(peace and blessings of Allah be upon him): "The two parties to a sale have the option as long as they have not separated." [It was] narrated by all of the Imams (3). It was also narrated by Abdullah ibn Umar, Abdullah ibn Amr, Hakim ibn Hizam, and Abu Barzah al-Aslami. There is consensus on the hadith of Ibn Umar and Hakim. It was narrated from Nafi' from Ibn Umar by Malik, Ayyub, Ubaydullah ibn Umar, Ibn Jurayj, al-Layth ibn Sa'd, Yahya ibn Sa'id, and others. It is explicit regarding the ruling of the issue. Many of the people of knowledge criticized Malik for contradicting the hadith despite his narrating it and its authenticity according to him. Al-Shafi'i, may Allah have mercy on him, said: "I do not know whether Malik cast doubt upon himself or upon Nafi', and I deem it too grave to say: upon Abdullah ibn Umar." Ibn Abi Dhi'b said: "Malik should be asked to repent for abandoning this hadith." If it is said: "The meaning of 'separation' here is separation by words, as Allah the Almighty said: 'And those who were given the Scripture did not divide' (4). And the Prophet (peace and blessings of Allah be upon him) said: 'My nation will divide into seventy-three sects' (5), meaning by words and beliefs," we say: This is false for several reasons. Among them is that the wording does not bear the interpretation they have given it, for there is no separation between the two parties to a sale by word (6) or belief; rather, there is an agreement between them on the price and the item sold after they had disagreed upon it. The second is that this nullifies the benefit of the hadith, as it is already known that they have the option before the contract in terms of initiating it, completing it, or abandoning it. The third is that he said in the hadith: "When two men enter into a sale, each one of them has the option," granting them the option after they have entered into the sale, and he said: "And if they separate after they have concluded the sale and neither of them has abandoned the sale, then the sale has become binding." The fourth is that this is refuted by Ibn Umar's interpretation of the hadith through his own action, for when he would sell to a man, he would walk a few steps so that the sale would become binding, as well as Abu Barzah's interpretation of it, which corresponds to our view; both of them are narrators of the hadith and more knowledgeable of its meaning. As for the statement of Umar: "The sale is either a firm contract or an option," it means that a sale is divided into a sale where an option is stipulated and a sale where it is not stipulated. He called it a firm contract due to the shortness of the option period in it, for Abu Ishaq al-Juzajani narrated from him something that supports our school of thought. Even if he intended what they said, it would not be permissible to use it to oppose the statement of the Prophet (peace and blessings of Allah be upon him), for there is no proof in anyone's word alongside the word of the Prophet (peace and blessings of Allah be upon him). Moreover, when the statement of the Prophet (peace and blessings of Allah be upon him) reached Umar, he would retract his own opinion, so how can his statement be used to oppose his [own] statement? Furthermore, the statement of Umar is not a proof if some of the Companions disagreed with him, and his son, Abu Barzah, and others have indeed disagreed with him. It is also not valid to make an analogy between a sale and marriage, because a marriage does not generally occur except after deliberation, consideration, and waiting, so it does not require an option after it. Additionally, there is harm in establishing an option in it, due to the consequences of returning a woman after she has been exposed by the contract, her honor being diminished by the return, and her being likened to sold commodities; thus, no option is established for it for that reason, and this is why neither the option of condition (khiyar al-shart) nor the option of inspection (khiyar al-ru'yah) is established in it. The ruling in this issue is manifest due to the clarity of its evidence and the weakness of what the opponent has mentioned in opposition to it. And Allah knows best. The second section: The sale becomes binding upon their separation, due to the evidence of the hadith supporting it, and there is no disagreement regarding its binding nature after separation. The reference point for separation is the custom and habit of the people regarding what they consider to be a separation, because the Lawgiver (al-Shari') attached a ruling to it without defining it, which indicates that He intended what people recognize as such, like taking possession (qabd) and securing [the item]. If they are in a vast open space, such as a large mosque or a desert, then it is by one of them walking a few steps while turning his back to his companion. It is also said: It is for him to move away from him to the extent that he cannot hear his speech in the customary manner. Abu al-Harith said: Ahmad was asked about the separation of bodies, and he said: "When this one takes this [direction] and that one takes that [direction], they have indeed separated." Muslim narrated from Nafi' who said: "When Ibn Umar would sell, and he did not want [the buyer] to revoke it, he would walk a little bit and then return." If they are in a large house containing rooms and quarters, then separating is for him to leave him from one room to another, or to a sitting area, or a portico, or from a sitting area to a room, or something similar. If they are in a small house, then when one of them ascends to the roof or exits from it, he has separated from him. If they are in a small boat, one of them exiting from it [constitutes separation].