I bring you the price at such-and-such a time; otherwise, there is no sale between us.” This is because it makes rescission contingent upon a condition. Yet here they say that it is invalid, despite the Prophet’s saying: “The conditions most deserving of fulfillment are those by which you have made private relations lawful.” (1)
The correct view is that it is permissible, and that when the specified period expires, the marriage is dissolved. But is the bridal gift then due? Yes—if consummation has taken place. Once the factors that make the bridal gift binding are present, it becomes fully due. If they say, “You may not consummate the marriage until you have paid the bridal gift,” then they have the right to do so.
In al-Rawḍ (2), he says: “Or if she stipulates that he travel with her.” They say that this is invalid, but this too is incorrect. If she stipulates that he travel with her, it is like stipulating an increase in the bridal gift or maintenance. Thus, if she says, “On condition that you travel with me to Mecca for the pilgrimage,” what prevents such a condition? Or: “On condition that you travel with me to Riyadh so that I may visit my maternal aunt, my paternal aunt, my paternal uncle,” or the like. The correct view is that it is valid. Yes, if she says, “On condition that you travel with me to lands to which travel is not permissible,” then the condition is invalid.
Likewise, al-Rawḍ states: “Or that she may summon him for intercourse whenever she wishes.” They say that this condition is invalid.
Similarly, if she stipulates that she will not make herself available to him for a year, they say that the marriage is valid but the condition is invalid. The correct view, however, is that it is valid, and this is the practice of people today. At times, he marries her and they stipulate that he is not to consummate the marriage with her, except