Is it permissible not to inform the one stipulating a condition that his condition is unlawful, by analogy with the action of the Messenger of Allah (peace and blessings be upon him) with Aisha when he said: "Emancipate her and stipulate allegiance for them," then clarified that "allegiance belongs to the one who emancipates"?
It is not permissible for someone who knows a condition to be void to affirm it, because religion is advice (sincerity), and because Islamic law does not permit affirming falsehood.
Regarding the story of Barirah: 1. The first interpretation: The Prophet's (peace be upon him) statement "Stipulate their loyalty" (i.e., 'al-wala'') might mean "Stipulate loyalty from them," but this is weak. 2. The second interpretation: The meaning of "Stipulate their loyalty" is to make the ruling of 'al-wala'' manifest. 3. The third interpretation: The intent was to rebuke and admonish them, because they insisted on stipulating a void condition. It is as if the Prophet (peace be upon him) said: "Do not worry, for the condition is void and rejected." 4. The fourth (and most correct) interpretation: This condition was specific to Aisha's story, and permitting it then nullifying it was more effective in breaking their habit of such conditions and deterring them from it. A minor harm might be tolerated to achieve a great benefit.
However, if one of the stipulators was deceived by being made to believe that a void condition was valid, then if he was ignorant of the ruling, he has the option [to revoke the agreement]. But if he was aware, he has no option, because he entered into it with full knowledge. This is the preponderant opinion favored by the esteemed scholar Ibn 'Uthaymeen.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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