If the seller conditions the buyer not to free the slave, and then he gives him as a gift, is that permissible?
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The questioner : If the seller conditions the buyer not to free the slave.
The Shaykh : Yes.
The questioner : His intention is that ownership remains, meaning in his intention he does not want it to leave his ownership, so if the buyer gives the slave as a gift, is it binding? I mean, is his intention binding?
The Shaykh : If we know that his intention is that he does not want to remove it from his ownership, then there is no harm, so the gift is not permissible. However, even if he gives it as a gift, the giver must tell the recipient not to free him, so that he does not contradict the intention of the first seller.
The questioner : Does this condition only bind the buyer?
The Shaykh : Yes?
The questioner : Because the buyer of the slave is bound by the previous condition?
The Shaykh : Yes, because the first seller intended this for a purpose, yes?
The questioner : I, O Shaykh?
The Shaykh : Yes, yes?
The Shaykh : Yes.
The questioner : His intention is that ownership remains, meaning in his intention he does not want it to leave his ownership, so if the buyer gives the slave as a gift, is it binding? I mean, is his intention binding?
The Shaykh : If we know that his intention is that he does not want to remove it from his ownership, then there is no harm, so the gift is not permissible. However, even if he gives it as a gift, the giver must tell the recipient not to free him, so that he does not contradict the intention of the first seller.
The questioner : Does this condition only bind the buyer?
The Shaykh : Yes?
The questioner : Because the buyer of the slave is bound by the previous condition?
The Shaykh : Yes, because the first seller intended this for a purpose, yes?
The questioner : I, O Shaykh?
The Shaykh : Yes, yes?