Explanation of the author's statement: "And each of the two parties in a sale has the option [khiyar] as long as they have not separated according to custom by their physical presence."

The Shaykh : The author (may Allah have mercy on him) says: "And each of the two parties in a sale has the option [khiyar] as long as they have not separated according to custom by their physical presence". Yes, each of them has the option as long as they have not separated. The evidence is the hadith of Ibn 'Umar: But by what means is the separation? Is it limited by the Shari'ah? The scholars say it is limited by custom, because the Shari'ah did not specify it. And whatever the Shari'ah brings without specifying it, it is referred back to custom, as the poet said: "And whatever comes without being specified by the Shari'ah, like the barrier, define it by custom". For this reason, the author said: "as long as they have not separated according to custom by their physical presence". He said "by their physical presence" (may Allah have mercy on him) to refute the claim of those who say that the meaning of separation is separation by their words, and that the meaning of the hadith is that each of the two parties in a sale has the option as long as the acceptance from the buyer has not taken place. If the acceptance from the buyer takes place, then they have separated by their words, and there is no option. But this opinion is weak, because the sale cannot be completed except by separation by words. The sale is not established except by offer and acceptance. When the acceptance is completed, we say the contract has taken place. And the hadith says when the two men trade. There is no reality to their trading until what happens? Offer and acceptance. This opinion is weak, but we mentioned it because the author explicitly stated it. He explicitly stated "by their physical presence" to guard against the opinion that the meaning of separation is separation by words, and this is weak. Now, how is the separation according to custom? We look at it. If they are walking from the mosque to the Institute of Islamic Studies, and he sold to him at the mosque, and they began walking to the Institute of Islamic Studies, and this walking takes how long?

The questioner : Half an hour.

The Shaykh : No, no, it does not take half an hour.

The questioner : A third of an hour.

The Shaykh : A third of an hour at most, and people differ in their walking. If these two men are walking and talking, yes, it can be half an hour. And if they hurry, it is less. Do they have the option until they separate at the Institute?

The questioner : Yes.

The Shaykh : Yes, they have that as long as they are walking together, accompanying each other. They have the option. If one of them enters the Institute and the other goes to his work, then the separation has occurred. Now, if they are in a room and they trade, then one of them leaves the room to the bathroom to relieve himself, have they separated?

The questioner : Yes, ... .

The Shaykh : They have separated. How have they not separated? They have separated.

The questioner : ... .

The Shaykh : Yes, if he returns to the first gathering, it is over. So these two have separated. Now, if they are in an airplane heading to a distant place, the duration of which is thirteen hours by plane, and they trade at takeoff, and it does not land until after thirteen hours, what is the duration of the option? Thirteen hours. He has the option as long as they have not separated. But the solution to this problem is that they trade with no option. For this reason, the Prophet (peace and blessings be upon him) said in the hadith: And the meaning of that is that they drop the option. He said, "Look, the duration will be long, and you are next to me in the seat, but you see there is no option between us." He said, "There is no harm." So, immediately upon the offer and acceptance, what happens? The sale is binding, and there is no option. If they do not negate it in the contract after ten minutes have passed, he says, "So-and-so, let us cut off the option," because he fears his partner will rescind. He says, "Perhaps we can cut off the option," and they cut it off. Is it valid?

The questioner : Yes.

The Shaykh : It is valid, because the right belongs to them, and they have dropped it. If one of them refuses, it is not valid. But does the option of the other one, who said we will drop the option, drop? The hadith says: And it appears that requesting to drop the option is not dropping the option, is it not? This is what appears. Now.