(The Option of the Two Parties to a Sale)

Meaning, the chapter on the option of the two parties to a sale, where it was omitted for brevity.

700 - Issue: Abu al-Qasim, may Allah have mercy on him, said: "The two parties to a sale each have the option [to revoke the contract] as long as they have not separated physically."

There are three sections to this issue. The first is that the sale becomes valid, and each of the two contracting parties has the option to annul the sale as long as they remain together and have not separated. This is the opinion of the majority of scholars; it is narrated from Umar, Ibn Umar, Ibn Abbas, Abu Hurayrah, and Abu Barzah (1), and it is the opinion held by Sa'id ibn al-Musayyib, Shurayh, al-Sha'bi, 'Ata', Tawus, al-Zuhri, al-Awza'i, Ibn Abi Dhi'b, al-Shafi'i, Ishaq, Abu 'Ubayd, and Abu Thawr. Malik and the People of Opinion (Ahl al-Ra'y) said: "The contract becomes binding upon the offer and acceptance, and they have no option [to revoke it], because it was narrated from Umar, may Allah be pleased with him: 'The sale is either a firm contract (safqah) or an option.' Furthermore, it is a contract of exchange, so it becomes binding upon its mere conclusion, like marriage and khul' (divorce initiated by the wife)." Our evidence is what was narrated by Ibn Umar from the Messenger of Allah (peace and blessings of Allah be upon him) that he said: "When two men enter into a sale, each one of them has the option as long as they have not separated and are still together, or unless one of them gives the other the option. If one of them gives the other the option and they conclude the sale on that basis, then the sale has become binding. And if they separate after they have concluded the sale and neither of them has abandoned the sale, then the sale has become binding." [This is] agreed upon (2).