Fiqh of Trade 2 - Conditions of Transactions (A)

بِسْم الله الرحمن الرحيم

Conditions of Transactions

The jurists defined condition as, "Obligating one of the two parties (of the sale) by the other, for the benefit of the latter"

And they stated that a condition is invalid if it's made before or after concluding the contract. It has to be made at the time of the transaction, and embedded in the contract.

The conditions are divided into two types:

1) Valid Conditions

2) Invalid Conditions 

All conditions in trade transactions are originally legal, except for those invalidated and prohibited by the Lawgiver. 

Valid Transactional Conditions 

This is of two types:

1) Conditions which ensure and consolidate the contract, and benefits the one who sets such conditions.

This is with regards to the contract.

E.g. Those made by the seller - You have to give a deposit of a certain amount of money.

2) Conditions which one of the two parties stipulates, benefitting from the commodity in a lawful way.

This is with regards to the commodity.

E.g. The seller of the house may offer to sell it but they want to live in it for 6 months before it's yours

The Prophet ﷺ purchased a camel from Jabir, while they were coming back from war. Jabirs camel was suffering and was weak, so the Prophet ﷺ enquired after it and offered to buy it. The Prophet ﷺ made a dua, and the camel became very fast and strong. They agreed on a price, but Jabir stipulated that he would sell it, only if the Prophet ﷺ let him ride it until they reached Madinah.

Some scholars said it was the Battle of Tabuk, but Ibn Hajar said that that is unlikely, it looks like it happened Dhat ar-Riqa, which happened a year after Uhud.

When they arrived, the Prophet ﷺ order Bilal to give the money to him. He took it and walked off. The Prophet ﷺ called him back, and told him to take the money and the camel. The Prophet ﷺ didn't want the camel, but to give him a gift. This is the generosity of the Prophet ﷺ. And yet three new moons would be born, and not a single day was fire ignited to cook food in his house. The power of Tawakkul and Taqwa makes a person act in such a way.

There are Scholars who deem it invalid, but the Hadith is clear.