What is the meaning of "Every condition not found in the Book of Allah is void"? And is loyalty to the one who freed a condition of the Book of Allah?
The meaning of the , "Every condition not in the Book of Allah is null and void," is the annulment of conditions that have no basis in the .
This applies to conditions that contradict the nature of the contract, by agreement, such as a husband stipulating that he will not divide his time equally among his wives.
As for conditions that are in accordance with the nature of the contract, they are permissible, such as the seller stipulating cash payment.
Al-Nawawi explained that conditions in a sale are of several types:
1. A condition implied by the absolute nature of the contract: Such as the condition of delivering the sold item, which is permissible. 2. A condition that involves a benefit: Such as stipulating a pledge (collateral) or deferring payment, which is permissible. 3. Stipulating the emancipation (of a slave) in the sold item: This is permissible according to the majority of scholars. 4. Any other conditions: Such as a condition to exclude a usufruct (benefit), which the majority of scholars deem invalid and nullifying to the contract, while Ahmad said that one such condition does not nullify it.
The phrase "Loyalty is for the one who emancipates" is not in the Quran, and the meaning of "in the Book of Allah" refers to His law which He prescribed for His servants, and it includes the .
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/59891
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 59891
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy