that are invalid, without exception. Abū Hanīfa recognized the validity of a three-day option to rescind only because of the transmitted report; he regarded this as a case of juristic preference.

Al-Shāfiʿī agrees with him that every stipulation contrary to what a contract entails is invalid, but makes exceptions where specific evidence warrants them. Thus, he does not permit stipulating an option to rescind lasting more than three days, reserving the use of the item sold, or similar arrangements involving delayed delivery. He even prohibited leases commencing at a later date, because taking possession—which the lease entails—does not immediately follow the contract. Nor does he permit stipulations restricting the purchaser’s unrestricted disposal of the property, except a stipulation requiring emancipation, because of the Sunnah evidence and underlying rationale supporting it. He does, however, permit the reservation of a benefit by operation of the Sharia, as in selling property already under lease, according to the correct position in his school, or selling trees whose fruit remains to be harvested under an established right to leave it on them, and similar cases.

He permits some stipulations in marriage but not others. He does not permit a woman to stipulate that she remain in her own home or town, nor stipulations barring her husband from taking another wife or a concubine. He permits stipulating that she be free and Muslim, and likewise, according to the correct position in his school, other desired qualities, such as beauty. He is among those who hold that marriage may be annulled on account of a defect or insolvency, and that it is rendered invalid by stipulations incompatible with it, such as specifying a fixed term or stipulating divorce, and by shighār marriage. An invalid dowry and similar matters, however, do not have this effect.

A group of Ahmad’s followers agree with the substance of these principles of al-Shāfiʿī, but allow more exceptions than he does, such as an option to rescind lasting more than three days, the seller’s reservation of the use of the item sold, and a woman’s stipulating that her husband not relocate her