Buying a Slave Girl with the Condition Not to Sell or Gift Her

It is narrated from Hazrat Awza’i that I bought a slave-girl and her people put a condition on me that I would neither sell her, nor gift her, nor give her in marriage as mahr; if I die, she will be free. I asked Hazrat Hakam bin Utaybah about this matter. He said: There is no harm. I asked Hazrat Mak’hool (may Allah have mercy on him), and he said: There is no harm. I said: Do you have any concern for me? He replied: Why not, I hope for two rewards for you. I asked Hazrat Ata (may Allah have mercy on him), and he disliked it. Hazrat Awza’i (may Allah have mercy on him) says that Hazrat Hasan (may Allah be pleased with him) says that selling is permissible and this condition is invalid. I asked Hazrat Abda bin Abu Lubabah, and he said: This is an evil private part (thing). I asked Zuhri, and he told me that Ibn Mas’ud (may Allah be pleased with him) asked Umar (may Allah be pleased with him) by letter about the ruling of a slave-girl whom he had bought from his wife on the condition that if I sell her, you will be entitled to her price. So Umar (may Allah be pleased with him) replied: You cannot have intercourse with such a private part in which someone else also has a right.

23117 - And I asked (Makhul) (1), [and he said: There is no harm in it. I said: Do you fear (for me from it) (2)? He said: (Rather) (3) I hope for you in it two rewards.

23118 - And I asked [or he was asked] (1) Ata or he was asked, and he disliked it.

23119 - Al-Awza'i said: Yahya ibn Abi Kathir narrated to me from Al-Hasan who said: The sale is valid and the (condition) (1) is void.

23120 - And I asked ‘Abdah ibn Abi (Lubabah) (1) and he said: (This) (2) is an opening (of evil) (3).

23121 - And Az-Zuhri was asked (and he informed me) (1) that Ibn Mas'ud wrote to Umar asking him about a slave girl he had bought from (his wife) (2) (on condition) (3) that if he sold her, she would have more right to her for the price. Umar said: Do not have intercourse with a private part in which there is (something) (4) for someone other than yourself (5).

It is narrated from Hazrat Qasim (may Allah have mercy on him) that Hazrat Umar (may Allah be pleased with him) said: That is not from your wealth in which someone other than you has a double share.

Hazrat Aisha (may Allah be pleased with her) disliked that a slave-girl be sold with the condition that she will not be sold further.

Hazrat Saeed bin Jubair (may Allah have mercy on him) was asked that if a person buys a slave-girl on the condition that he will neither sell her nor give her as a gift, he (may Allah have mercy on him) replied: He will not approach her.

Hazrat Urwah (may Allah be pleased with him) used to dislike this.

Hazrat Ibn Umar (may Allah be pleased with them both) narrates that do not have intercourse in such a private part in which there is any condition.

Ibrahim (may Allah have mercy on him) was asked about a person who buys a slave-girl on the condition that he will neither sell her nor give her as a gift. He (may Allah have mercy on him) said: This is nothing.

Hazrat Sha'bi (may Allah have mercy on him) was asked about a person who buys a slave-girl on the condition that he will neither sell her, nor give her as a gift, nor give her as dowry. He (may Allah have mercy on him) replied: I wish to keep her; I will buy her with this condition, and I will set the condition for them that when I die, she will be free.

Ibrahim (may Allah have mercy on him) said: Every condition that is stipulated in a sale invalidates it, except for emancipation; and every condition that is stipulated in marriage invalidates the marriage, except for divorce.

A woman came to Hazrat Sha'bi (may Allah have mercy on him) and said, "My daughter has been bought on the condition that she will not be sold." He (may Allah have mercy on him) replied, "Your daughter is subject to the condition of purchase (i.e., the condition that was stipulated at the time of purchase will apply)."

Hazrat Ibn Mas'ud (may Allah be pleased with him) bought a slave girl from his daughter. She placed a condition on him that if he sold her, she would have a greater right to her price. Hazrat Ibn Mas'ud (may Allah be pleased with him) asked Hazrat Umar (may Allah be pleased with him) about this. Hazrat Umar (may Allah be pleased with him) disliked having intercourse with her.

Hazrat Umar (may Allah be pleased with him) said to Hazrat Abdullah (may Allah be pleased with him): Do not go near it.