The discussion regarding the option of stipulation and its forms.
Machine translationRead the Arabic original
The Shaykh : Is the option of stipulation valid or not? Ahmad?
The questioner : Yes?
The Shaykh : What is the evidence?
The questioner : The evidence is the saying of the Prophet (peace and blessings be upon him) a hadith ... .
The Shaykh : Okay, this is the option of the meeting.
The questioner : Yes,Sahih al-Bukhari 2112 .
The Shaykh : Yes, how is the indication from this?
The questioner : I mean, the saying of the Prophet (peace and blessings be upon him) indicates the permissibility of stipulating the option, and when it is established by explicit text.
The Shaykh : When he said "as long as they have not separated, or one of them gives the other the option," it indicates that if one gives the other the option after separation, this is valid, and the option of stipulation. Another evidence, Sharafi?
The questioner : The saying of the Prophet (peace and blessings be upon him)Sunan Ibn Majah 2521Sahih (Darussalam) .
The Shaykh : What is the indication?
The questioner : The point of indication is that this stipulation does not contradict what is in the Book of Allah.
The Shaykh : What is the evidence that it does not contradict?
The questioner : Okay, the saying of the hadith ...Bulugh al-Maram 7:115 .
The Shaykh : Okay, is there anything in the Qur'an that indicates this?
The questioner : His saying, the Exalted:[Al-Ma'idah 5:1].
The Shaykh : Yes, and the command to fulfill contracts includes fulfilling their essence and their conditions, which are what was stipulated in them. Okay, is it permissible to stipulate the option for a long period? The brother?
The questioner : Yes, if the contract is renewed before the end of ...
The Shaykh : How is the contract renewed? He stipulated the option for a long period.
The questioner : If it is before the end, he said, for example, "I gave you the option ... before ..."
The Shaykh : A long period, three months?
The questioner : Before the end of the period of the option or the choice ... .
The Shaykh : Answer, say yes or no only?
The questioner : Yes.
The Shaykh : It is valid for a long period. Okay, if the item does not last this period, like watermelon?
The questioner : It is not valid.
The Shaykh : It is not valid.
The questioner : It is defective.
The Shaykh : It is defective. Yes?
The questioner : It is valid, O Shaykh, it is valid, but it is sold and the value is preserved.
The Shaykh : Correct, it is sold and the value is preserved, then if he chooses to annul the sale, he returns with what he paid of the price, and if he chooses to keep it, he takes the value. Okay, what is the meaning of his saying "or for a period that does not follow the contract," that it is established in the lease for a period that does not follow the contract.
The questioner : That if he made the option for a period.
The Shaykh : What does this mean? Or for a period that does not follow the contract?
The questioner : If he made the option.
The Shaykh : No.
The questioner : For example, if he sold, for example, he sold a commodity.
The Shaykh : It is not a sale, it is a lease.
The questioner : Yes, if he leased, for example, a house and stipulated that he has the option, for example, for a specific period, he says it is valid if the period in which the lease ... the contract.
The Shaykh : Good, what is its example?
The questioner : An example, for instance, if he said to him, "I have leased you my house, and I have the option for three months, on the condition that the lease period begins."
The Shaykh : I have leased you my house for a year, beginning from the entry of Ramadan in the year 1415, on the condition that I have the option until Sha'ban.
The questioner : Yes.
The Shaykh : Is it permissible?
The questioner : If it is before.
The Shaykh : I have leased you my house for a year, beginning from the first day of Ramadan, on the condition that I have the option until the first day of Sha'ban, what do you say?
The questioner : Correct.
The Shaykh : Is it valid?
The questioner : Yes.
The Shaykh : Is this issue valid?
The questioner : Yes, the period does not follow the contract.
The Shaykh : Because it is for a period that does not follow the contract, do you agree with this?
The questioner : Yes.
The Shaykh : Okay, if it is for a period that follows the contract?
The questioner : ... it is not permissible.
The Shaykh : It is not permissible, an example?
The questioner : ... I have leased you my house for a full year for one hundred riyals, but I have the option ..
The Shaykh : Its beginning is from now.
The questioner : Its beginning is from now, but I have the option ... so according to the school of thought it is not permissible, and the correct view ... .
The Shaykh : Okay, what is the cause that it is not permissible?
The questioner : That it follows the contract.
The Shaykh : Yes, this is the ruling, the cause? Why is it not valid? 'Abdullah?
The questioner : He calculated that it ... suspends some ... or the sold item or some ... .
The Shaykh : Depriving of the benefit?
The questioner : Yes?
The Shaykh : To depriving of the benefit during this period.
The questioner : Yes, to ... .
The Shaykh : Or suspending it, okay, because either it is suspended where the lease has not been completed in the option, or he takes it before the completion of the lease and its binding. Okay, it seems our brother who answered first is pointing to a disagreement in the issue? O 'Abdullah?
The questioner : ... .
The Shaykh : Yes, he said according to the school of thought, and the stronger opinion says that it is permissible.
The questioner : Which issue?
The Shaykh : Huh?
The questioner : I was not with you, I mean, which issue?
The Shaykh : What?
The questioner : The example he mentioned, which issue, what is the issue?
The Shaykh : The lease for a period that follows the contract, he said that the correct view is that the option of stipulation is permissible in it.
The questioner : Yes, this is what we preferred.
The Shaykh : I am not asking who preferred it?
The questioner : ... .
The Shaykh : Yes, okay, on this basis, if he chooses to annul the lease and a period of a month has passed, for example.
The questioner : He owes the equivalent rent.
The Shaykh : Is the contract annulled?
The questioner : The contract is annulled and he owes the equivalent rent.
The Shaykh : And he owes the equivalent rent, okay, can we not say he owes from the rent as a monthly installment?
The questioner : According to the annulment of the contract.
The Shaykh : The contract, we said, when he leased it for six months, one hundred per month, and he has the option for a month.
The questioner : According to what is in the month ... .
The Shaykh : Okay, when half a month has passed, he said, "I am satisfied," does he receive the equivalent rent for half a month, or does he receive his proportion of the rent, meaning a part of twelve parts?
The questioner : ... he is given his share.
The Shaykh : Huh?
The questioner : ... .
The Shaykh : Is he given his share?
The questioner : O Shaykh, if we say in this issue that it is ..
The Shaykh : This is your opinion that you said yesterday in the first lesson. Huh?
The questioner : That if we say that the compensation is apportioned to him, in this case we considered the contract and executed it if we apportioned to him the compensation by the value of the lease.
The Shaykh : I mean, he says the contract is annulled from the time of choosing annulment, and if we say that annulment lifts the contract from its root.
The questioner : Then the compensation is not apportioned.
The Shaykh : Then it is not apportioned, and he has the equivalent rent, okay, and the issue is disputed, is the option of stipulation valid in what requires mutual possession before separation? Kamil? Or were you not present?
The questioner : I do not remember.
The Shaykh : Okay, Ahmad?
The questioner : The correct view is that it is valid.
The Shaykh : Yes.
The questioner : And they take possession, then after that, if he sees half of the sale or looks, he separates before separation.
The Shaykh : Okay, valid in health, rather, the Shaykh al-Islam (may Allah have mercy on him) chose that the option applies to all contracts, even marriage, he sees that the option is permissible in it, yes, okay, then we start the new lesson now.
He said "And until tomorrow or the night, it is dropped by its beginning" Huh?
The questioner : And if they stipulated it for one of them.
The questioner : Yes?
The Shaykh : What is the evidence?
The questioner : The evidence is the saying of the Prophet (peace and blessings be upon him)
The two sellers have the option
البيّعان بالخيارThe Shaykh : Okay, this is the option of the meeting.
The questioner : Yes,
or one of them gives the other the option
أو يُخيّر أحدهما الأخرThe Shaykh : Yes, how is the indication from this?
The questioner : I mean, the saying of the Prophet (peace and blessings be upon him)
Or one of them gives the other the option
أو يخير أحدهم الأخرThe Shaykh : When he said "as long as they have not separated, or one of them gives the other the option," it indicates that if one gives the other the option after separation, this is valid, and the option of stipulation. Another evidence, Sharafi?
The questioner : The saying of the Prophet (peace and blessings be upon him)
Every conditions that is not in the Book of Allah (SWT) is invalid
كل شرط ليس في كتاب الله فهو باطلThe Shaykh : What is the indication?
The questioner : The point of indication is that this stipulation does not contradict what is in the Book of Allah.
The Shaykh : What is the evidence that it does not contradict?
The questioner : Okay, the saying of the hadith ...
and Muslims must abide by their conditions (which they have made), except for a condition which makes unlawful something which is lawful, or makes lawful something which is unlawful
المسلمون على شروطهم إلا شرطا حرم حلالا وأحل حراماThe Shaykh : Okay, is there anything in the Qur'an that indicates this?
The questioner : His saying, the Exalted:
O you who have believed, fulfill [all] contracts.
يا أيها الذين آمنوا أوفوا بالعقودThe Shaykh : Yes, and the command to fulfill contracts includes fulfilling their essence and their conditions, which are what was stipulated in them. Okay, is it permissible to stipulate the option for a long period? The brother?
The questioner : Yes, if the contract is renewed before the end of ...
The Shaykh : How is the contract renewed? He stipulated the option for a long period.
The questioner : If it is before the end, he said, for example, "I gave you the option ... before ..."
The Shaykh : A long period, three months?
The questioner : Before the end of the period of the option or the choice ... .
The Shaykh : Answer, say yes or no only?
The questioner : Yes.
The Shaykh : It is valid for a long period. Okay, if the item does not last this period, like watermelon?
The questioner : It is not valid.
The Shaykh : It is not valid.
The questioner : It is defective.
The Shaykh : It is defective. Yes?
The questioner : It is valid, O Shaykh, it is valid, but it is sold and the value is preserved.
The Shaykh : Correct, it is sold and the value is preserved, then if he chooses to annul the sale, he returns with what he paid of the price, and if he chooses to keep it, he takes the value. Okay, what is the meaning of his saying "or for a period that does not follow the contract," that it is established in the lease for a period that does not follow the contract.
The questioner : That if he made the option for a period.
The Shaykh : What does this mean? Or for a period that does not follow the contract?
The questioner : If he made the option.
The Shaykh : No.
The questioner : For example, if he sold, for example, he sold a commodity.
The Shaykh : It is not a sale, it is a lease.
The questioner : Yes, if he leased, for example, a house and stipulated that he has the option, for example, for a specific period, he says it is valid if the period in which the lease ... the contract.
The Shaykh : Good, what is its example?
The questioner : An example, for instance, if he said to him, "I have leased you my house, and I have the option for three months, on the condition that the lease period begins."
The Shaykh : I have leased you my house for a year, beginning from the entry of Ramadan in the year 1415, on the condition that I have the option until Sha'ban.
The questioner : Yes.
The Shaykh : Is it permissible?
The questioner : If it is before.
The Shaykh : I have leased you my house for a year, beginning from the first day of Ramadan, on the condition that I have the option until the first day of Sha'ban, what do you say?
The questioner : Correct.
The Shaykh : Is it valid?
The questioner : Yes.
The Shaykh : Is this issue valid?
The questioner : Yes, the period does not follow the contract.
The Shaykh : Because it is for a period that does not follow the contract, do you agree with this?
The questioner : Yes.
The Shaykh : Okay, if it is for a period that follows the contract?
The questioner : ... it is not permissible.
The Shaykh : It is not permissible, an example?
The questioner : ... I have leased you my house for a full year for one hundred riyals, but I have the option ..
The Shaykh : Its beginning is from now.
The questioner : Its beginning is from now, but I have the option ... so according to the school of thought it is not permissible, and the correct view ... .
The Shaykh : Okay, what is the cause that it is not permissible?
The questioner : That it follows the contract.
The Shaykh : Yes, this is the ruling, the cause? Why is it not valid? 'Abdullah?
The questioner : He calculated that it ... suspends some ... or the sold item or some ... .
The Shaykh : Depriving of the benefit?
The questioner : Yes?
The Shaykh : To depriving of the benefit during this period.
The questioner : Yes, to ... .
The Shaykh : Or suspending it, okay, because either it is suspended where the lease has not been completed in the option, or he takes it before the completion of the lease and its binding. Okay, it seems our brother who answered first is pointing to a disagreement in the issue? O 'Abdullah?
The questioner : ... .
The Shaykh : Yes, he said according to the school of thought, and the stronger opinion says that it is permissible.
The questioner : Which issue?
The Shaykh : Huh?
The questioner : I was not with you, I mean, which issue?
The Shaykh : What?
The questioner : The example he mentioned, which issue, what is the issue?
The Shaykh : The lease for a period that follows the contract, he said that the correct view is that the option of stipulation is permissible in it.
The questioner : Yes, this is what we preferred.
The Shaykh : I am not asking who preferred it?
The questioner : ... .
The Shaykh : Yes, okay, on this basis, if he chooses to annul the lease and a period of a month has passed, for example.
The questioner : He owes the equivalent rent.
The Shaykh : Is the contract annulled?
The questioner : The contract is annulled and he owes the equivalent rent.
The Shaykh : And he owes the equivalent rent, okay, can we not say he owes from the rent as a monthly installment?
The questioner : According to the annulment of the contract.
The Shaykh : The contract, we said, when he leased it for six months, one hundred per month, and he has the option for a month.
The questioner : According to what is in the month ... .
The Shaykh : Okay, when half a month has passed, he said, "I am satisfied," does he receive the equivalent rent for half a month, or does he receive his proportion of the rent, meaning a part of twelve parts?
The questioner : ... he is given his share.
The Shaykh : Huh?
The questioner : ... .
The Shaykh : Is he given his share?
The questioner : O Shaykh, if we say in this issue that it is ..
The Shaykh : This is your opinion that you said yesterday in the first lesson. Huh?
The questioner : That if we say that the compensation is apportioned to him, in this case we considered the contract and executed it if we apportioned to him the compensation by the value of the lease.
The Shaykh : I mean, he says the contract is annulled from the time of choosing annulment, and if we say that annulment lifts the contract from its root.
The questioner : Then the compensation is not apportioned.
The Shaykh : Then it is not apportioned, and he has the equivalent rent, okay, and the issue is disputed, is the option of stipulation valid in what requires mutual possession before separation? Kamil? Or were you not present?
The questioner : I do not remember.
The Shaykh : Okay, Ahmad?
The questioner : The correct view is that it is valid.
The Shaykh : Yes.
The questioner : And they take possession, then after that, if he sees half of the sale or looks, he separates before separation.
The Shaykh : Okay, valid in health, rather, the Shaykh al-Islam (may Allah have mercy on him) chose that the option applies to all contracts, even marriage, he sees that the option is permissible in it, yes, okay, then we start the new lesson now.
He said "And until tomorrow or the night, it is dropped by its beginning" Huh?
The questioner : And if they stipulated it for one of them.