A man who buys a slave woman on condition that he not sell or gift her

It is narrated from al-Awza'i: I bought a slave girl, and her people stipulated against me that I would not sell her, nor give her as a gift, nor give her as a dowry, and that when I died she would be free. I asked al-Hakam bin Utaybah about it, and he said: "There is no harm in it."

And I asked Makhul (may Allah have mercy on him), and he said: "There is no harm in it." I said: "Do you fear anything for me from it?" He said: "Rather, I hope for two rewards for you in it."

And I asked Ata (may Allah have mercy on him), or he was asked, and he disliked it.

Al-Awza'i (may Allah have mercy on him) said: Al-Hasan (may Allah have mercy on him) said: "The sale is valid and the condition is void."

And I asked Abdah bin Abi Lubabah, and he said: "This is an evil private part."

And I asked al-Zuhri, and he informed me that Sayyiduna Ibn Mas'ud (may Allah be pleased with him) wrote to Sayyiduna Umar (may Allah be pleased with him), asking him about a slave girl he had bought from his wife on the condition that if he sold her, she would have the better right to her at the price. Sayyiduna Umar (may Allah be pleased with him) said: "Do not have intercourse with a private part in which someone other than you has any share."

It is narrated from al-Qasim (may Allah have mercy on him) that Sayyiduna Umar (may Allah be pleased with him) said: "That in which there is an exception in favour of someone other than you is not part of your wealth."

Sayyidah Aishah (may Allah be pleased with her) disliked that a slave girl be sold on the condition that she would not be sold onward.

Sa'id bin Jubayr (may Allah have mercy on him) was asked about a person who buys a slave girl on the condition that he will not sell her or give her as a gift. He (may Allah have mercy on him) said: "He should not go near her."

Urwah used to dislike it.

Sayyiduna Ibn Umar (may Allah be pleased with them both) said: "Do not have intercourse with a private part in which there is a condition."

Ibrahim (may Allah have mercy on him) was asked about a person who buys a slave girl on the condition that he will not sell her or give her as a gift. He (may Allah have mercy on him) said: "This is nothing."

Al-Sha'bi (may Allah have mercy on him) was asked about a person who buys a slave girl on the condition that he will not sell her, give her as a gift or give her as a dowry. He (may Allah have mercy on him) said: "I wish I could find her. I would buy her with the condition, and I would stipulate for them that she is free when I die."

Ibrahim (may Allah have mercy on him) said: Every condition placed in a sale is demolished by the sale, except emancipation, and every condition placed in a marriage is demolished by the marriage, except divorce.

A woman came to al-Sha'bi (may Allah have mercy on him) and said: "My daughter was bought on the condition that she would not be sold." He (may Allah have mercy on him) said: "Your daughter remains on the condition of her purchase (that is, on whatever condition was set at the time of purchase)."

Sayyiduna Ibn Mas'ud (may Allah be pleased with him) bought a slave girl from his wife, Sayyidah Zaynab (may Allah be pleased with her), and she stipulated against him that if he sold her, she would have the better right to her at the price. Sayyiduna Ibn Mas'ud (may Allah be pleased with him) asked Sayyiduna Umar (may Allah be pleased with him), and Sayyiduna Umar (may Allah be pleased with him) disliked that he have intercourse with her.

Sayyiduna Umar (may Allah be pleased with him) said to Sayyiduna Abdullah (may Allah be pleased with him): "Do not go near her."