether they agreed on it beforehand or not. This hadith is explained: in that the meaning of the two conditions is 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, such as: conditioning on a man the transport of the goods and their unloading, then this opinion is weak. The correct view is that if conditions are combined, even a thousand conditions, and they are known conditions that can be fulfilled, then they are permissible, due to the generality of the saying of Allah the Exalted:[Al-Ma'idah 5:1], 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 its attributes, so they are included in it. And due to His saying the Exalted: [Al-Isra 17:34], and what is narrated from the Prophet (peace and blessings be upon him and his family) of his saying: And although there is much discussion in the chain of this hadith, it is supported by the authentic hadith of Aisha in the two Sahihs that the Prophet (peace and blessings be upon him and his family) said: Sunan Ibn Majah 2521Sahih (Darussalam)
The questioner : Another question, O Shaykh?
The Shaykh : If the brothers permit it, because the custom is one question.
The Shaykh : Fine, there is no objection.
The questioner : I read in the book of sales from the books of the Hanbalis a hadith of the Messenger of Allah (peace and blessings be upon him):
It is not permissible to have two conditions in a sale.
لا يحل شرطان في بيعThe Shaykh : The understanding of the hadith is that the words of the Prophet (peace and blessings be upon him and his family) 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 case falls under the issue of 'inah, and the issue of 'inah is: a person sells an item for a deferred price, then buys it back from the one who sold it to him for less in cash. For example, he says: I sold you this car for fifty thousand over a year, then he buys it from him for forty thousand in cash. This is the issue of 'inah, and it is forbidden, whether they agreed on it beforehand or not. This hadith is explained:
It is not permissible to have a loan in a sale, nor two conditions in a sale.
لا يحل سلف في بيع، ولا شرطان في بيعAs for what the jurists (may Allah have mercy on them) held, that if two conditions are combined, the contract is not valid, such as: conditioning on a man the transport of the goods and their unloading, then this opinion is weak. The correct view is that if conditions are combined, even a thousand conditions, and they are known conditions that can be fulfilled, then they are permissible, due to the generality of the saying of Allah the Exalted:
O you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِAnd fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned.
وَأَوْفُوا بِالْعَهْدِ إِنَّ الْعَهْدَ كَانَ مَسْئُولاًThe Muslims are bound by their conditions, except a condition that makes the forbidden lawful or the lawful forbidden.
المسلمون على شروطهم إلا شرطاً أحلَّ حراماً أو حرم حلالاًEvery conditions that is not in the Book of Allah (SWT) is invalid
كل شرط ليس في كتاب الله فهو باطلThe questioner : Another question, O Shaykh?
The Shaykh : If the brothers permit it, because the custom is one question.