of shighar (22), and the mustahill (a man who marries a divorced woman to make her lawful for her previous husband). Furthermore, the seller was only satisfied with parting with his offering for this price with the option of reclaiming it, and the buyer was only satisfied with parting with this price for it with the option of annulling it; so if we validated it, we would be removing the ownership of each one of them from him without his consent and compelling him to what he was not satisfied with. Furthermore, the condition takes a portion of the price, so if we deleted it, it would be necessary to return what dropped from the price because of it, and that is unknown, so the price becomes unknown, and the contract becomes corrupt. The second position is that the contract does not become corrupt by it, and this is the position of Ibn Abi Layla, due to the hadith of Barirah (24). Furthermore, the contract has been completed with its pillars, and the condition is supplementary; so if it becomes corrupt and is removed, the corrupt part falls away, and the contract remains with its two pillars, so it is valid (25), just as if he had not stipulated it.

Section: If they stipulate the option until the harvest or the fruit picking, it is possible that it is like suspending it upon the arrival of Zayd; because that varies, and may come earlier or later, so it was unknown. It is also possible that it is valid; because that is approximately the same according to custom, and its variation is not significant. If they stipulate it until the "ata'" (grant/payment), and he meant the time of the grant, and it was known, it is valid, just as if he had stipulated it until a known day. If he meant the grant itself, it is unknown, because it varies.

Section: If he stipulates the option for a month, whereby it is established on one day and not established on another, Ibn 'Aqil said: It is valid for the first day, because it is possible, and it becomes void for what follows it; because if it becomes binding on the second day, it does not return to being permissible. It is also possible that the entire condition is void; because it is a single condition that covered the option over several days, so if it becomes corrupt in part of it, it becomes corrupt in its entirety, just as if he had stipulated it until the harvest.