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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About Yumna

Bukhari Blogger | Student and teacher of the Qur'an | Studying BAIS from IOU.

Posted on December 11, 2014, in iLook and tagged , , , , , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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