and this is also a position transmitted from Mālik.

The second position is that the marriage is not dissolved, because the dowry is subsidiary, whereas marriage is an independent contract. This accords with the position of Abū Hanīfa and al-Shāfi‘ī.

According to most of Ahmad’s explicit statements, he permits the seller to require the buyer to perform or refrain from an action concerning what is sold, where this serves a purpose of the seller or benefits what is sold itself. Most of his later followers, however, permit no such condition except emancipation. This latter position is also reported from him, but the former occurs more frequently in his statements.

In al-Khallāl’s al-Jāmi‘, Abū Tālib relates:

“I asked Ahmad about a man who bought a slave woman on condition that he take her as a concubine: she would be a valuable slave woman whose owners wanted him to take her as a concubine rather than employ her in domestic service.”

He replied: “There is nothing wrong with that.”

Muhannā said:

“I asked Abū ‘Abd Allāh about a man who bought a slave woman from another man, who told him: ‘If you wish to sell her, I have the first right to buy her at the price you paid me for her.’”

He replied:

“There is nothing wrong with that. However, he must neither have intercourse with her nor approach her sexually while the seller retains a stipulated right concerning her, because Ibn Mas‘ūd told a man: ‘You must not approach her sexually while anyone retains a stipulated right concerning her.’”

Hanbal reported: ‘Affān narrated to us: Hammād ibn Salama narrated to us, from Muhammad ibn Ishāq, from al-Zuhrī, from ‘Ubayd Allāh ibn ‘Abd Allāh ibn ‘Utba, that Ibn Mas‘ūd bought a slave woman from his wife and agreed to her condition that, if he sold her, she would have her for the price he had paid for her. Ibn Mas‘ūd asked ‘Umar ibn al-Khattāb about this, and he said:

“Do not have intercourse with her while a stipulation concerning her remains in force.”

Hanbal related that his uncle said:

“Every stipulation concerning sexual access is governed by this ruling. A single condition in a sale is permissible, except that ‘Umar disapproved of Ibn Mas‘ūd