the contract entails that the buyer takes ownership of the item sold; its gain belongs to him, and its loss is his to bear. He is its owner. The Prophet ﷺ said: “Entitlement to profit is contingent upon liability.” (1) That is, whoever is entitled to an item’s profit must also bear its loss. It is well known that if this item sold yields a profit, that profit undoubtedly belongs to the buyer. Therefore, if the profit belongs to the buyer, it is not valid for him to stipulate that the seller bear the loss.

The evidence that a condition contrary to what the contract entails is invalid is that the Prophet ﷺ invalidated the seller’s condition that the right of clientage belong to himself in the story of Barīrah. She had entered into a contract with her owners to purchase her freedom for nine awāq of silver, and she came to seek Aisha’s permission. Aisha said: “If your owners wish for me to pay it to them, while your right of clientage belongs to me, [then I will do so].” She went back to her owners, but they refused unless the right of clientage belonged to them. This was conveyed to the Prophet ﷺ, who said: “Take her, and stipulate for them the right of clientage.” So she took her under this condition. Once the contract had been concluded, the Prophet ﷺ delivered a sermon and explained that this condition was invalid, saying: “What is the matter with people who stipulate conditions that are not in the Book of Allah? Every condition not found in the Book of Allah is invalid, even if it be a hundred…”