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Points of Disagreement among Fuqaha’

The opinions of fuqaha’ differed due to the fact that everyone of them adopted a single hadith, adhering to it alone with ignoring others, the example for which can be seen in the hadith related by Abd al-Warith706 ibn Sa’id who said: I came to Makkah where I found Abu Hanifah. I said to him: What is your opinion regarding a man who sold something with stipulating a certain provision? He replied: The selling transaction is invalid and the provision is invalid! I came then to Ibn Abi Layla and inquired him about the same issue, when he said: The selling is valid and the condition is invalid. Then I (Abd al-Warith) put the question to Ibn Shubrimah, who said: The selling is valid and the condition is valid. I said to myself: Glorified is Allah, three of the fuqaha’ of Iraq do not concur in opinion on one issue! After that I returned to Abu Hanifah and apprised him with what his two companions said, when he said: I don’t know what they said to you. It was related to me by ‘Amr ibn Shu’ayb, from his father, from his grandfather saying: The Messenger of Allah has forbidden from selling with condition, so the selling transaction is invalid then and the condition. Then I betook myself again to Ibn Abi Layla and informed him of what his friends said, when he said: I have nothing to do with what they said to you, I was told by Hisham, reporting from his father, that A’ishah said: The Messenger of Allah ordered me to buy a slave girl and set her free ... the selling is valid and the condition is invalid.707

Then I went to Shubrimah and made him aware of the opinions of his two companions, when he said: It is not my business to know what are the opinions of them. It was reported to me by Mis’ar ibn Kudam, from Muharib ibn Dithar, from Jabir who said: I sold to the Prophet (S) a camel, and he stipulated to me to carry it to al-Madinah, so the selling is valid and the condition is valid.708

I suffice with these evidences, as citing all of them will need a full volume.


706. In another narration: al-Layth ibn Sa'd.

707. This hadith was reported by al-Bukhari under bab "al-Shurut fi al-wala".

708. Al-Batliyosi, al-Insaf, pp.70, 71.

Adapted from: "Lights on the Muhammadan Sunnah" by: "Mahmud Ali Riyyah"

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