The second ḥadīth is the report of Barīrah in which the Messenger of God—peace and blessings be upon him—said:
“Every stipulation that is not found in the Book of God is null and void, even if it be a hundred stipulations.”
This ḥadīth is agreed upon as authentic.
The third is the ḥadīth of Jābir, who said:
“The Messenger of God—peace and blessings be upon him—forbade muḥāqalah, muzābanah, mukhābarah, muʿāwamah, and thunyā, and he granted a concession for ʿarāyā.”
This too is in the Ṣaḥīḥ; Muslim recorded it.
Related to this subject as well is what is reported from Abū Ḥanīfah, that he transmitted:
“The Messenger of God—peace and blessings be upon him—forbade a sale accompanied by a condition.”
Because these ḥadīths seem to conflict with respect to “sale and condition,” the scholars disagreed:
• Some held that the sale is invalid while the condition is valid; among them are al-Shāfiʿī and Abū Ḥanīfah.
• Others maintained that both the sale and the condition are valid; among them is Ibn Abī Shubrumah.
• Others declared the sale valid but the condition void; among them is Ibn Abī Laylā.
• Aḥmad held that the sale is valid with one condition but invalid with two.
Those who nullified both sale and condition relied on the generality of the Prophet’s prohibition of “a sale and a condition,” as well as his general prohibition of thunyā. Those who permitted both relied on the ḥadīth of ʿUmar in which a sale and a stipulation are mentioned together. Those who allowed the sale but voided the condition invoked the general wording of the ḥadīth of Barīrah. Those who allowed one condition but not two argued from the ḥadīth of ʿAmr ibn al-ʿĀṣ, recorded by Abū Dāwūd, wherein the Messenger of God—peace and blessings be upon him—said:
“It is not lawful to combine a loan with a sale, nor are two conditions permitted in one sale, nor may anyone reap profit without bearing liability, nor sell what he does not possess.”
As for Mālik, conditions in his view fall into three categories:
- Conditions that render both themselves and the sale invalid.
- Conditions that are permissible, and the sale is likewise permissible.
- Conditions that are void, yet the sale itself remains valid.
It may be thought that he recognizes a fourth category: certain conditions which, if the stipulator insists upon them, annul the sale, but if he waives them, the sale stands. To draw precise lines in his school among these four categories is difficult, and many jurists have attempted it. In essence the matter turns on how greatly the conditions introduce the two forms of corruption that vitiate sales—ribā and gharar—whether that influence is great, slight, or intermediate, or on whether they cause a diminution in ownership. Whenever these elements are abundant because of the condition, he invalidates both sale and stipulation; when they are slight, he permits both; when they are moderate, he voids the stipulation yet upholds the sale. His followers consider his position the most judicious of the schools, for by his method all of the ḥadīths are brought into harmony, and the reconciliation