چکیده:
Human will is not only free in forming a contract and choosing its type, but also has the power to achieve a legal result in the form of a condition within the contract. The result condition is an efficient and prominent example of the rule of will in consequential legal acts. Whenever the conditions for a result condition are met, that result is created automatically upon the formation of the contract, without the need for independent expression or another legal act; however, if achieving the result requires a cause or there is a legal obstacle in its way, it will not be realized; for example, the occurrence of material acts and legal events that require a material act cannot be established as a result condition. It appears that a result condition is not invalidated by the rescission or mutual termination of a contract; because the result that has been achieved is not destroyed by the rescission or termination, as the effect of both is prospective.
خلاصه ماشینی:
5-Condition in jurisprudential and legal terminology: In jurisprudence and law, condition is taken to mean obligation and commitment in sale and similar transactions, but as mentioned, there are two types of conditions: Sharia conditions, which are often referred to as 'shara'it' (conditions), such as the conditions for the validity of contracts, and covenant conditions, which are used in the same manner and are the subject of our discussion in this article.
According to Sheikh Muhammad Husayn al-Gharawi al-Isfahani in the margin of Al-Makasib: The meaning of commitment to a result is that: (within the contract) it is stipulated that a certain property becomes, in an inseparable manner (in terms of performing the contract and its requirements), the property of that beneficiary, by virtue of which contracts are classified as covenants.
The second type is a result that is achieved by the condition itself without the need for a specific cause or other special causes; such as the requirement of some contracts, like sale (bay') and lease (ijara), which is achieved only through the formative will expressed in the main transaction and does not require a specific cause other than the aforementioned formation; meaning that the condition of result (the intended requirement) comes into existence immediately upon the conclusion of the main transaction and by the very act of stipulation.
Sheikh Muhammad Husayn Isfahani has also chosen such an opinion in the margin of Makasib and has said:2 A result that did not require a specific cause in addition to its stipulation within the contract (1) Shahid Thani and (Shahid al-Awwal), Sharh al-Lum'ah, Vol. 1, Topic of Khiyar, Tenth: Khiyar al-Ishtirat, p.
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