What is the ruling if a condition of absolution from defects is stipulated in a sale contract?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the condition of absolution from defects is stipulated, the condition itself does not invalidate the sale in the apparent madhhab, making the condition's existence equivalent to its absence. This means the right to return the item due to a defect is not prevented by the stipulation.
Supporting text
There are two narrations from Ahmad concerning invalid stipulations. One is that they invalidate the contract, meaning if the condition is void, the consent based on that condition fails, thus invalidating the sale due to lack of mutual consent. This view suggests the buyer cannot return the item due to the presence of the condition.