Making the option contingent upon a person’s arrival or the end of a call
Machine translationRead the Arabic original
The questioner:
The questioner asks: If one of the two sellers says to the other, “You have the option until so-and-so speaks,” and they do not know when he will speak, what is the ruling on that?
The Shaykh:
This is valid, because so-and-so must surely arrive; he is not continuously sitting, he must get up, and when he gets up, the option ends. The sale is binding. Yes.
Another questioner:
The buyer comes in the second [call].
The Shaykh:
No, he has no right to transfer [the option] if they separate; the sale is binding. Yes.
Another questioner:
He will give you a skill.
The Shaykh:
The option ends with the utterance; when the utterance ends, if he puts down the receiver, it ends. You did not hear. It is upon the seller. Yes.
Another questioner:
Sharif is the one who said to you, “Keep it with you,” meaning we are listening.
The Shaykh:
No, no.
Another questioner:
We will make the new phone call.
The Shaykh:
Yes.
Another questioner:
The option is resolved later.
The Shaykh:
These people did not gather in one place; each one is in a different location, one in the East and one in the West, and they transacted by phone. Yes, it is permissible, and the option ends when the call ends. Yes. He says, “When I arrive at the destination, the option ends,” or he says to you, “The option is until I arrive at the destination.” It is unknown, but the rainy seasons are known, by the permission of Allah; winter is the time of rain. Yes.
The questioner asks: If one of the two sellers says to the other, “You have the option until so-and-so speaks,” and they do not know when he will speak, what is the ruling on that?
The Shaykh:
This is valid, because so-and-so must surely arrive; he is not continuously sitting, he must get up, and when he gets up, the option ends. The sale is binding. Yes.
Another questioner:
The buyer comes in the second [call].
The Shaykh:
No, he has no right to transfer [the option] if they separate; the sale is binding. Yes.
Another questioner:
He will give you a skill.
The Shaykh:
The option ends with the utterance; when the utterance ends, if he puts down the receiver, it ends. You did not hear. It is upon the seller. Yes.
Another questioner:
Sharif is the one who said to you, “Keep it with you,” meaning we are listening.
The Shaykh:
No, no.
Another questioner:
We will make the new phone call.
The Shaykh:
Yes.
Another questioner:
The option is resolved later.
The Shaykh:
These people did not gather in one place; each one is in a different location, one in the East and one in the West, and they transacted by phone. Yes, it is permissible, and the option ends when the call ends. Yes. He says, “When I arrive at the destination, the option ends,” or he says to you, “The option is until I arrive at the destination.” It is unknown, but the rainy seasons are known, by the permission of Allah; winter is the time of rain. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 12 من 89|شرح العدة في شرح العمدة|البيوع|باب بيع الأصول والثمار|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:09:37)
The Arabic text is a machine transcription of the audio recording.
