Does a contract of sale become void if it contains two conditions?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
A contract of sale is nullified if it contains two conditions, whereas a single condition does not invalidate it. Ahmad proceeded based on the tradition narrated by Abdullah ibn Amr that the Prophet (peace be upon him) said, "There is no selling combined with a loan, nor two conditions in a sale, nor selling what you do not possess." Ahmad confirmed that a single condition is permissible, and the prohibition is specifically against two conditions in a sale. The definition of the two prohibited conditions, according to a narration from Ahmad, includes two conditions that are valid but not related to the purpose or benefit of the contract itself, such as buying a garment and stipulating its tailoring and cleaning, or buying food and stipulating its grinding and transport, where stipulating one of these is valid, but two voids the sale. Another interpretation involves conditions like stipulating that the buyer cannot resell the item or cannot have marital relations with the slave girl being sold.
Supporting text
The position held by Al-Qadi suggests that if two conditions are stipulated, the sale is void, irrespective of whether the conditions are valid or invalid, serving the contract's purpose or not, based on the apparent meaning of the Hadith. The Shafi'is and the People of Opinion do not differentiate between the two conditions and rely on the narration that prohibits 'selling with a condition.'