What is the ruling on stipulating the seller's benefit (usufruct) in the sold item?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The accepted doctrine permits stipulating the seller's benefit in the sold item. For example, buying cloth and stipulating the seller sews it into a shirt, or buying firewood and stipulating the seller carries it to a specified location. Ahmad affirmed this in a narration by Muhanna and others. Al-Qadi stated he found no narration supporting Al-Khiraqi's opinion that such a stipulation invalidates the contract.
Supporting text
Al-Khiraqi's view that the contract is void in this context might be specific to cases prone to dispute, such as the seller wanting to cut the top of the crop leaving some for himself while the buyer wants to cut it completely, leading to conflict, which is a defect voiding the sale. However, the accepted view is preferable because Al-Khiraqi stated elsewhere that a single condition does not void a sale, and the established doctrine permits such stipulations, evidenced by Ahmad's support based on the transaction of Muhammad bin Muslima purchasing firewood with a carrying stipulation, and Abu Hanifa permitting stipulations like sewing cloth.