If the option of the meeting place is prolonged, is it permissible for the two parties to waive it?

The questioner : Our Shaykh, we said that the buyer’s right of option does not lapse, even if the period is prolonged.

The Shaykh : As long as he is in the meeting place. Yes.

The questioner : So, after five hours from the contract, does he have the right? Yes. And we said that if he wants to cancel the option, he has the condition. So at what time is it permissible to stipulate?

The Shaykh : If they transact on the condition that there is no option, then the option is not established in the first place. And if they transact and remain silent, the option remains. So if they agree to waive it, it is waived. And when we say they waived the option, we mean with the consent of the other party.

The questioner : Yes, they agree, even after the contract, once the contract is completed.

The Shaykh : Either they transact on the condition that there is no option between them, in which case it is binding immediately upon the contract, and there is no option. Or they remain silent, and when the meeting place is prolonged, they say, “We want to waive the option,” and they agree to that, so there is no harm.

The questioner : And the legislator does not approve.

The Shaykh : It is known, the one with the right can say to you