the seller. The reasoning for the first view is the statement of the Prophet (peace and blessings of Allah be upon him): "And if they part after having traded, and neither of them has abandoned the sale, then the sale has become binding" (33). What we mentioned for the other opinion is refuted by the sale of that which has been previously seen, the sale of described items, and salam contracts, for those are binding with what we have mentioned, and likewise the rest of the sold items according to one of the two narrations.
703 - Issue: He said: (And the option [khiyar] is permitted for more than three [days]).
He means three nights with their days. He only mentioned the nights because, in dating, the feminine form is dominant; Allah the Almighty said: {And We made an appointment with Moses for thirty nights and perfected them by ten; so the term of his Lord was completed as forty nights} (1). And He said: {they shall wait for four months and ten [days]} (2). And in the hadith of Habban (3): "And you have the option for three" (4). It is permitted to stipulate the option for any known period they agree upon, whether its duration is short or long, and this is the view of Abu Yusuf, Muhammad, and Ibn al-Mundhir. This was also narrated from al-Hasan ibn Salih, al-Anbari, Ibn Abi Layla, Ishaq, and Abu Thawr. Malik permitted it for more than three days commensurate with the need, such as a village that cannot be reached in less than four days, because the option is for his need, so it is estimated accordingly. Abu Hanifa and al-Shafi'i said: It is not permitted for more than three; based on what was narrated from Umar, may Allah be pleased with him,
(33) Its extraction was previously provided on page 10. (1) Surah al-A'raf, 142. (2) Surah al-Baqarah, 234. (3) Habban ibn Munqidh ibn 'Amr, al-Ansari al-Khazraji, he had companionship with the Prophet, and he witnessed Uhud and subsequent battles. He died during the caliphate of Uthman. Usd al-Ghaba 1/437. (4) The word "thalathan" (for three) was omitted from the original manuscript. The hadith was extracted by Ibn Majah, in: The chapter on imposing a restriction on one who squanders his wealth, from the Book of Judgments. Sunan Ibn Majah 2/789. And al-Bayhaqi, in: The chapter on the evidence that it is not permitted to stipulate an option in a sale for more than three days, from the Book of Sales. al-Sunan al-Kubra 5/273, 274. And al-Daraqutni from Munqidh ibn 'Amr, Abu Habban, in: The Book of Sales. Sunan al-Daraqutni 3/56. And al-Hakim, in: The chapter on no liability (uhda) exceeding four [days], from the Book of Sales. al-Mustadrak 2/22.
