with its purpose [for its purpose is] ownership, while emancipation may itself be an intended purpose of the contract, since a slave is often purchased with the intention of emancipating him. Thus, establishing the right of patronage does not conflict with the purpose of the contract; rather, it conflicts with Allah’s Book and His condition, as the Prophet (peace and blessings be upon him) explained when he said: “Allah’s Book has the greater right, and Allah’s condition is more binding.” If a condition conflicts with the purpose of the contract, the contract is a nullity; and if it conflicts with the Lawgiver’s purpose, it is contrary to Allah and His Messenger. If, however, it contains neither of these two defects, it is neither futile nor does it contain anything that Allah and His Messenger have prohibited. There is therefore no basis for prohibiting it; rather, it must be deemed lawful, because it is a deliberate undertaking that people need—for had they no need of it, they would not undertake it. Indeed, undertaking an act is a presumptive indication that it is needed. Since its prohibition has not been established, it is deemed permissible on the basis of the provisions in the Book and the Sunnah that remove hardship.

Moreover, contracts and conditions admit of only the following possibilities. It may be said that they are neither lawful nor valid unless a specific legal proof establishes their permissibility—whether a revealed text, consensus, or, according to the majority, analogy—as we mentioned regarding the first view. Or it may be said that they are neither lawful nor valid until revelatory evidence establishes their permissibility, even if that evidence is general. Or it may be said that they are valid and not prohibited unless the Lawgiver prohibits them through specific or general evidence.

The first view is false, because the Book and the Sunnah establish the validity of contracts and transfers of possession that took place while the parties were in a state of unbelief, and Allah commanded that they be honored provided they contained nothing prohibited after Islam. Exalted is He, who said in the verse concerning usury: “O you who believe, fear Allah and relinquish what remains of usury, if you are truly believers” [al-Baqarah: 278] [al-Baqarah]. He commanded them to relinquish the outstanding usurious dues owed to them, but He did not command them to return what they had already received under usurious contracts. Rather, the implication of the verse—upon which practice has been unanimous—