and rescission by mutual swearing [tahaluf]. This is the view of Malik and al-Shafi'i. We hold that it is a right of rescission for which no compensation may be taken; therefore, it is not inherited, like the option of retraction in a gift.

702 - Issue: He [al-Khiraqi] said: "And if they separate without a rescission, neither of them has the right to return it unless there is a defect or an option."

There is no disagreement that the sale becomes binding after separation, as long as there is no cause requiring its permissibility. The statement of the Prophet (peace and blessings of Allah be upon him) points to this: "If they separate after they have sold and neither of them has abandoned the sale, then the sale has become binding," and his saying: "The two parties to a sale have the option until they separate." He made the separation the limit for the option. Whatever is after the limit must be the opposite of what preceded it, unless he finds a defect in the merchandise and returns it because of it, or he had stipulated an option for himself for a known period, in which case he also possesses the right of return. There is no disagreement among the scholars regarding the establishment of the right of return for these two matters. The Prophet (peace and blessings of Allah be upon him) said: "The believers are bound by their conditions," which al-Bukhari cited as evidence. Included in the meaning of a defect is that one misrepresents the sold item in a way that alters the price, or stipulates a characteristic in the sold item that affects the price, and it turns out to be otherwise; thus, the option is established for him as well. Similar to this is if he informs him in a murabaha [cost-plus] sale that the price is immediate, and it turns out to be deferred, and similar cases; we shall mention this in its proper places.

Section: If they append an option to the contract after it has become binding, it does not attach to it. This is the view of al-Shafi'i. Abu Hanifa and his companions said: It does attach to it, because they both have the right to rescind the contract, so they have the right to append an option to it, similar to the state of the session [majlis]. We hold that it is a binding contract, so it does not become permissible by their words alone, like marriage. It differs from the state of the session, because that is [already] permissible.