Is a condition valid if one party stipulates that the obligatory monetary penalties ('Dima') or obligatory Hajj debt of the other party shall be borne by the stipulator?
General Chapter
Al-Mughni
Book of Hajj
Primary text
A condition stipulating that the obligatory monetary penalties ('Dima') incumbent upon one party shall be the responsibility of the other party is invalid. Likewise, a condition stipulating that one party's obligatory Hajj debt is the responsibility of the other is invalid, as these are consequences of one's own actions or obligatory duties, and one cannot stipulate them upon another, analogous to stipulating them upon a stranger.