a number of authors of works on jurisprudence, but it is not found in any of the hadith collections. Ahmad and other scholars rejected it, stating that it was unknown and that authentic hadiths contradicted it. The recognized jurists unanimously agree—and I know of no dissent from anyone else—that stipulating a quality in the object of sale or the like, such as requiring a slave to be a scribe or craftsman, or specifying the length of a piece of cloth or the size of a tract of land, and similar matters, constitutes a valid condition.

[The Second Position: Contracts and Conditions Are Presumed Permissible and Valid]

The second position is that contracts and conditions are, in principle, permissible and valid. None of them is forbidden or invalid unless the Sacred Law indicates its prohibition and invalidity, whether through a revealed text or by analogy, according to those who recognize analogy as proof. Most of the legal principles expressly transmitted from Ahmad accord with this position. Mālik’s position is close to it, though Ahmad upheld the validity of conditions more often. Among the four jurists, none upheld the validity of conditions more often than he did.

In most instances where Ahmad upholds a contract or one of its conditions, [he substantiates it] with specific evidence from a transmitted report or analogy. However, he does not regard the first group’s argument as precluding validity, nor does he object to a condition merely because it conflicts with the legal effect of the contract or because no revealed text specifically addresses it. Reports concerning contracts and conditions had reached him from the Prophet—may Allah bless him and grant him peace—and the Companions that were unavailable to the other imams. He therefore adopted their rulings and, by analogy with them, extended the same ruling to comparable cases. As for any text upon which others relied to invalidate conditions, he might judge it weak or find its indication unconvincing. Likewise, he might find the analogy upon which they relied to be weak. Some of his followers may instead rely upon the general texts of the Book and the Sunnah—which we shall mention—to uphold the validity of conditions. One example is allowing an option to rescind to extend beyond three days without restriction. Mālik permits this to the extent required, while Ahmad, according to one of the two reports from him, also permits an option-to-rescind clause in marriage. Ibn Hāmid and others permit such a clause in suretyship