yes—as with a shighār (reciprocal exchange) marriage. This is also one report from Mālik. The second is that the marriage is not automatically dissolved, because the dower is merely ancillary, whereas marriage is a contract in its own right. This is the position of Abū Hanīfa and al-Shāfiī.

According to most of Ahmad’s explicit statements, the seller may require the buyer to do, or refrain from doing, something with the property sold when this serves an interest of the seller or of the property itself. Most of Ahmad’s later followers, however, permit only a stipulation requiring manumission. That restriction is also reported from him, but the former view occurs more frequently in his statements.

In al-Khallāl’s Jāmi (Compendium), Abū Tālib reports: “I asked Ahmad, ‘What of a man who purchases a slave woman and agrees to take her as a concubine—she being a valuable slave woman whose family want her taken as a concubine rather than employed as a servant?’ He replied, ‘There is no harm in that.’”

Muhannā said: “I asked Abū Abd Allah about a man who purchased a slave woman from another man, and the seller said to him, ‘If you wish to sell her, I have first right to her at the price for which you bought her from me.’ He replied, ‘There is no harm in that. However, he must neither have intercourse with her nor approach her while the seller retains a stipulated right over her, for Ibn Masūd said to a man: “Do not approach her while anyone retains a stipulated right over her.”’”

Hanbal said: “Affān narrated to us: Hammād ibn Salama narrated to us, from Muhammad ibn Ishāq, from al-Zuhrī, from Ubayd Allah ibn Abd Allah ibn Utba, that Ibn Masūd purchased a slave woman from his wife and granted her the condition that, if he sold the slave woman, his wife could reclaim her at the price for which he had bought her. Ibn Masūd asked Umar ibn al-Khattāb about this, and he replied, ‘Do not have intercourse with her while she remains subject to a stipulation.’”

[Hanbal] said: “My uncle said, ‘Every stipulation relating to sexual access is subject to this ruling.’” A single stipulation in a sale is valid. Umar merely disapproved of Ibn Masūd having intercourse with her because he had granted his wife the stipulated right in question. Thus, Umar disapproved of his having intercourse with her while she remained subject to a stipulation.

Al-Karmānī said: “I asked Ahmad about a man who purchased a slave woman and undertook to her family that he would neither sell her nor give her away.” He appeared to permit this. But if they stipulate that, should he sell her, her former owner will have first right to her at the original price, then he must not approach her.