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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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Rulings on Lending and Borrowing (Hadith No. 2293)

Bismillah.

How about some fiqh today? Here, have a taste! :D

Volume 3, Book 47, Number 795:
Narrated Anas (radiallaahu `anhu):
Once the people of Medina were frightened, so the Prophet (sallallaahu `alayhi wasallam) borrowed a horse from Abu Talha (radiallaahu `anhu) called Al-Mandub, and rode it. When he came back he said, “We have not seen anything (to be afraid of), but the horse was very fast (having an energy as inexhaustible as the water of the sea).”

Lending something to a person who needs it is an act of worship which brings great reward, because it comes under the general heading of co-operating in righteousness and piety.

For lending to be valid, it must meet four conditions:

1 – The one who is lending should be qualified to donate the item, because lending is a kind of donation; so it is not valid on the part of a minor, one who is insane, or a fool.

2 – The borrower should be qualified to receive the donation, so that if he accepts it that will be valid.

3 – The item lent should be something which it is Islamically permissible to benefit from. So it is not permissible to lend a Muslim slave to a kaafir, or to lend hunting equipment to a muhrim, because Allaah says (interpretation of the meaning):

“… but do not help one another in sin and transgression…”

[al-Maa’idah 5:2]

4 – The item lent should be something which can be used but will remain, as described above.

The lender has the right to ask for the item back whenever he wants, unless asking for it back will cause some harm to the borrower, such as when he has borrowed a boat to convey his goods and it is still at sea, or if he asked him to let him use his wall to rest the ends of his wood on – he cannot ask him to give the wall back so long as the ends of his wood are still resting on it.

The borrower has to take better care of the borrowed item than of his own possessions, so that he can return it in good condition to its owner, because Allaah says (interpretation of the meaning):

“Verily, Allaah commands that you should render back the trusts to those, to whom they are due”[al-Nisaa’ 4:58]

This aayah indicates that it is obligatory to render back trusts, which includes items loaned. The Prophet (peace and blessings of Allaah be upon him) said: “Return trusts to those who entrusted you with them.” The texts indicate that it is obligatory to take care of things that have been entrusted to you, and that it is obligatory to return them to their owners in good condition. This general meaning includes items that are loaned, because the borrower is entrusted with them and is expected to return them. He is permitted to benefit from them within the limits dictated by custom, but he is not permitted to be extravagant in his use of them in such a way that he destroys them, or to use them in a way for which they were not designed to be used, because the owner did not give him permission to use them in that way, and Allaah says (interpretation of the meaning):

“Is there any reward for good other than good?”

[al-Rahmaan 55:60]

If the borrower uses it for something other than the purpose for which he borrowed it, and it is destroyed, then he is responsible for it, because the Prophet (peace and blessings of Allaah be upon him) said: “The one who borrows is responsible for what he borrows until he returns it.” (Narrated by the five, and classed as saheeh by al-Albaani). This indicates that it is obligatory to return what one has taken of another person’s property, and that he is not free of responsibility until he has given it back to its owner or the owner’s deputy.

If it is destroyed whilst being used in the proper manner, the borrower is not to be held accountable for that, because the lender gave him permission to use it, and if that happens to an item that he has been permitted to use, then he is not to be held accountable for that.

However, the scholars differed as to whether the borrower is held to be responsible for something that is destroyed whilst he was using it for a purpose other than that for which it was borrowed. One group said that he is to be held accountable for it whether he abused it or not, because of the general meaning of the words of the Prophet (peace and blessings of Allaah be upon him), “The one who borrows is responsible for what he borrows until he returns it.” This would apply in cases where an animal dies, a garment gets burned or a borrowed item is stolen. Another group said that he is not to be held accountable for it if he did not abuse it, because a person cannot be held accountable if he did not abuse it. Perhaps this view is more correct, because the borrower takes it with the permission of the owner, so it is a trust for him, like something with which one is entrusted.

The borrower has to look after the loaned item, take care of it and hasten to return it to its owner when he no longer has any need of it. He should not be negligent concerning the item, or expose the item to the risk of destruction, because it is a trust and because the owner has done him a favour, and

“Is there any reward for good other than good?”

[al-Rahmaan 55:60 – interpretation of the meaning].

[From "Al-Mulakhkhas al-Fiqhi" by Shaykh Saalih ibn Fawzan Aal Fawzaan]
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