Bukhari Volume 3, 54-Conditions
Hadith Number 2711-2712
Chapter : 1 The conditions permissible on embracing Islam, and in contracts and transactions
Narrated Marwan and al-Miswar bin Makhrama: (from the companions of Allah’s Messenger (ﷺ)) When Suhail bin `Amr agreed to the Treaty (of Hudaibiya), one of the things he stipulated then, was that the Prophet (ﷺ) should return to them (i.e. the pagans) anyone coming to him from their side, even if he was a Muslim; and would not interfere between them and that person. The Muslims did not like this condition and got disgusted with it. Suhail did not agree except with that condition. So, the Prophet (ﷺ) agreed to that condition and returned Abu Jandal to his father Suhail bin `Amr. Thenceforward the Prophet (ﷺ) returned everyone in that period (of truce) even if he was a Muslim. During that period some believing women emigrants including Um Kulthum bint `Uqba bin Abu Muait who came to Allah’s Messenger (ﷺ) and she was a young lady then. Her relative came to the Prophet (ﷺ) and asked him to return her, but the Prophet (ﷺ) did not return her to them for Allah had revealed the following Verse regarding women: “O you who believe! When the believing women come to you as emigrants. Examine them, Allah knows best as to their belief, then if you know them for true believers, Send them not back to the unbelievers, (for) they are not lawful (wives) for the disbelievers, Nor are the unbelievers lawful (husbands) for them (60.10)
Hadith Number 2713
Narrated `Urwa: Aisha told me, “Allah’s Messenger (ﷺ) used to examine them according to this Verse: “O you who believe! When the believing women come to you, as emigrants test them . . . for Allah is Oft- Forgiving, Most Merciful.” (60.10-12) Aisha said, “When any of them agreed to that condition Allah’s Apostle would say to her, ‘I have accepted your pledge of allegiance.’ He would only say that, but, by Allah he never touched the hand of any women (i.e. never shook hands with them) while taking the pledge of allegiance and he never took their pledge of allegiance except by his words (only).
Hadith Number 2714
Narrated Jarir: When I gave the pledge of allegiance to Allah’s Messenger (ﷺ) and he stipulated that I should give good advice to every Muslim.
Hadith Number 2715
Narrated Jabir bin `Abdullah: I gave the pledge of allegiance to Allah’s Messenger (ﷺ) for offering the prayers perfectly paying the Zakat and giving good advice to every Muslim.
Hadith Number 2716
Chapter : 2 The sale of pollinated date-palms
Narrated `Abdullah bin `Umar: Allah’s Messenger (ﷺ) said, “If someone sells pollinated date-palms, their fruits will be for the seller, unless the buyer stipulates the contrary.”
Hadith Number 2717
Chapter : 3 The conditions of selling
Narrated `Urwa: Aisha told me that Barirah came to seek her help in writing for emancipation and at that time she had not paid any part of her price. `Aisha said to her, “Go to your masters and if they agree that I will pay your price (and free you) on condition that your Wala’ will be for me, I will pay the money.” Barirah told her masters about that, but they refused, and said, “If `Aisha wants to do a favor she could, but your Wala will be for us.” Aisha informed Allah’s Messenger (ﷺ) of that and he said to her, “Buy and manumit Barirah as the Wala’ will go to the manumitted.”
Hadith Number 2718
Chapter : 4 It is permissible for the seller to ride the (sold) animal up to a certain place
Narrated Jabir: While I was riding a (slow) and tired camel, the Prophet (ﷺ) passed by and beat it and prayed for Allah’s Blessings for it. The camel became so fast as it had never been before. The Prophet (ﷺ) then said, “Sell it to me for one Uqiyya (of gold).” I said, “No.” He again said, “Sell it to me for one Uqiyya (of gold).” I sold it and stipulated that I should ride it to my house. When we reached (Medina) I took that camel to the Prophet (ﷺ) and he gave me its price. I returned home but he sent for me (and when I went to him) he said, “I will not take your camel. Take your camel as a gift for you.” (Various narrations are mentioned here with slight variations in expressions relating the condition that Jabir had the right to ride the sold camel up to Medina).
Hadith Number 2719
Chapter : 5 Conditions in contracts (of share-cropping etc.)
Narrated Abu Huraira: The Ansar said to the Prophet, “Divide our date-palms between us and our emigrant brothers.” The Prophet said, “No.” The Ansar said to the emigrants, “You may do the labor (in our gardens) and we will share the fruits with you.” The emigrants said, “We hear and obey.”
Hadith Number 2720
Narrated `Abdullah bin `Umar: Allah’s Messenger (ﷺ) gave the land of Khaibar to the Jews on the condition that they would work on it and cultivate it and they would get half of its yield.
Hadith Number 2721
Chapter : 6 The terms and the conditions of Mahr
(‘Umar said, “The rights are limited by the conditions, and you will get only what you stipulate.” Narrated Al-Miswar, “I heard the Prophet ﷺ once mentioning his son-in-law and praising him highly as a sincere son-in-law. He said, ‘Whenever he talked to me, he spoke the truth and whenever he promised me, he fulfilled his promise.’”)
Narrated `Uqba bin Amir: Allah’s Messenger (ﷺ) said, “From among all the conditions which you have to fulfill, the conditions which make it legal for you to have sexual relations (i.e. the marriage contract) have the greatest right to be fulfilled.”
Hadith Number 2722
Chapter : 7 The conditions in share-cropping
Narrated Rafi` bin Khadij: We used to work on the fields more than the other Ansar, and we used to rent the land (for the yield of a specific portion of it). But sometimes that portion or the rest of the land did not give any yield, so we were forbidden (by the Prophet (ﷺ) ) to follow such a system, but we were allowed to rent the land for money.
Hadith Number 2723
Chapter : 8 The conditions not permissible in marriage contracts
Narrated Abu Huraira: The Prophet (ﷺ) said, “No town-dweller should sell for a bedouin. Do not practice Najsh (i.e. Do not offer a high price for a thing which you do not want to buy, in order to deceive the people). No Muslim should offer more for a thing already bought by his Muslim brother, nor should he demand the hand of a girl already engaged to another Muslim. A Muslim woman shall not try to bring about The divorce of her sister (i.e. another Muslim woman) in order to take her place herself.”
Hadith Number 2724-2725
Chapter : 9 The conditions not permissible in legal punishments
Narrated Abu Huraira and Zaid bin Khalid Al-Juhani: A bedouin came to Allah’s Messenger (ﷺ) and said, “O Allah’s apostle! I ask you by Allah to judge My case according to Allah’s Laws.” His opponent, who was more learned than he, said, “Yes, judge between us according to Allah’s Laws, and allow me to speak.” Allah’s Messenger (ﷺ) said, “Speak.” He (i .e. the bedouin or the other man) said, “My son was working as a laborer for this (man) and he committed illegal sexual intercourse with his wife. The people told me that it was obligatory that my son should be stoned to death, so in lieu of that I ransomed my son by paying one hundred sheep and a slave girl. Then I asked the religious scholars about it, and they informed me that my son must be lashed one hundred lashes, and be exiled for one year, and the wife of this (man) must be stoned to death.” Allah’s Messenger (ﷺ) said, “By Him in Whose Hands my soul is, I will judge between you according to Allah’s Laws. The slave-girl and the sheep are to be returned to you, your son is to receive a hundred lashes and be exiled for one year. You, Unais, go to the wife of this (man) and if she confesses her guilt, stone her to death.” Unais went to that woman next morning and she confessed. Allah’s Messenger (ﷺ) ordered that she be stoned to death.