Discussion of the three categories of valid conditions in a sale.
Machine translationRead the Arabic original
The Shaykh : Now, let us clarify for you that valid conditions are divided into three categories. The first category is a condition that remains in effect whether it is explicitly stipulated or not, such as the seller delivering the item sold and the buyer paying the price, the price being due immediately, and the like of matters that do not require a specific condition. If such a condition is stipulated, it serves as an affirmation. The second category relates to the benefit of the item sold and is not an independent benefit; that is, it is not a benefit that the seller or the buyer directly utilizes, but rather it is part of the benefit of the contract, such as a pledge, the slave being a scribe, the female slave being a virgin, the animal being a mule, and the like. The third category is a condition of benefit, either for the seller or for the buyer. An example for the seller is if he sells his house and stipulates that he will live in it for a month. An example for the buyer is if he stipulates that the seller will transport the firewood and the like. These are two types. If one combines two conditions in them, the sale is defective according to the view of the author, which is the school of thought (madhhab). However, the correct view is that it is valid and there is no harm in it.
