What is the meaning of "There are not two conditions in a sale"?
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Question:
What is the meaning of His saying:Sunan an-Nasa'i 4630Sahih (Darussalam)?
Answer:
On its apparent meaning, according to a group of scholars, while others interpreted it as referring to two sales in one sale. Its apparent meaning is that one should not stipulate two conditions in a sale that are outside the scope of the contract, i.e., two extra conditions, but one is fine. For example, when Jabir sold a camel to the Prophet (peace and blessings be upon him), he said: "O Messenger of Allah, I stipulate that I remain with it until I reach Madinah," and the Prophet (peace and blessings be upon him) granted him that condition.
So if one buys a house on the condition that he lives in it for a month, two months, or a year, or buys a car and says: "I am selling it to you, but on the condition that I go to such-and-such a place with it," or the like, that is acceptable. As for two conditions, such as the seller or the buyer stipulating two conditions that are outside the sale, unlike those related to the price or the item sold, which are part of its description, such as saying: "I am selling you a slave who is a writer, an adult, with such-and-such a description," these, even if numerous, are part of the description of the item sold. But the thing that is external and distant, which is not among the attributes of the item sold, is like what the jurists mentioned: carrying firewood and breaking it, or stipulating that you carry the animals and cook them. According to a group of scholars, this is not valid; only one condition is allowed.
What is the meaning of His saying:
or to stipulate two conditions in one transaction
لا شرطان في بيعAnswer:
On its apparent meaning, according to a group of scholars, while others interpreted it as referring to two sales in one sale. Its apparent meaning is that one should not stipulate two conditions in a sale that are outside the scope of the contract, i.e., two extra conditions, but one is fine. For example, when Jabir sold a camel to the Prophet (peace and blessings be upon him), he said: "O Messenger of Allah, I stipulate that I remain with it until I reach Madinah," and the Prophet (peace and blessings be upon him) granted him that condition.
So if one buys a house on the condition that he lives in it for a month, two months, or a year, or buys a car and says: "I am selling it to you, but on the condition that I go to such-and-such a place with it," or the like, that is acceptable. As for two conditions, such as the seller or the buyer stipulating two conditions that are outside the sale, unlike those related to the price or the item sold, which are part of its description, such as saying: "I am selling you a slave who is a writer, an adult, with such-and-such a description," these, even if numerous, are part of the description of the item sold. But the thing that is external and distant, which is not among the attributes of the item sold, is like what the jurists mentioned: carrying firewood and breaking it, or stipulating that you carry the animals and cook them. According to a group of scholars, this is not valid; only one condition is allowed.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
