The options are of several types: among them is the option of the session, and this is what is indicated in his statement
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The Shaykh : The options are of several types:
Among them is the option of the session, and this is what is indicated in his statement: "It is narrated from Ibn 'Umar (may Allah be pleased with him and his father) from the Messenger of Allah (peace and blessings be upon him) who said:Sunan Ibn Majah 2181Sahih (Darussalam) Agreed upon by al-Bukhari and Muslim, and the wording is from Muslim":
He said: Meaning: they concluded a sale transaction between them. The word "men" here is a generic description, so it does not have a specific legal implication; rather, the ruling includes even two women.
And his statement (peace and blessings be upon him): Meaning: from the seller and the buyer. : between confirming and rejecting. : Separating from what? As long as they have not separated from the place of the contract. This is the correct view held by the majority of scholars: that they have the option as long as they have not separated from the session of the contract, not from the contract of sale itself. Some scholars say: as long as they have not separated from the contract of sale, meaning as long as the offer and acceptance have not taken place. If the offer and acceptance have taken place, there is no option. This interpretation is far-fetched in wording and far-fetched in meaning, because one does not say of two people who have concluded a contract, where one made the offer and the other accepted, that they "separated." Also, it is not accurate to say they "traded" until the offer and acceptance are completed. There is no trade without an offer and acceptance. Accordingly, the intended meaning is: as long as they have not separated with their bodies. This is supported by his statement: , for this phrase is like an explanation of the phrase before it.
Now, regarding separation, we said that it is from the place of the contract. If they both stand up from the place of the contract, do we say they have separated? Meaning, they contracted in the session, then both stood up and walked to the market. Do we say they have separated?
The student: No.
The Shaykh : No, they have not separated. Rather, we say: they have left, they have left the session of the contract, but they have not separated.
Now, if they are in an airplane, for example, if they are in an airplane and contract in the airplane, and the flight time is ten hours, do they have the option for ten hours?
The student: Yes.
The Shaykh : Yes, they have the option for ten hours, just as if they were sitting in this place for ten hours.
Now, does separation occur through sleep, as if they traded while spreading out their bedding? Now, they accepted the sale, and they slept. When they woke up, one of them said: "I made a mistake." Does he have the right to do that? Hmm?
The student: He has the right.
The Shaykh : Did they separate? They did not separate, but in such a case, it should be said: if there is a fear of dispute, let us be in the other state.
He said:Sahih al-Bukhari 2112 And if each of them waives the option, then neither has an option, because when the Prophet (peace and blessings be upon him) dropped the option for the one who waived it, it is permissible for the option to be dropped for the one who waived it from the second party as well. Accordingly, if they trade on the condition that neither has an option, or if they trade and then one of them waives his option, this is permissible, as indicated by the hadith.
Now, he said:Sahih al-Bukhari 2112Sunan Ibn Majah 2181Sahih (Darussalam) Meaning: it became binding according to what they stipulated. If each of them gives the other the option, there is no option. If the seller gives the buyer the option, who has the option? The buyer alone. If the buyer gives the seller the option, the seller alone has the option.
Sunan Ibn Majah 2181Sahih (Darussalam): "Binding" means: it became obligatory and established. So the binding of the sale occurs in two cases:
The first case: If one of them gives the other the option, it becomes binding for the one who gave the option. And if each of them gives the other the option, it becomes binding for both of them.
The second case in which the sale becomes binding: if they separate. Separation does not have a specific legal limit, so in that regard, one refers to custom. One refers to custom. Yes.
Among them is the option of the session, and this is what is indicated in his statement: "It is narrated from Ibn 'Umar (may Allah be pleased with him and his father) from the Messenger of Allah (peace and blessings be upon him) who said:
When two men enter into a transaction, each of them has the choice (of annulling it) so long as they have not yet parted and are still together, or one of them has given the option or choice to the other. Once he has accepted the terms of the other, then the transaction is binding. If they part after concluding the transaction and neither of them has rescinded the transaction then the transaction is binding.
إذا تبايع الرجلان ، فكل واحد منهما بالخيار ما لم يتفرقا وكانا جميعاً ، أو يخير أحدهما الآخر ، فإن خير أحدهما الآخر فتبايعا على ذلك فقد وجب البيع ، وإن تفرقا بعد أن تبايعا ولم يترك واحد منهما البيع فقد وجب البيعHe said:
When two men trade with each other
إذا تبايع الرجلانAnd his statement (peace and blessings be upon him):
each of them
كل واحد منهماhas the option
بالخيارas long as they have not separated
ما لم يتفرقاwhile they are still together
وكانا جميعاNow, regarding separation, we said that it is from the place of the contract. If they both stand up from the place of the contract, do we say they have separated? Meaning, they contracted in the session, then both stood up and walked to the market. Do we say they have separated?
The student: No.
The Shaykh : No, they have not separated. Rather, we say: they have left, they have left the session of the contract, but they have not separated.
Now, if they are in an airplane, for example, if they are in an airplane and contract in the airplane, and the flight time is ten hours, do they have the option for ten hours?
The student: Yes.
The Shaykh : Yes, they have the option for ten hours, just as if they were sitting in this place for ten hours.
Now, does separation occur through sleep, as if they traded while spreading out their bedding? Now, they accepted the sale, and they slept. When they woke up, one of them said: "I made a mistake." Does he have the right to do that? Hmm?
The student: He has the right.
The Shaykh : Did they separate? They did not separate, but in such a case, it should be said: if there is a fear of dispute, let us be in the other state.
He said:
or one of them gives the other the option
أو يخير أحدهما الآخرNow, he said:
or one of them gives the other the option
أو يُخير أحدهما الآخرOnce he has accepted the terms of the other, then the transaction is binding.
فإن خير أحدهما الآخر فتبايعا على ذلك فقد وجب البيعIf they part after concluding the transaction and neither of them has rescinded the transaction then the transaction is binding.
وإن تفرقا بعد أن تبايعا ولم يترك واحد منهما البيع فقد وجب البيعThe first case: If one of them gives the other the option, it becomes binding for the one who gave the option. And if each of them gives the other the option, it becomes binding for both of them.
The second case in which the sale becomes binding: if they separate. Separation does not have a specific legal limit, so in that regard, one refers to custom. One refers to custom. Yes.