The types of Shart in terms of its source are two:

1 – Ash-Shart Ash-Shar’iy: And this is the condition that the Shaari’ (Legislator) has stipulated.

This includes the conditions (Shuroot) that the Shaari’ has stipulated within the text specifically and it includes the two previous types i.e. the Shuroot that return back to the Hukm At-Takleefiy like the Wudoo’, covering of the ‘Awrah and Tahaarah which are conditions for the Salaah, and also the Shuroot (conditions) that return back to the Hukm Al-Wad’iy like the ‘Ihsaan’ being a condition in respect to the Zinaa requiring the punishment of stoning and the safe storage being a condition for the Saraqah (theft) for the cutting or the passing of a year being a condition (Shart) for the Nisaab (in respect to the Zakaah) which are all Shuroot for the Asbaab whilst the Sabab represents a Hukm Wad’iy.

2 – Ash-Shart Al-Ja’liy (Shart that has been made/added): This is what the Mukallaf has stipulated as a condition.

It is stipulated in respect to these types of conditions that they do not violate the Shar’a. That is due to the Qawl of the Messenger (saw):

Conditions of contracts (Shuroot ul-‘Uqood) are of this type like the conditions of sale, companies, the Waqf (endowment) and what is similar to these. The Shar’a has made it permissible for the Muslim to stipulate within the contracts that which he wishes to in terms of conditions except for that which goes against a Hukm Shar’iy. The Daleel for that is what came in the Hadeeth of ‘Aa’ishah (ra) in respect to (the slave) Barirah in one of the narrations. This is when the Messenger of Allah (saw) said to ‘Aa’ishah (ra):