Is conditioning a sale or marriage contract with 'In sha'a Allah' an admission of validity?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If one says, 'I sell to you, in sha'a Allah,' or 'I marry you to her, in sha'a Allah,' Abu Ishaq bin Shaqila holds that if one is asked, 'Did you accept this marriage?' and replies, 'Yes, in sha'a Allah,' the marriage is established. Abu Hanifa holds that if one says, 'I sell to you for a thousand if you wish,' and the other replies, 'I wish and I accept,' it is valid because this condition is a consequence and requirement of the contract; the acceptance is left to the buyer's will after the seller has proposed the offer.
Supporting text
If one says, 'I will testify that he is truthful if such-and-such person testifies on my behalf concerning the thousand,' it is not an admission because it is possible to believe a liar. If one says, 'If such-and-such person testifies, he is truthful,' it is uncertain whether it is an admission; it may not be, as it is conditioned, but it may be an admission in the present because his truthfulness implies the matter is already established. If one says, 'I owe you a thousand if such-and-such person testifies for me,' it is not an admission because it is conditioned.