Conditions

كتاب الشروط

Chapter 15: The conditions of Jihad and peace treaties

Narrated Az-Zuhri

`Urwa said, "Aisha told me that Allah's Messenger (ﷺ) used to examine the women emigrants. We have been told also that when Allah revealed the order that the Muslims should return to the pagans what they had spent on their wives who emigrated (after embracing Islam) and that the Muslims should not keep unbelieving women as their wives, `Umar divorced two of his wives, Qariba, the daughter of Abu Umayyah and the daughter of Jarwal Al-Khuza`i. Later on Mu`awiya married Qariba and Abu Jahm married the other." When the pagans refused to pay what the Muslims had spent on their wives, Allah revealed: "And if any of your wives have gone from you to the unbelievers and you have an accession (by the coming over of a woman from the other side) (then pay to those whose wives have gone) the equivalent of what they had spent (on their Mahr)." (60.11) So, Allah ordered that the Muslim whose wife has gone, should be given, as a compensation of the Mahr he had given to his wife, from the Mahr of the wives of the pagans who had emigrated deserting their husbands. We do not know any of the women emigrants who deserted Islam after embracing it. We have also been told that Abu Basir bin Asid Ath-Thaqafi came to the Prophet (ﷺ) as a Muslim emigrant during the truce. Al-Akhnas bin Shariq wrote to the Prophet (ﷺ) requesting him to return Abu Basir.

Chapter 16: Conditions in loans

Narrated Abu Huraira

Allah's Messenger (ﷺ) mentioned a person who asked an Israeli man to lend him one-thousand Dinars, and the Israeli lent him the sum for a certain fixed period.

Chapter 17: Al-Mukatab conditions which contradict Allah's Laws

Jabir bin Abdullah, may God be pleased with them, said in the domains of whom they are between them. Ibn Umar said, or Omar, every condition that violates the Book of God, is a falsehood, and if he is a condition of a condition. And Abu Abdullah said that it is said about both of them on the authority of Omar and Ibn Omar.
Narrated `Amra

Aisha said that Barirah came to seek her help in the writing of her emancipation. `Aisha said to her, "If you wish, I will pay your masters (your price) and the wala' will be for me." When Allah's Messenger (ﷺ) came, she told him about it. The Prophet (ﷺ) said to her, "Buy her (i.e. Barirah) and manumit (free) her, for the Wala is for the one who manumits." Then Allah's Messenger (ﷺ) ascended the pulpit and said, "What about those people who stipulate conditions which are not in Allah's Laws? Whoever stipulates such conditions as are not in Allah's Laws, then those conditions are invalid even if he stipulated a hundred such conditions."

Chapter 18: What kinds of conditions are permissible; and what is exempted from the decision

And the conditions that people know among themselves, and if he says a hundred but one or two. Ibn 'Awn said that Ibn Sirin said that a man said to a hateful person, "Bring your passengers, and if I do not leave with you on such and such a day, you have one hundred dirhams." But he did not go out, and Shurayh said that he was obedient and not coerced, for he is against him. Job said of Ibn Sirin, that a man sold food, and said, "If I do not come to you on Wednesday, there is no sale between you and me." But he did not come, and Shurayh said to the buyer, "You have fallen behind." He destroyed it.
Narrated Abu Huraira

Allah's Messenger (ﷺ) said, "Allah has ninety-nine names, i.e. one-hundred minus one, and whoever knows them will go to Paradise." (Please see Hadith No. 419 Vol. 8)

Chapter 19: Conditions in Waqf (i.e., religious endowment)

Narrated Ibn `Umar

Umar bin Khattab got some land in Khaibar and he went to the Prophet (ﷺ) to consult him about it saying, "O Allah's Messenger (ﷺ) I got some land in Khaibar better than which I have never had, what do you suggest that I do with it?" The Prophet (ﷺ) said, "If you like you can give the land as endowment and give its fruits in charity." So `Umar gave it in charity as an endowment on the condition that would not be sold nor given to anybody as a present and not to be inherited, but its yield would be given in charity to the poor people, to the Kith and kin, for freeing slaves, for Allah's Cause, to the travelers and guests; and that there would be no harm if the guardian of the endowment ate from it according to his need with good intention, and fed others without storing it for the future."