Is it valid for a seller to stipulate a specific benefit of the sold item for a determined period?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The stipulation by the seller of a specific benefit from the sold item for a known duration is valid. This applies, for example, when selling a house and reserving occupancy for one month, selling a camel and reserving its use (its back) for transport to a specified location, or selling a slave and reserving his service for one year. Ahmad established this ruling, and it is the position of Al-Awza'i, Ishaq, Abu Thawr, and Ibn al-Mundhir. The evidence supporting this validity includes the hadith narrated by Jabir where the Prophet (peace be upon him) sold a camel and stipulated reserving its back until reaching Medina, which is agreed upon (Muttafaqun 'alayh). Furthermore, the hadith that the Prophet (peace be upon him) prohibited the exception (*al-thunya*) unless it is known supports this, as the stipulated benefit is known. This is also analogous to situations where the buyer implicitly receives the benefit, such as when purchasing date palms that are already pollinated, land already sown, a rented house, or a married female slave.
Supporting text
The position held by Al-Shafi'i and the Ahl al-Ra'y is that such a condition is invalid because of the Prophet's (peace be upon him) prohibition against selling with a condition, and because the condition contradicts the essential requirement of sale, similar to stipulating non-delivery. They argue that stipulating to delay delivery until the seller utilizes the benefit negates the inherent meaning of sale, which is the ownership of the item and its usufructs. Ibn Aqil mentioned a secondary narration where the sale and the condition are voided, specifically regarding a master selling a female slave and stipulating her service; however, this specific instance is not the core issue being debated because the service stipulated was either unknown or stipulated after the ownership transfer, potentially leading to seclusion (*khalwa*), which is not generally the case for other stipulated benefits.