Back to search
The question

If the sale is valid and the condition is void, then how can the sale be valid despite the condition being void?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The basis for the validity of some contracts and the invalidity of their conditions is the story of Barirah, in which the Prophet, peace and blessings be upon him, invalidated the condition of wala' (loyalty/patronage) for the seller while upholding the contract itself. Scholars have agreed that in this case, the sale is valid and the condition is void.

Some jurists generalized this ruling, holding that any condition that contradicts the essence of the sale renders the condition void while the sale remains valid, such as stipulating no loss, or that the sold item not be resold or gifted.

However, some jurists restricted the ruling of the sale's validity and the condition's invalidity to conditions that are neither required by the contract nor contradictory to it. They categorized conditions in a sale into four types: those that invalidate both the sale and the condition, those that validate the sale but invalidate the condition, those that validate both the sale and the condition, and a condition that must be mentioned to validate the contract without necessarily requiring fulfillment.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
141988
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy