Benefits of the Hadith: (When two men trade with each other, each of them has the option as long as they have not separated and they are still together . . . . ).
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The Shaykh : Among the benefits of the hadith:
First: The establishment of the option (khiyar) for the two parties to a transaction as long as they have not separated, based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 2112.
The second of its benefits is also: The Shari'ah's consideration for the circumstances of people, because this option granted to the two parties was established to be lenient toward them. Indeed, if a person does not possess the commodity, it is dear to him, and he finds himself eager to own it. But once he owns it, it may become less valuable in his eyes, and he may choose not to keep it. This is a known fact, which is why it is said: "The thing a person loves most is what he has been prevented from having". So, when it is in the possession of another, he finds himself attached to it, but once he owns it, it becomes trivial to him. Therefore, the Lawgiver granted him the option, but He did not make it an absolute option. If He had made it an absolute option, it would follow that a binding contract would become a non-binding contract. And if He had made the option—meaning the option—dependent on an unspecified duration, tied to the desire of each party, the option would become unknown. For this reason, the Lawgiver set it for a specific duration that gives the person some freedom, without removing the binding nature of the contract or plunging the contract into ambiguity.
So the issue is either to say: there is no option at all, or to establish the option absolutely, or to establish it as long as they are both satisfied with it, or to establish it as long as they are in the assembly.
So the cases are four: If we say there is no option, it follows that we are restricting people and not giving them a space in which a person can reflect. If we make the option absolute, it follows that a binding contract becomes non-binding. If we say they have the option until they are both satisfied, the duration becomes unknown. If we make the option last until they separate, we give them some freedom without ambiguity and without harm.
Now, among the benefits of this hadith: The permissibility of waiving this option by both of them or by one of them, based on his saying:Sahih al-Bukhari 2112. As for one of them, it is clear based on his saying: . As for both of them, it is because if it is permissible for one of them, it is permissible for the other, because the right belongs to both of them. So if they waive it and trade on the condition that there is no option between them, by saying: "I sold you this house for one hundred thousand dirhams on the condition that neither of us has an option," this is a sale on the condition of no option.
Or he says: "I sold you my house for one hundred thousand dirhams," and then during the assembly he says: "Let us agree to waive the option." If they agree, the option is waived. If one of them refuses and the other waives it, the right is his, based on his saying:Sahih al-Bukhari 2112.
Among the benefits of the hadith: The permissibility of extending the option to after separation, which is derived from the second possibility in his saying:Sahih al-Bukhari 2112, because it is suitable for both matters.
If you say: How can it be suitable for two contradictory matters, the first being the waiver of the option, and the second being its extension?!
We say: Because the general texts indicate the permissibility of conditions between contracting parties as long as they do not contradict the Shari'ah, and here there is no contradiction of the Shari'ah.
Among the benefits of the hadith: That a specific right belonging to a human being may be waived by him, based on his saying:Sahih al-Bukhari 2112. So if the right is purely the right of the human being, he may waive it, because no one demands its establishment from him.
Among the benefits of the hadith: That a sale is among the binding contracts, based on his saying:. And its being among the binding contracts is what conforms to the interests of the servants of Allah, because if a sale were among the non-binding contracts, no one would be able to dispose of the consideration that transferred to him in a way that reassures him, because he would fear that at any moment the other party would say: "I have annulled the sale." Therefore, it is in the interest of the servants of Allah that the contract of sale be a binding contract for both parties.
Among the benefits of the hadith: The permissibility of a person waiving what is his right, even if the other party does not agree, based on his saying:Sahih al-Bukhari 2112. So if the seller, for example, says to the buyer when the buyer says "I chose to annul the contract," the seller says: "It is not possible, because this harms the commodity and destroys its future."
His answer should be to say to him: "This is a right the Lawgiver granted to me, and you cannot prevent me from it." But we must know that if the one exercising the option intends to harm his partner, that is forbidden for him, even though we rule in his favor based on the apparent situation, it is forbidden for him. If he bid, then bid, then bid until the bidding ended with him, and then he sold it to him, and his intention was to annul the sale in order to lower the value of the commodity in the minds of people, then that is forbidden for him, because it is harming his brother. But if his annulment of the sale is out of desire, not out of intent to harm, then this is his right, and he may do it even if his partner is harmed, based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 2112.
Know that people differed greatly on this hadith, and the truth is that it is a difference with no benefit. And whoever reflects on the hadith and the noble meanings it contains will find that it does not contradict the rule, nor does it contradict analogical reasoning (qiyas), and that it is the requirement of analogical reasoning and correct reflection. And that the intended meaning of separation is separation of the bodies, not separation of speech. And the claim that it is separation of speech and that the sale is binding merely by offer and acceptance is a very weak statement. Ibn 'Umar (may Allah be pleased with him and his father), the narrator of the hadith, used to stand up from the assembly and leave the assembly when someone sold him something, so that he would not waive the option, or so that the seller would not annul it. This indicates that the intended meaning of separation here is the separation of bodies, and there is no need for the contrivance adopted by those who claimed that there is no option of the assembly in a sale.
First: The establishment of the option (khiyar) for the two parties to a transaction as long as they have not separated, based on the saying of the Prophet (peace and blessings be upon him):
Both the buyer and the seller have the option of canceling or confirming the bargain, as long as they are still together
فكل واحد منهما بالخيار ما لم يتفرقاThe second of its benefits is also: The Shari'ah's consideration for the circumstances of people, because this option granted to the two parties was established to be lenient toward them. Indeed, if a person does not possess the commodity, it is dear to him, and he finds himself eager to own it. But once he owns it, it may become less valuable in his eyes, and he may choose not to keep it. This is a known fact, which is why it is said: "The thing a person loves most is what he has been prevented from having". So, when it is in the possession of another, he finds himself attached to it, but once he owns it, it becomes trivial to him. Therefore, the Lawgiver granted him the option, but He did not make it an absolute option. If He had made it an absolute option, it would follow that a binding contract would become a non-binding contract. And if He had made the option—meaning the option—dependent on an unspecified duration, tied to the desire of each party, the option would become unknown. For this reason, the Lawgiver set it for a specific duration that gives the person some freedom, without removing the binding nature of the contract or plunging the contract into ambiguity.
So the issue is either to say: there is no option at all, or to establish the option absolutely, or to establish it as long as they are both satisfied with it, or to establish it as long as they are in the assembly.
So the cases are four: If we say there is no option, it follows that we are restricting people and not giving them a space in which a person can reflect. If we make the option absolute, it follows that a binding contract becomes non-binding. If we say they have the option until they are both satisfied, the duration becomes unknown. If we make the option last until they separate, we give them some freedom without ambiguity and without harm.
Now, among the benefits of this hadith: The permissibility of waiving this option by both of them or by one of them, based on his saying:
or one of them gives the other the option
أو يخير أحدهما الآخرOr one of them informs the other
أو يخبر أحدهما الآخرOr he says: "I sold you my house for one hundred thousand dirhams," and then during the assembly he says: "Let us agree to waive the option." If they agree, the option is waived. If one of them refuses and the other waives it, the right is his, based on his saying:
or one of them gives the other the option
أو يخير أحدهما الآخرAmong the benefits of the hadith: The permissibility of extending the option to after separation, which is derived from the second possibility in his saying:
or one of them gives the other the option
أو يخير أحدهما الآخرIf you say: How can it be suitable for two contradictory matters, the first being the waiver of the option, and the second being its extension?!
We say: Because the general texts indicate the permissibility of conditions between contracting parties as long as they do not contradict the Shari'ah, and here there is no contradiction of the Shari'ah.
Among the benefits of the hadith: That a specific right belonging to a human being may be waived by him, based on his saying:
or one of them gives the other the option
أو يخير أحدهما الآخرAmong the benefits of the hadith: That a sale is among the binding contracts, based on his saying:
the sale has become obligatory
فقد وجب البيعAmong the benefits of the hadith: The permissibility of a person waiving what is his right, even if the other party does not agree, based on his saying:
none of them has rejected it
ولم يترك واحد منهما البيعHis answer should be to say to him: "This is a right the Lawgiver granted to me, and you cannot prevent me from it." But we must know that if the one exercising the option intends to harm his partner, that is forbidden for him, even though we rule in his favor based on the apparent situation, it is forbidden for him. If he bid, then bid, then bid until the bidding ended with him, and then he sold it to him, and his intention was to annul the sale in order to lower the value of the commodity in the minds of people, then that is forbidden for him, because it is harming his brother. But if his annulment of the sale is out of desire, not out of intent to harm, then this is his right, and he may do it even if his partner is harmed, based on the saying of the Prophet (peace and blessings be upon him):
and none of them has rejected it, then the bargain is rendered final.
ولم يترك واحد منهما البيع فقد وجب البيعKnow that people differed greatly on this hadith, and the truth is that it is a difference with no benefit. And whoever reflects on the hadith and the noble meanings it contains will find that it does not contradict the rule, nor does it contradict analogical reasoning (qiyas), and that it is the requirement of analogical reasoning and correct reflection. And that the intended meaning of separation is separation of the bodies, not separation of speech. And the claim that it is separation of speech and that the sale is binding merely by offer and acceptance is a very weak statement. Ibn 'Umar (may Allah be pleased with him and his father), the narrator of the hadith, used to stand up from the assembly and leave the assembly when someone sold him something, so that he would not waive the option, or so that the seller would not annul it. This indicates that the intended meaning of separation here is the separation of bodies, and there is no need for the contrivance adopted by those who claimed that there is no option of the assembly in a sale.