Explanation of the author's statement: "And if they stipulated it for one of them without the other, it is valid, and until tomorrow or night, it lapses at its beginning."
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The Shaykh : Is that so? "And if they stipulated it for one of them without the other, it is valid" If they stipulated it, meaning the two parties to the transaction, for one of them, meaning the seller or the buyer, without the other, without his partner, it is valid and the option of the other lapses. What indicates this is the aforementioned evidence for the permissibility of the stipulated option, such as his saying: And what also indicates this is the hadith of Ibn 'Umar: Sunan al-Bayhaqi 5:34 So as long as the right belongs to them and they stipulated it for one of them without the other, it is valid. And if they did not stipulate it for one of them or for both, what is the ruling? Strange!
The questioner : It is shaken...
The Shaykh : Is the sale shaken?
The questioner : Yes.
The Shaykh : So there is no option?
The questioner : Yes, indeed.
The Shaykh : All right, then he said: "And until tomorrow or night, it lapses at its beginning" Meaning he said to me, "My option is until tomorrow," or "My option is until night," it lapses at its beginning. Why? Because the limit includes its beginning but not its end. So if he said "until tomorrow," tomorrow is not included; the option ends with the dawn of Fajr. Is that so? Is that so, 'Abd Allah 'Awadh?
The questioner : Yes.
The Shaykh : All right, "until night," night is not included; the option ends with the setting of the sun, by the saying of Allah the Exalted:[Al-Baqarah 2:187] And some scholars said that in this matter, one should refer to custom. So if he said "until tomorrow," it can be interpreted as the beginning of the market. And the beginning of markets generally is not from the Fajr adhan; it is from the rising of the sun and people going out to the markets. And this is the correct view. The correct view is that one should refer to custom. So if the custom of the merchants is that when they say "until tomorrow," they mean until the opening of the market, then the time limit is until the opening of the market. Yes. If there is no custom, or if the custom is not consistent, we refer to the language. And in the language, "tomorrow" begins from the dawn of Fajr, not from the beginning of the night.
From the dawn of Fajr. All right, "until night"?
The questioner : Until the setting of the sun.
The Shaykh : Until the setting of the sun. If it is estimated that there is a custom where merchants gather after 'Isha' and they consider the time limits deferred to the night to mean the session after 'Isha', then it is restricted by that. And this is a rule that we should know: the reference for what people exchange in speech and actions is custom. If there is no custom, or if the custom is inconsistent, we refer to the language. We refer to the language, unless the thing has a legal reality. If the thing has a legal reality, it takes precedence over all realities. All right.
Muslims are bound by their conditions
المسلمون على شروطهمOr one of them gives the other the option
أو يُخيّر أحدهما صاحبهThe questioner : It is shaken...
The Shaykh : Is the sale shaken?
The questioner : Yes.
The Shaykh : So there is no option?
The questioner : Yes, indeed.
The Shaykh : All right, then he said: "And until tomorrow or night, it lapses at its beginning" Meaning he said to me, "My option is until tomorrow," or "My option is until night," it lapses at its beginning. Why? Because the limit includes its beginning but not its end. So if he said "until tomorrow," tomorrow is not included; the option ends with the dawn of Fajr. Is that so? Is that so, 'Abd Allah 'Awadh?
The questioner : Yes.
The Shaykh : All right, "until night," night is not included; the option ends with the setting of the sun, by the saying of Allah the Exalted:
Then complete the fast until the sunset
ثم أتمّوا الصيام إلى الليلFrom the dawn of Fajr. All right, "until night"?
The questioner : Until the setting of the sun.
The Shaykh : Until the setting of the sun. If it is estimated that there is a custom where merchants gather after 'Isha' and they consider the time limits deferred to the night to mean the session after 'Isha', then it is restricted by that. And this is a rule that we should know: the reference for what people exchange in speech and actions is custom. If there is no custom, or if the custom is inconsistent, we refer to the language. We refer to the language, unless the thing has a legal reality. If the thing has a legal reality, it takes precedence over all realities. All right.