the sale in which the option is stipulated. In this case, it is not binding upon their separation, nor is their separation a limit for the option therein, because it is established even after they separate. It is also possible that he meant a sale in which they stipulated that there be no option between them, in which case it becomes binding upon the mere conclusion of the contract without separation. The apparent meaning of the hadith is the prohibition of one of the two parties to a sale separating from his companion for fear of the rescission of the sale. This is the apparent view of Ahmad in the narration of al-Athram, for the act of Ibn 'Umar and the hadith of 'Amr ibn Shu'ayb were mentioned to him, and he said: "This, now, is the statement of the Prophet (peace and blessings of Allah be upon him)," and this is the choice of Abu Bakr. The judge [al-Qadi] mentioned that the apparent meaning of the words of Ahmad is the permissibility of that, because Ibn 'Umar, if he bought something he liked, would separate from his companion. Agreed upon. The first is more correct, because the statement of the Prophet (peace and blessings of Allah be upon him) is prioritized over the act of Ibn 'Umar. The likely scenario is that this did not reach Ibn 'Umar, for had it reached him, he would not have opposed it.
The Third Section: The apparent meaning of the words of al-Khiraqi is that the option extends until separation, and it is not voided by mutual waiving [al-takhayur] before or after the contract. This is one of the two narrations from Ahmad, because the majority of the narrations from the Prophet (peace and blessings of Allah be upon him) state: "The two parties to a sale have the option as long as they have not separated," without restriction or specification. This is how it was narrated by Hakim ibn Hizam, Abu Barzah, and the majority of the narrations from 'Abd Allah ibn 'Umar. The second narration is that the option is voided by mutual waiving. This was chosen by al-Sharif ibn Abi Musa, and this is the school of al-Shafi'i, and it is more correct, due to the statement of the Prophet (peace and blessings of Allah be upon him) [in the hadith of Ibn 'Umar]: "If one of them gives the other the choice, and they sell upon that, the sale is then binding." Meaning, it becomes obligatory. In one wording: "The two parties to a sale have the option as long as they have not separated, unless the sale was with an option."
(12) Recorded by al-Bukhari, in: Chapter on How Much of the Option is Permissible, from the Book of Sales. Sahih al-Bukhari 3/83. And Muslim, in: Chapter on the Establishment of the Option of the Session for the Two Parties to a Sale, from the Book of Sales. Sahih Muslim 3/1163, 1164. (13) In MS (m): "knew it". (14) In the original: "narration". (15) In the original: "my father". (16) Omitted from the original. (17) Its documentation was previously mentioned on page 10.
