Hadith 5704

Jabir (may Allah be pleased with him) narrated: I went on an expedition with the Messenger of Allah (ﷺ) on a camel ¹ of ours that was exhausted and could hardly move. The Prophet (ﷺ) caught up with me and said, “What is wrong with your camel?” I said, “It is exhausted.” The Messenger of Allah (ﷺ) lagged behind, rebuked it, and prayed for it. It then kept moving ahead of the camels, leading them. He said to me, “How do you find your camel?” I said, “In good condition, your blessing has reached it.” He said, “Will you sell it to me for a wuqiyyah?” I sold it to him on the condition that I could ride its back to Madinah. When the Messenger of Allah (ﷺ) arrived in Madinah, I came to him in the morning with the camel. He gave me its price and returned it to me. [Agreed Upon] The Shaykh said in Al-Lama’at: His statement “I sold it on the condition that I could ride its back to Madinah” indicates the permissibility of a condition benefiting the seller. The jurists ruled it impermissible because it is a condition not required by the contract and benefits one party. If riding its back to Madinah were part of the price, it would be a lease within a sale; if not, it would be a loan within a sale. The Messenger of Allah (ﷺ) forbade two transactions in one and a sale with a condition. Thus, the contract is invalid. They said: This statement in this Hadith is abrogated, which is the correct view, or it was not part of the contract’s core but requested after the sale, though the apparent wording contradicts this.