of this beyond doubt. ‘Ā’ishah concluded her contract with them after this announcement by the Messenger of Allah (peace and blessings be upon him). Thus, either they had repented of imposing this condition, or they proceeded with it knowing that it was forbidden. In that case, stipulating it causes no harm. This is what the hadith and its context indicate. There is no difficulty here, and to Allah belong all praise and gratitude.

If, however, someone stipulates such an invalid condition without knowing that it is forbidden, believing it to be binding, the sale is neither binding upon him nor invalid. This is the apparent position of Ahmad’s school. Rather, he may rescind the sale if he did not know that this condition need not be fulfilled. He consented to relinquish ownership only on this condition; if it is not fulfilled, he may reclaim ownership if he wishes, or uphold the sale if he wishes. This is comparable to discovering a defect in the item purchased, or to valid conditions that are not fulfilled: if someone sells on condition that collateral or a guarantor be provided, but it is not provided, he may either rescind or uphold the sale.

The view that the sale is invalid in such a case is weak and contrary to established principles. Rather, it is nonbinding, and the purchaser has the right to rescind it, just like someone who purchases a defective item or an animal whose milk has been left to accumulate in its udder, and similar cases. His right is to be given a choice by being allowed to rescind.

It has also been said within Ahmad’s school that he is entitled to compensation for the shortfall in the price resulting from setting aside this condition, just as a similar view has been expressed concerning a defective item. This is the better-known of the two reports from him. According to the other report, he is entitled only to rescind; compensation is available only by mutual agreement or when returning the item is impossible, as is the position of the majority of jurists. This is the more correct view. For just as the party imposing the condition consented only