What is the ruling when the condition contradicts the essential nature of the sale?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
Stipulating something that contradicts the essence of the sale is divided into two categories. The first involves conditions based on predominance and transmission, such as the seller stipulating the manumission (freedom) of a slave being sold. There are two narrations regarding its validity: the first holds it valid, which is the position of Malik and the apparent view of Shafi'i, supported by the tradition concerning Barirah where the Prophet (peace be upon him) only objected to the condition regarding the mastership (wala' of manumission), not the manumission itself. The second narration holds the condition void, which is the position of Abu Hanifa, as it contradicts the contract's essence. If deemed valid, the buyer may be compelled to free the slave, or conversely, if the slave is not freed, the seller retains the option to rescind the contract.
Supporting text
The second category involves stipulations other than manumission, such as stipulating that the buyer must not sell, gift, free, or have relations with the slave, or stipulating the buyer must sell the item, halt its use, or return it if it does not sell, or that the seller reclaims the price if the slave is usurped. These are void conditions. There are two narrations on whether they invalidate the sale: the first, narrated from Ahmad, is that the sale remains valid, which is the position of Al-Hasan, Al-Sha'bi, and others. The second is that the sale is void, the position of Abu Hanifa and Al-Shafi'i, based on the prohibition of 'selling with a condition' and the principle that a void condition invalidates the contract, similar to stipulating a separate contract.