Nasai

The apparent words indicate that the conditions imposed at the time of marriage must be fulfilled; otherwise, the marriage will not remain valid, provided that these conditions are not contrary to the requirements of Shariah and marriage itself. Some scholars have interpreted this "condition" to refer exclusively to the dowry (mahr), meaning its payment is necessary, otherwise the woman can have the marriage annulled. Others have taken it to mean the rights of the wife that she acquires after marriage, such as dowry (mahr), maintenance (nafaqah), and good treatment, etc. In light of the generality of the wording, the first opinion appears to be more correct. And Allah knows best.

Hadith Commentary:
Among these, the conditions of offer and acceptance (ijab wa qubul) and the dowry (mahr) hold great importance.
If a person, at the time of fixing the dowry (mahr), harbors in his heart the intention of not paying it, then in the sight of Allah, his marriage will not be lawful.
Qastallani said: What is meant are those conditions which are not contrary to the contract of marriage (nikah), such as conditions related to intimacy (mubasharah) or maintenance and provision (nafaqah). However, conditions of the type that he will not marry another woman, or will not keep a slave-girl, or will not take her on a journey, are not necessary to fulfill; rather, these conditions are considered void (laghw).
Imam Ahmad and the Ahl al-Hadith hold the view that all types of conditions must be fulfilled, because the hadith is absolute (mutlaq).
However, those conditions which are against the Book (Kitab) and the Sunnah are excluded.

Hadith Commentary:
There are two points worth considering regarding the conditions:

➊ Are these conditions obligatory and necessary, or is fulfilling them merely recommended (mustahabb)? The preferred opinion is that fulfilling these conditions is obligatory and necessary, except in the case where there is mutual understanding and agreement between both parties.

➋ The second point is whether these conditions pertain only to the marriage contract (nikah), such as the payment of the dower (mahr) and expenses, etc., or whether it refers to all conditions that are agreed upon at the time of the marriage contract. On this matter, scholars hold both opinions.

Our inclination is that it is necessary to fulfill all conditions that are agreed upon at the time of the marriage contract (nikah), provided that they are not contrary to the Book (Qur’an) and the Sunnah, because the hadith is absolute; restricting it only to conditions related to the marriage contract is not correct.

Hadith Commentary:
The conditions stipulated at the time of marriage must be fulfilled; this is the view of Imam Ahmad and the Ahl al-Hadith. However, there is one condition—that the man must divorce his first wife—which does not need to be fulfilled. As for conditions such as that the man will not marry a second wife, or will not keep a slave-girl, or will not take the wife out of her homeland, or will provide a certain amount for maintenance and expenses—fulfilling these conditions is obligatory upon the husband. Otherwise, the woman may file a complaint with the judge and obtain separation.
However, if any condition is contrary to the Shari‘ah, then it is obligatory to annul such a condition.

Hadith Commentary:
The fulfillment of the conditions stipulated between both parties at the time of marriage is necessary. For example:
The husband will not marry a second wife, or he will not take her out of the country, or he will give her a certain amount of maintenance, or he will arrange for a maid in the house, etc.
Fulfilling such conditions is obligatory upon the husband; otherwise, the wife has the right to complain to the ruler of the time and request separation from her husband.
However, if any condition is contrary to the Book and the Sunnah, then breaking it is obligatory. For example:
The husband will not have conjugal relations with her, etc.—such conditions are not to be fulfilled.

Hadith Commentary:

Benefits and Issues:
When a husband and wife marry, they have certain objectives and purposes for the marriage, and there are some conditions that are inherently required by the marriage contract itself. Therefore, by "conditions" here are meant those stipulations that do not contradict the requirements of the marriage contract, even if they are in addition to what the marriage contract itself necessitates. For example, if the woman demands a dowry (mahr) greater than the customary amount, or she stipulates a better and more suitable residence, or the husband stipulates that the woman must be a virgin or from a specific family, these are permissible. However, if the woman stipulates that the first wife must be divorced, or the husband stipulates that he will not provide maintenance (nafaqah), or that he will not keep her with him, then such conditions are not valid. Similarly, if either party stipulates a condition contrary to Islam—for example, if the man says, "You will not be able to observe hijab," or the woman says, "I will not observe hijab"—then such conditions are of no consideration.

Benefits and Issues:
The Imam (rahimahullah) argues that fulfilling such conditions is obligatory, provided that something lawful (halal) is not made unlawful (haram), nor is something unlawful (haram) made lawful (halal).

Benefits and Issues:
➊
Nikah (marriage) is a contract between a man and a woman in which certain obligations are imposed upon the man and certain upon the woman; therefore, both the man and the woman should be mindful of these obligations.

➋
At the time of nikah, additional conditions may be stipulated according to circumstances, which may encourage the woman to marry that man. For example:
The man says, “If you marry me, I will give you such-and-such amount as pocket money,” or “I will allot such-and-such house in your name.”
After the nikah, it is the man’s duty to fulfill these conditions.

➌
A man should not make such promises in which there is a legal (shar‘i) objection, nor should a woman make such demands. For example:
A demand from the man that he divorce his first wife.
Similarly, the man should not make unlawful demands from the woman, for example:
A demand that the woman not observe hijab (veil) from non-mahrams (those to whom marriage is permissible).

Takhrij:
«أخرجه البخاري، النكاح، باب الشروط في النكاح، حديث:5151، ومسلم، النكاح، باب الوفاء بالشروط في النكاح، حديث:1418.»©Explanation:
➊ The meaning of this hadith is that the conditions most deserving of being fulfilled are the conditions of marriage (nikah), because its matter is extremely cautious and delicate.

➋ This hadith is also evidence that stipulating a condition in marriage (nikah) is permissible and fulfilling it is necessary.

➌ What is meant by the conditions of marriage? There is a difference of opinion regarding this.

One opinion is that what is meant is the payment of the dower (mahr), because mahr is conditional upon consummation (wati).

And another opinion is that what is meant is everything to which a woman becomes entitled by virtue of the rights of marriage.

And it has also been said that what is intended is every condition which the husband stipulates to persuade the woman to enter into marriage, provided it is not prohibited in the Shariah.

In light of the context of the hadith, this last opinion appears to be the most appropriate.

And Allah knows best.