or that the slave be a eunuch or a Muslim, and that a female slave be a virgin, and the like. Likewise, it is valid for the seller to stipulate that he may live in the property sold for a month, for example, or that a camel must carry him—or his goods—to a specified place; and for the buyer to require the seller to transport firewood, or split it, or to sew a garment, or tailor it.
If two such conditions are combined—such as both transporting and splitting the firewood—the sale is void, just as it is void if the contract is linked to another contract such as a salam forward sale, a loan, a sale,1 a lease, a currency exchange, or if it is suspended on a future contingency.
Should one stipulate that he will incur no loss, or that if the commodity perishes it may be returned, or that the buyer may not sell it or give it away, or that, if he emancipates the slave, the right of allegiance (walāʾ) belongs to the seller,2 the condition is invalid while the sale itself remains sound, and the party whose aim has been defeated may annul the transaction.
It is permissible to stipulate manumission, and to say, “I sell this to you on condition that you hand me the price by such-and-such a date; otherwise there is no sale between us.” If he fails to pay, the contract is automatically dissolved. No weight is given to a pledgee’s statement, “If I bring you your due at such-and-such a time, otherwise the pledge becomes yours,” or anything similar.3
Whoever sells on the proviso “I am free from liability for every defect” is not absolved unless he specifies the defect or the buyer releases him after the sale. If one sells a piece of cloth, for instance, on the basis that it is ten cubits long and it proves to be less—or more—the sale remains valid in proportion to its actual measurement; and anyone who was unaware of this and whose purpose is thereby frustrated is entitled to rescind.4