otherwise, then if she stipulates the contrary, he has no right to travel with her, in view of the previously mentioned evidence for the obligation to fulfill conditions. If he travels with her, however, and after he has done so she suffers psychological harm from that journey, is he obliged to return her to her town, or not?

The answer is: Yes, he is obliged to do so, by analogy with the earlier statement: “He may have physical intimacy with her so long as he does not harm her.” If this journey causes her illness, then he must return her to her town, due to the Prophet’s ﷺ saying: “There should be neither harm nor reciprocating harm.” (1)

May he travel with a bondwoman? He may not travel with her unless travelling with her was stipulated, because the bondwoman is occupied with serving her master, unlike a free woman. Accordingly, the basic ruling regarding a free woman is that he may travel with her unless she stipulates otherwise, whereas the basic ruling regarding a bondwoman is that he may not travel with her unless he stipulates that he will travel with her.

His statement, “He may travel with a free woman unless she stipulates otherwise,” means that she stipulates this expressly; it may likewise be stipulated by customary practice. Thus, if it is an established custom among the people of a given land that a man does not travel with his wife except on the condition that this be stipulated, then that condition is binding. We previously mentioned in the chapter on conditions that the soundest view among the scholars is that all permissible conditions in marriage are binding and must be fulfilled, due to the general evidence establishing the obligation to honor covenants, contracts, and conditions.

But if he is compelled to travel with her and she refuses, may he say: “Either—”