under Islamic law. Thus, if the seller stipulates that I must not sell it to anyone, this contradicts what the contract entails, since the implication of the contract is that I may dispose of it. How, then, can he restrain me?!
As for that which contradicts the contract in its unrestricted sense, an example would be if I sold you this item and stipulated that the price be deferred. This contradicts the contract in its unrestricted sense, but it does not contradict what the contract entails, because the contract has been concluded now. However, it differs from the unrestricted sense of the contract, since that normally entails that you pay the price in cash and that I deliver the item sold immediately as well. Thus, there is a difference between saying that something contradicts what the contract entails and saying that it contradicts the contract in its unrestricted sense. For we say that every stipulation in a contract contradicts its unrestricted sense, because its unrestricted sense is that there be no stipulations.
His statement, “such as a pledge”: a pledge is among the valid stipulations, and it is generally stipulated by the seller.
If the seller stipulates that the buyer provide a pledge as security for the price, the stipulation is valid, because it serves the interest of both the seller and the buyer. If the buyer does not accept this condition, the seller will not sell to him, and he will then be deprived of the commodity he wants.
For example, the buyer says, “I have bought this item from you for one hundred.” The seller replies, “I have sold it to you, but I want you to provide me with a pledge.” So he provides him with a pledge. This stipulation is valid because it does not contradict what the contract entails; rather, it makes the contract stronger and more secure. The seller is now reassured when he knows that the price for which he sold it is secured by a pledge, for the benefit of a pledge is that, if payment is not made, it is sold and the price is recovered from it.
His statement, “and deferring the price”: this is stipulated by the buyer, unlike the first case,