Section: If they stipulate the option until the night or tomorrow, the night and tomorrow are not included in the duration of the option. This is the school of al-Shafi'i. It is inferred that they might be included, and this is the school of Abu Hanifah; because "ila" (until/to) is used in the sense of "ma'a" (with), such as His saying, the Almighty: "and wash your hands to the elbows" [5:6], and "and do not consume their wealth to your wealth" [4:2], and the option is established with certainty, so we do not remove it due to doubt. Our position is that the subject of "ila" is to signify the termination of an end, so what is after it is not included in what is before it, just as His saying, the Exalted: "Then complete the fast until the night" [2:187], and like a deferred payment. If he said: "You are divorced from one to three," or: "He owes me from one dirham to ten," the tenth dirham and the third divorce are not included, and there is no doubt here; for the principle is to interpret the wording according to its intended subject matter, so it is as if the speaker said: "When you hear this term, understand from it the termination of the end." In the instances they cited as evidence, it was interpreted in the sense of "with" due to evidence, or because of the impossibility of interpreting it according to its subject matter, just as other particles of connection are diverted from their subject matter due to evidence, while the default is to interpret them according to their subject matter. Furthermore, the default is the binding nature of the contract, and it is only contradicted in what the condition necessitates, so what is certain is established, while what we doubt is referred back to the default.

Section: If he stipulates the option until sunrise or until sunset, it is valid. Some scholars said: It is not valid to time it by sunrise; because it may be cloudy, so the time of its rising would not be known. Our position is that this is attaching the option to a manifest, known matter, so it is valid, just as attaching it to its sunset. Sunrise is its emergence from the horizon, just as sunset is the falling of the disk. Therefore, if he attached the divorce of his wife or the manumission of his slave to sunrise, it would take effect upon its emergence from the horizon. If clouds appear that prevent knowledge of its rising, the option remains established until its rising is certain, just as if he had attached it to its sunset, and clouds prevented knowledge of its time. If he made the option until the rising of the sun from beneath the clouds, or until its disappearance beneath them, it is an unknown option, which is not valid according to the correct position in the school.