Addenda to rules of stipulation.

Just as it is necessary to abide by the binding contracts, it is necessary to abide by all the conditions associated with it like if one sells a horse for a certain price with a condition that the buyer does a certain amount of work for him, the seller is entitled because of the condition to make the buyer do the work for him. In the obligation of fulfilling the condition the following matters must be observed. (a) A condition must not be against the Holy Quran and Sunnah, traditions of the Holy Prophet (a.s). This takes place as follows: That fulfilling the condition is unlawful like accepting a condition which requires one to discontinue fasting during the month of Ramadan or such other unlawful matters. (b) That the condition in itself is unlawful like gifting one's property with the condition that ones heirs or some of them will not inherit it, such condition is void and ineffective. (c) That the condition is not against what its very nature demands such as stipulating with the contract that one must not receive any price or rent for the goods sold or the property rented. (d) That the condition must be mentioned during the formation of contract implicitly or explicitly to indicate that the contract was based on a certain condition and tied to it due to mentioning it before forming the contract or because of common understanding like the condition of having the right of receiving delivery on time. If a condition is mentioned before the contract, but the contract is not based on it, willingly or mistakenly, it is not necessary to go by such condition. (e) That the condition must be within the ability of a party if, in fact, it is discovered that it is not so, it is not even possible to formalize a binding condition.

CR (164) It is lawful to stipulate with the buyer to sell back to one what he has already sold even if it may take place after a while; but it is not lawful to stipulate to sell back for a price less than what he has paid or the buyer stipulates that the seller later on buys it back for more than what he has paid. In both cases the contract is invalid.

CR (165) For the validity of a condition it is not necessary that it inevitably takes place. It is all right for it to be conditional like selling one's house with a condition to live therein for a month if one did not travel. Apparently, it also is valid to set a condition about something not exactly known unless such condition leads to cause deceit to a party in which case the deal is invalid.

CR (166) Apparently, an invalid condition does not affect the validity of the contract in which it is set. The contract stays valid but not such condition.

CR (167) If one who has to meet a condition, does not do so, the other party can force the former to meet the condition. Apparently, the choice of forcing the party is not conditional upon one's inability to force him, in fact, even if one is able to force him he can exercise this right when the other party fails to meet the condition.