In the hadith: (And not two conditions in one sale), we said the intended meaning is the condition that contains a legal prohibition. Is the prohibition derived from other evidence, even if it were a single condition?
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The questioner : May Allah bless you. We said regarding the saying of the Prophet (peace and blessings be upon him) Sunan an-Nasa'i 4630Sahih (Darussalam) that the intended meaning is the condition that contains a legal prohibition.
The Shaykh : Yes.
The questioner : If it were said, O Shaykh, that this legal prohibition is actually forbidden by other evidence.
The Shaykh : Yes.
The questioner : Other than the legal prohibition, even if it were a single condition, it is ... .
The Shaykh : The general is restricted by the specific.
The questioner : And he?
The Shaykh : And it is two conditions, meaning they are prohibited.
The questioner : From the Prophet (peace and blessings be upon him) ... the hadith of Jabir ...
The Shaykh : Because some things are not prohibited unless they are combined, and if they are separate, they are valid. For example, what we mentioned regarding the condition of a sale and a loan.
The questioner : Is one of them valid?
The Shaykh : Yes. So the important point is that the Messenger said, meaning that they do not fall under the prohibition when they are joined together.
The questioner : The time is up, the time is up, O Shaykh.
The Shaykh : Yes.
The questioner : (may Allah have mercy on him) "So if he conditions that there be no loss on him, or that if the sold item perishes he will return it, or that he will not sell it or give it as a gift or ... or if he frees a slave, the clientage belongs to him, or that he does such and such, the condition alone is invalid, except if he conditions the freeing of a slave".
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. It has been mentioned to us that some conditions are defective and invalidate the contract. So what are they? Brother?
The questioner : ...
The Shaykh : The defective conditions that invalidate the contract.
The questioner : Such as if he conditions, O Shaykh.
The Shaykh : The one next to you.
The questioner : I, O Shaykh?
The Shaykh : Yes.
The questioner : You did not attend the last lesson.
The Shaykh : I did not attend, Sharafi?
The questioner : Listen, O Shaykh. The defective condition that invalidates is like conditioning one of them on the other as another condition, so ...
The Shaykh : Another condition?
The questioner : Yes.
The Shaykh : Another condition.
The questioner : Another contract.
The Shaykh : Another contract?
The questioner : Combining two conditions in one contract.
The Shaykh : Combining two conditions in one contract?
The questioner : Like a sale, a forward sale, and a loan.
The Shaykh : It is not valid, yes?
The questioner : Conditioning one of them on the other as another contract in the same ... .
The Shaykh : That he conditions one of them on the other as another contract in the same contract. What is the example? Yes, an example.
The questioner : That he conditions to sell him a commodity ...
The Shaykh : I sold you my house on the condition that you rent me your house.
The questioner : ... .
The Shaykh : That you rent me your house.
The questioner : Yes, ... .
The Shaykh : Huh? I sold you this house on the condition that you rent me your house for a year. This is it. It combines a sale and a lease, so it is not valid. Okay, let's go, Ahmad al-Ghanim? I sold you this house on the condition that you pledge me your house for its price.
The questioner : ... Again? ... Again?
The Shaykh : I sold you my house for one hundred thousand on the condition.
or to stipulate two conditions in one transaction
ولا شرطان في بيعThe Shaykh : Yes.
The questioner : If it were said, O Shaykh, that this legal prohibition is actually forbidden by other evidence.
The Shaykh : Yes.
The questioner : Other than the legal prohibition, even if it were a single condition, it is ... .
The Shaykh : The general is restricted by the specific.
The questioner : And he?
The Shaykh : And it is two conditions, meaning they are prohibited.
The questioner : From the Prophet (peace and blessings be upon him) ... the hadith of Jabir ...
The Shaykh : Because some things are not prohibited unless they are combined, and if they are separate, they are valid. For example, what we mentioned regarding the condition of a sale and a loan.
The questioner : Is one of them valid?
The Shaykh : Yes. So the important point is that the Messenger said
The two conditions in a sale
الشرطان في بيعThe questioner : The time is up, the time is up, O Shaykh.
The Shaykh : Yes.
The questioner : (may Allah have mercy on him) "So if he conditions that there be no loss on him, or that if the sold item perishes he will return it, or that he will not sell it or give it as a gift or ... or if he frees a slave, the clientage belongs to him, or that he does such and such, the condition alone is invalid, except if he conditions the freeing of a slave".
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. It has been mentioned to us that some conditions are defective and invalidate the contract. So what are they? Brother?
The questioner : ...
The Shaykh : The defective conditions that invalidate the contract.
The questioner : Such as if he conditions, O Shaykh.
The Shaykh : The one next to you.
The questioner : I, O Shaykh?
The Shaykh : Yes.
The questioner : You did not attend the last lesson.
The Shaykh : I did not attend, Sharafi?
The questioner : Listen, O Shaykh. The defective condition that invalidates is like conditioning one of them on the other as another condition, so ...
The Shaykh : Another condition?
The questioner : Yes.
The Shaykh : Another condition.
The questioner : Another contract.
The Shaykh : Another contract?
The questioner : Combining two conditions in one contract.
The Shaykh : Combining two conditions in one contract?
The questioner : Like a sale, a forward sale, and a loan.
The Shaykh : It is not valid, yes?
The questioner : Conditioning one of them on the other as another contract in the same ... .
The Shaykh : That he conditions one of them on the other as another contract in the same contract. What is the example? Yes, an example.
The questioner : That he conditions to sell him a commodity ...
The Shaykh : I sold you my house on the condition that you rent me your house.
The questioner : ... .
The Shaykh : That you rent me your house.
The questioner : Yes, ... .
The Shaykh : Huh? I sold you this house on the condition that you rent me your house for a year. This is it. It combines a sale and a lease, so it is not valid. Okay, let's go, Ahmad al-Ghanim? I sold you this house on the condition that you pledge me your house for its price.
The questioner : ... Again? ... Again?
The Shaykh : I sold you my house for one hundred thousand on the condition.