English translation
1127. 'Uqbah bin 'Āmir Al-Juhani narrated that the Messenger of Allāh ﷺ said: "Indeed the conditions most deserving to be fulfilled are those that make the private parts lawful among you." (Sahih) (Another chain with similar narration) (Abū 'Eisā said:) This Hadīth is Hasan Sahih. This is acted upon according to some of the people of knowledge among the Companions of the Prophet ﷺ. Among them is 'Umar bin Al-Khaṭṭāb: When a man marries a woman, and he makes the condition for her that he will not take her out of her land, then he is not to take her out. This is the saying of some of the people of knowledge. It is the view of Ash-Shāfi'i, Aḥmad, and Ishāq. It has been related that 'Ali bin Abī Tālib said: "Allāh's conditions take precedence over her conditions." It is as if he held the view that the husband could take the woman even if she had made the condition on her husband that he could not take her out (of her land). And some of the people of knowledge followed this. This is the view of Sufyān Ath-Thawrī and some of the people of Al-Kūfah.