A group of Ahmad’s followers agree with al-Shāfi‘i on the substance of these principles, but they recognize more exceptions than al-Shāfi‘i does. These include allowing a contractual option for more than three days, allowing the seller to reserve the usufruct of the property sold, and allowing a woman to stipulate that her husband neither relocate her nor place her in rivalry with another woman, along with similar stipulations that serve legitimate interests. They therefore say: Every condition contrary to what a contract entails is invalid, unless it serves the interests of the contracting parties.

This is because Ahmad’s recorded statements indicate that he permitted more conditions in contracts than al-Shāfi‘i did. His followers may thus agree with al-Shāfi‘i on the general principle while recognizing more exceptions on account of countervailing considerations, just as al-Shāfi‘i may agree with Abū Hanīfa on the general principle while recognizing more exceptions than he does on account of countervailing considerations.

These three groups disagree with the Zāhirīs and take a broader approach to contractual conditions than they do, because they accept analogical reasoning, consider underlying meanings, and rely upon reports from the Companions. They also discern meanings in the revealed texts that the Zāhirīs do not. Their principal proof is the well-known account of Barīra, recorded by al-Bukhārī and Muslim in their two Sahīhs from Aisha—may Allah be pleased with her—who said: “Barīra came to me and said, ‘I entered into a contract with my owners to purchase my freedom for nine ūqiyyas, one each year, so help me.’ I replied, ‘If your owners are willing for me to pay the entire sum to them, provided that your patronage belongs to me, I shall do so.’ Barīra went to her owners and told them this, but they refused. She returned from them while the Messenger of Allah ﷺ was sitting there and said, ‘I presented that offer to them, but they refused unless the patronage remained theirs.’ Aisha informed the Prophet ﷺ, and he said, ‘Take her and stipulate that they retain the patronage, for patronage belongs only to the one who emancipates.’ Aisha did so. The Messenger of Allah ﷺ then stood before the people, praised and extolled Allah, and said: ‘To proceed: What is the matter with men who impose conditions that are not in Allah’s Book? Any condition not found in Allah’s Book is invalid, even if there are a hundred conditions. Allah’s judgment is more deserving, Allah’s condition is more binding, and patronage belongs only to the one who