The discussion regarding the author's statement: "And for the one who was unaware of it and whose purpose was not fulfilled, there is the option"
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The Shaykh : A man sold a person a piece of land, stating that it was one thousand square meters, but it turned out to be five hundred. What is the ruling on the sale?
The questioner : If he sold the entire land.
The Shaykh : Yes, he said, "I sold you this land as being one thousand square meters," but it turned out to be five hundred.
The questioner : The buyer has the right to take the difference; the option belongs to the buyer to take the difference.
The Shaykh : So, is the sale valid or invalid?
The questioner : Correct.
The Shaykh : The sale is valid. Now, does the buyer have the option? Unconditionally?
The questioner : No, if his purpose is not frustrated, he does not have it.
The Shaykh : How is his purpose frustrated?
The questioner : For example, if this land was sufficient for the house that...
The Shaykh : The seller cannot... it is limited to lands.
The questioner : No, he gives him from the price.
The Shaykh : Meaning, it is deducted from the price. If he said, "I estimated it to be one thousand to build a specific structure on it, and now it is five hundred, I do not want it at all."
The questioner : He has the option.
The Shaykh : He has the option? What do you say? Correct, yes. If the seller knew, and he said, "I sold you this land as being one thousand square meters," and he knew that the buyer knew it was five hundred square meters, does he have the option?
The questioner : He does not have the option.
The Shaykh : Yes?
The questioner : He does not have the option.
The Shaykh : Why?
The questioner : He entered the transaction with full knowledge.
The Shaykh : Because he entered the transaction with full knowledge, and this is taken from the author's statement: "And for the one who was unaware of it and whose purpose was not fulfilled, there is the option". Now, let us read the new lesson.
In the name of Allah, the Most Gracious, the Most Merciful. The author (may Allah have mercy on him) said: "The Chapter on the Option". The option is a verbal noun; it is a verbal noun, and its verb is "to choose." We do not say it is a source noun, because the source noun of "to choose" is "choice." Any word that indicates the meaning of a source noun but does not contain the letters of the verb is called a verbal noun, such as "speech" being a verbal noun for "speaking," "peace" being a verbal noun for "greeting," "glorification" being a verbal noun for "glorifying," and so on. So, what is the option? The option is taking the better of two matters; taking the better of two matters. It is said, "He chose," meaning he took the better of two matters in his view. Here, the option is taking the better of two matters: either confirming or canceling, whether it is for the seller or the buyer.
He said: "And it has categories". There are eight categories, and the categories were limited to eight based on tracking and induction. That is, the scholars tracked the texts regarding the option and found that they do not exceed eight, or they saw that they limited them to eight in this chapter, even though there are matters involving the option that were not mentioned in this chapter, including the last issue in the section before this, which was not mentioned in the chapter on the option.
He says, the first is the option of the session. The session is the place of sitting, and what is meant here is the place of the transaction, even if the contract was made while they were standing or while they were lying down, the option would be for them. It is called the option of the session because what is meant by the session is what? The place of the transaction, not specifically sitting.
He said: "It is established in sale". It is established in sale for whom? For the seller and the buyer. The evidence for that is the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 2182Sahih (Darussalam) and his saying: Sahih al-Bukhari 2112 This is one.
The author said: "And in settlement with its meaning". Settlement with its meaning means that the option is established in a settlement that is in the meaning of a sale. The pronoun in his statement "with its meaning" refers to the sale, meaning the settlement that is in the meaning of a sale. This is because settlement is of two types, as will come in its chapter. One of the types is what is in the meaning of a sale, such as a person acknowledging to another person one hundred sa' of wheat, then settling with the one who acknowledged it for these sa' for one hundred dirhams. This settlement is in the meaning of a sale because it is a clear exchange. So, the settlement in the meaning of a sale establishes the option by analogy to what? By analogy to sale. Likewise, it is established in leasing and its hire, because leasing is the sale of benefits.
The questioner : If he sold the entire land.
The Shaykh : Yes, he said, "I sold you this land as being one thousand square meters," but it turned out to be five hundred.
The questioner : The buyer has the right to take the difference; the option belongs to the buyer to take the difference.
The Shaykh : So, is the sale valid or invalid?
The questioner : Correct.
The Shaykh : The sale is valid. Now, does the buyer have the option? Unconditionally?
The questioner : No, if his purpose is not frustrated, he does not have it.
The Shaykh : How is his purpose frustrated?
The questioner : For example, if this land was sufficient for the house that...
The Shaykh : The seller cannot... it is limited to lands.
The questioner : No, he gives him from the price.
The Shaykh : Meaning, it is deducted from the price. If he said, "I estimated it to be one thousand to build a specific structure on it, and now it is five hundred, I do not want it at all."
The questioner : He has the option.
The Shaykh : He has the option? What do you say? Correct, yes. If the seller knew, and he said, "I sold you this land as being one thousand square meters," and he knew that the buyer knew it was five hundred square meters, does he have the option?
The questioner : He does not have the option.
The Shaykh : Yes?
The questioner : He does not have the option.
The Shaykh : Why?
The questioner : He entered the transaction with full knowledge.
The Shaykh : Because he entered the transaction with full knowledge, and this is taken from the author's statement: "And for the one who was unaware of it and whose purpose was not fulfilled, there is the option". Now, let us read the new lesson.
In the name of Allah, the Most Gracious, the Most Merciful. The author (may Allah have mercy on him) said: "The Chapter on the Option". The option is a verbal noun; it is a verbal noun, and its verb is "to choose." We do not say it is a source noun, because the source noun of "to choose" is "choice." Any word that indicates the meaning of a source noun but does not contain the letters of the verb is called a verbal noun, such as "speech" being a verbal noun for "speaking," "peace" being a verbal noun for "greeting," "glorification" being a verbal noun for "glorifying," and so on. So, what is the option? The option is taking the better of two matters; taking the better of two matters. It is said, "He chose," meaning he took the better of two matters in his view. Here, the option is taking the better of two matters: either confirming or canceling, whether it is for the seller or the buyer.
He said: "And it has categories". There are eight categories, and the categories were limited to eight based on tracking and induction. That is, the scholars tracked the texts regarding the option and found that they do not exceed eight, or they saw that they limited them to eight in this chapter, even though there are matters involving the option that were not mentioned in this chapter, including the last issue in the section before this, which was not mentioned in the chapter on the option.
He says, the first is the option of the session. The session is the place of sitting, and what is meant here is the place of the transaction, even if the contract was made while they were standing or while they were lying down, the option would be for them. It is called the option of the session because what is meant by the session is what? The place of the transaction, not specifically sitting.
He said: "It is established in sale". It is established in sale for whom? For the seller and the buyer. The evidence for that is the saying of the Prophet (peace and blessings be upon him):
The two parties to a transaction have the choice (of annulling it) so long as they have not yet parted.
البيّعان بالخيار ما لم يتفرقاBoth the buyer and the seller have the option of canceling or confirming the bargain, as long as they are still together
إذا تبايع الرجلان فكل واحد منهما بالخيار مالم يتفرّقاThe author said: "And in settlement with its meaning". Settlement with its meaning means that the option is established in a settlement that is in the meaning of a sale. The pronoun in his statement "with its meaning" refers to the sale, meaning the settlement that is in the meaning of a sale. This is because settlement is of two types, as will come in its chapter. One of the types is what is in the meaning of a sale, such as a person acknowledging to another person one hundred sa' of wheat, then settling with the one who acknowledged it for these sa' for one hundred dirhams. This settlement is in the meaning of a sale because it is a clear exchange. So, the settlement in the meaning of a sale establishes the option by analogy to what? By analogy to sale. Likewise, it is established in leasing and its hire, because leasing is the sale of benefits.