Types of Conditions in the Marriage Contract (Hadith No. 2380)

Bismillah.

Ahadith 2373 – 2379 (below) are repeats. See linked text for related posts.

Volume 3, Book 50, Number 875 :
Narrated by Jarir (radiallaahu `anhu)
When I gave the pledge of allegiance to Allah’s Apostle (sallallaahu `alayhi wasallam) and he stipulated that I should give good advice to every Muslim.

Volume 3, Book 50, Number 876 :
Narrated by Jabir bin ‘Abdullah (radiallaahu `anhu)
I gave the pledge of allegiance to Allah’s Apostle (sallallaahu `alayhi wasallam) for offering the prayers perfectly paying the Zakat and giving good advice to every Muslim.

Volume 3, Book 50, Number 877 :
Narrated by Abdullah bin Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “If someone sells pollinated date-palms, their fruits will be for the seller, unless the buyer stipulates the contrary.”

Volume 3, Book 50, Number 878 :
Narrated by Urwa
Aisha (radiallaahu `anhaa) told me that Buraira came to seek her help in writing for emancipation and at that time she had not paid any part of her price. ‘Aisha (radiallaahu `anhaa) said to her, “Go to your masters and if they agree that I will pay your price (and free you) on condition that your Wala’ will be for me, I will pay the money.” Buraira told her masters about that, but they refused, and said, “If ‘Aisha wants to do a favor she could, but your Wala will be for us.” Aisha (radiallaahu `anhaa) informed Allah’s Apostle (sallallaahu `alayhi wasallam) of that and he said to her, “Buy and manumit Buraira as the Wala’ will go to the manumitted.“

Volume 3, Book 50, Number 879 :
Narrated by Jabir (radiallaahu `anhu)
While I was riding a (slow) and tired camel, the Prophet (sallallaahu `alayhi wasallam) passed by and beat it and prayed for Allah’s Blessings for it. The camel became so fast as it had never been before. The Prophet (sallallaahu `alayhi wasallam) then said, “Sell it to me for one Uqiyya (of gold).” I said, “No.” He again said, “Sell it to me for one Uqiyya (of gold).” I sold it and stipulated that I should ride it to my house. When we reached (Medina) I took that camel to the Prophet (sallallaahu `alayhi wasallam) and he gave me its price. I returned home but he sent for me (and when I went to him) he said, “I will not take your camel. Take your camel as a gift for you.” (Various narrations are mentioned here with slight variations in expressions relating the condition that Jabir had the right to ride the sold camel up to Medina).

Volume 3, Book 50, Number 880 :
Narrated by Abu Huraira (radiallaahu `anhu)
The Ansar said to the Prophet (sallallaahu `alayhi wasallam), “Divide our date-palms between us and our emigrant brothers.” The Prophet (sallallaahu `alayhi wasallam) said, “No.” The Ansar said to the emigrants, “You may do the labor (in our gardens) and we will share the fruits with you.” The emigrants said, “We hear and obey.”

Volume 3, Book 50, Number 881 :
Narrated by Abdullah bin Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) gave the land of Khaibar to the Jews on the condition that they would work on it and cultivate it and they would get half of its yield.

Today’s Hadith:

Volume 3, Book 50, Number 882 :
Narrated by Uqba bin Amir (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “From among all the conditions which you have to fulfill, the conditions which make it legal for you to have sexual relations (i.e. the marriage contract) have the greatest right to be fulfilled.”

The basic principle with regard to the conditions stipulated by both partners in the marriage contract is that it is a valid condition that must be fulfilled, and it is not permissible to break it.

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:

The basic principle with regard to conditions in the marriage contract is that they are valid, unless there is proof to show that they are not valid. The evidence for that is the general meaning of the evidence which speaks of fulfilling covenants:

“O you who believe! Fulfil (your) obligations” [al-Maa’idah 5:1]

“And fulfil (every) covenant. Verily, the covenant will be questioned about” [al-Isra’ 17:34]

And in the hadeeth narrated from the Messenger (blessings and peace of Allah be upon him) it says: “The Muslims are bound by their conditions, except a condition that forbids what is permissible or permits what is forbidden.” Narrated by al-Tirmidhi (1352). And he (blessings and peace of Allah be upon him) said: “Whoever stipulates a condition that is not in the Book of Allaah it is not valid, even if he stipulates a hundred times.” Narrated by al-Bukhaari (2155) and Muslim (1504).

To sum up, the basic principle with regard to conditions is that they are permissible and valid, whether they are to do with marriage, buying and selling, renting, pledges or mortgages, or awqaaf. The ruling on the conditions that are stipulated in contracts, if they are valid, is that they must be fulfilled, because of the general meaning of the verse (interpretation of the meaning):

“O you who believe! Fulfil (your) obligations” [al-Maa’idah 5:1].

Al-Sharh al-Mumti’, 5/241 (Egyptian edition).

With regard to the woman stipulating that the husband should not take a second wife, the opinion of some scholars is that this condition is permissible, and if the husband breaks it, the wife has the right to annul the marriage and take her dues in full.

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:

If she stipulates that he should not take another wife, this is permissible. Some of the scholars said that it is not permissible, because it is restricting the husband in something that Allah has permitted to him, and it is contrary to the Qur’aan in which it says (interpretation of the meaning): “then marry (other) women of your choice, two or three, or four” [al-Nisa’ 4:3]. It may be said in response to that that she has a reason to ask him not to marry another wife and she is not transgressing against anyone. The husband himself is the one who is giving up his right; if he has the right to marry more than one, he is giving it up. So what is to prevent this condition being valid?

Hence the correct view with regard to this matter is the view of Imam Ahmad (may Allah have mercy on him), which is that this condition is valid.

Al-Sharh al-Mumti’, 5/243

Read this to know about the basic requirements of a marriage contract.

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Muslims are Bound by their Stipulations (Hadith No. 2372)

Bismillah.

Ahadith 2369 – 2371 (below) are repeats. See linked text for related posts.

Volume 3, Book 49, Number 871 :
Narrated by Urwa bin Az-Zubair
Az-Zubair (radiallaahu `anhu) told me that he quarrelled with an Ansari man who had participated in (the battle of) Badr in front of Allah’s Apostle (sallallaahu `alayhi wasallam) about a water stream which both of them used for irrigation. Allah’s Apostle (sallallaahu `alayhi wasallam) said to Az-Zubair (radiallaahu `anhu), “O Zubair! Irrigate (your garden) first, and then let the water flow to your neighbor.” The Ansari became angry and said, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! Is it because he is your cousin?” On that the complexion of Allah’s Apostle (sallallaahu `alayhi wasallam) changed (because of anger) and said (to Az-Zubair), “Irrigate (your garden) and then with-hold the water till it reaches the walls (surrounding the palms).” So, Allah’s Apostle (sallallaahu `alayhi wasallam) gave Az-Zubair (radiallaahu `anhu) his full right. Before that Allah’s Apostle had given a generous judgment beneficial for Az-Zubair (radiallaahu `anhu) and the Ansari, but when the Ansari irritated Allah’s Apostle (sallallaahu `alayhi wasallam) he gave Az-Zubair (radiallaahu `anhu) his full right according to the evident law. Az-Zubair (radiallaahu `anhu) said, “By Allah ! I think the following Verse was revealed concerning that case: “But no, by your Lord! They can have no faith until they make you judge in all disputes between them.” (4.65)

Volume 3, Book 49, Number 872 :
Narrated by Jabir bin Abdullah (radiallaahu `anhu)
My father died and was in debt. I suggested that his creditors take the fruits (i.e. dates) of my garden in lieu of the debt of my father, but they refused the offer, as they thought that it would not cover the full debt. So, I went to the Prophet (sallallaahu `alayhi wasallam) and told him about it. He said (to me), “When you pluck the dates and collect them in the Mirbad (i.e. a place where dates are dried), call me (Allah’s Apostle).” Finally he came accompanied by Abu Bakr and ‘Umar (radiallaahu `anhumaa) and sat on the dates and invoked Allah to bless them. Then he said, “Call your creditors and give them their full rights.” So, I paid all my father’s creditors in full and yet thirteen extra Wasqs of dates remained, seven of which were ‘Ajwa and six were Laun or six of which were Ajwa and seven were Laun. I met Allah’s Apostle (sallallaahu `alayhi wasallam) at sunset and informed him about it. On that he smiled and said, “Go to Abu Bakr and ‘Umar (radiallaahu `anhumaa) and tell them about it.” They said, “We perceived that was going to happen, as Allah’s Apostle (sallallaahu `alayhi wasallam) did what he did.”

Volume 3, Book 49, Number 873 :
Narrated by Abdullah bin Kab
That Ka’b bin Malik (radiallaahu `anhu) told him that in the lifetime of Allah’s Apostle (sallallaahu `alayhi wasallam) he demanded his debt from Ibn Abu Hadrad in the Mosque. Their voices grew louder till Allah’s Apostle (sallallaahu `alayhi wasallam) heard them while he was in his house. So he lifted the curtain of his room and called Ka’b bin Malik saying, “O Ka’b!” He replied, “Labbaik! O Allah’s Apostle (sallallaahu `alayhi wasallam)!” He beckoned to him with his hand suggesting that he deduct half the debt. Ka’b (radiallaahu `anhu) said, “I agree, O Allah’s Apostle!” Allah’s Apostle (sallallaahu `alayhi wasallam) then said (to Ibn Abu Hadrad), “Get up and pay him the rest.”

Kitaab-us-Sulh [Book of Peacemaking] ends here.

Today’s Hadith:

Kitaab-ush-Shuroot [Book of Conditions] starts today..

Volume 3, Book 50, Number 874 :
Narrated by Marwan and al-Miswar bin Makhrama (radiallaahu `anhumaa)
(from the companions of Allah’s Apostle (sallallaahu `alayhi wasallam)) When Suhail bin Amr agreed to the Treaty (of Hudaibiya), one of the things he stipulated then, was that the Prophet (sallallaahu `alayhi wasallam) should return to them (i.e. the pagans) anyone coming to him from their side, even if he was a Muslim; and would not interfere between them and that person. The Muslims did not like this condition and got disgusted with it. Suhail did not agree except with that condition. So, the Prophet (sallallaahu `alayhi wasallam) agreed to that condition and returned Abu Jandal (radiallaahu `anhu) to his father Suhail bin ‘Amr. Thenceforward the Prophet (sallallaahu `alayhi wasallam) returned everyone in that period (of truce) even if he was a Muslim. During that period some believing women emigrants including Um Kalthum bint Uqba bin Abu Muait (radiallaahu `anhaa) who came to Allah’s Apostle (sallallaahu `alayhi wasallam) and she was a young lady then. Her relatives came to the Prophet (sallallaahu `alayhi wasallam) and asked him to return her, but the Prophet (sallallaahu `alayhi wasallam) did not return her to them for Allah had revealed the following Verse regarding women: “O you who believe! When the believing women come to you as emigrants. Examine them, Allah knows best as to their belief, then if you know them for true believers, Send them not back to the unbelievers, (for) they are not lawful (wives) for the disbelievers, Nor are the unbelievers lawful (husbands) for them (60.10)
Narrated ‘Urwa: Aisha (radiallaahu `anhaa) told me, “Allah’s Apostle (sallallaahu `alayhi wasallam) used to examine them according to this Verse: “O you who believe! When the believing women come to you, as emigrants test them . . . for Allah is Oft-Forgiving, Most Merciful.” (60.10-12)
Aisha (radiallaahu `anhaa) said, “When any of them agreed to that condition Allah’s Apostle (sallallaahu `alayhi wasallam) would say to her, ‘I have accepted your pledge of allegiance.’ He would only say that, but, by Allah he never touched the hand of any women (i.e. never shook hands with them) while taking the pledge of allegiance and he never took their pledge of allegiance except by his words (only).”

المسلمون على شروطهم

“Muslims are bound by their stipulations.”  Abu Daud & Al-Hakim (sahih)

Once the contract of Hudaibiyah was signed, Prophet (sallallaahu `alayhi wasallam) could not turn back.. he had to return Abu Jandal even though it was a really tough choice to make. As long as the conditions are lawful, one must abide by them. This is true for all kinds of contracts – marriage, finance, social etc.

As for the case of Umm Kulthoom who was not returned to her family, Allah had intervened for her. Ibn Kathir comments on the above ayah (60:10):

Allah the Exalted and Most High ordered His faithful servants to test the faith of women who emigrate to them. When they are sure that they are faithful, they should not send them back to the disbelievers, for the disbelievers are not allowed for them and they are not allowed for the disbelievers.