Chapter: Stipulations in a Sale

Stipulations is the plural of stipulation. Linguistically, it means a sign, as in Allah’s statement:

“Are they only waiting for the Hour to come upon them suddenly? Yet its signs have already come.” [Muhammad 47:18]

Technically, its meaning depends on the matter to which it relates. It may refer to that upon which validity depends—that is, something whose absence necessitates absence, while whose presence does not necessitate existence. It differs from a cause, for the presence of a cause necessitates the existence of its effect. They share, however, the fact that their absence necessitates absence.

Thus, ablution is a condition for the validity of prayer: its absence necessitates that the prayer is invalid. But does its presence necessitate the existence of prayer? No, for a person may perform ablution and not pray.

The same applies to the aforementioned conditions of a sale: their absence necessitates absence, but their presence does not necessitate existence, since all the conditions may be fulfilled while an impediment exists—for example, if a sale is concluded after the second call to the Friday prayer by someone upon whom the Friday prayer is obligatory.

Stipulations in a sale differ from the conditions of a sale.

Stipulations in a sale are when one of the two contracting parties obligates the other to something that the contract itself does not require; the same applies in other contracts.

As for what the contract itself requires, stipulating it is merely by way of emphasis.