The difference between stipulations in a sale and the conditions of a sale may be considered from four perspectives:

First: the conditions of a sale are prescribed by the Lawgiver, whereas stipulations in a sale are laid down by the contracting parties.

Second: the validity of a sale depends on its conditions, whereas the binding nature of a sale depends on its stipulations. Thus, the sale is valid, but it is not binding, because if the person entitled to the stipulation is not granted what was stipulated for him, he has the option to rescind.

Third: the conditions of a sale cannot be waived, whereas stipulations in a sale may be waived by the person for whose benefit the stipulation was made.

Fourth: all the conditions of a sale are valid and legally recognized, since they are prescribed by the Sacred Law. As for stipulations in a sale, some are valid and legally recognized, while others are neither valid nor legally recognized, because they are laid down by people, and people may be right or may err. These, then, are four differences between stipulations in a sale and the conditions of a sale.

Do these distinctions also apply between the conditions of marriage and stipulations in a marriage contract?

Yes, they do. Such stipulations may occur in a sale or in other contracts.

Question: With regard to stipulations in a sale, what is considered effective: that which is made within the contract itself, after the contract, or before the contract?

The established position in the madhhab is that what is considered effective is that which is made within the contract itself or during the period of either of the two options: the option of the session and the stipulated option.