Firstly: Definition of Option (Khayar) in Language and Terminology
In language: 'Khay?r' is a noun derived from 'Ikhtiy?r' (choice or selection). It is said, "You are at liberty (bi al-khay?r)," meaning choose whatever you wish. When someone is given a choice between two things, they are presented with the option to select one of them [2286] Refer to: "Al-Sahah" by Al-Jawhari (2/651), "Mukhtar Al-Sahah" by Al-Razi (p. 99), "Al-Misbah Al-Munir" by Al-Fayyumi (1/185), "Taj Al-Arus" by Al-Zabidi (11/243). .
In terminology: 'Khay?r' refers to the right to rescind a contract, whether it pertains to the seller or the buyer [2287] "Al-Sharh Al-Mumti'" (8/261), "Bada'i' Al-Sana'i'" by Al-Kasani (5/297), "Tuhfat Al-Muhtaj" by Ibn Hajar Al-Haytami (4/332), "Muntaha Al-Iradat" by Ibn Al-Najjar (2/297). .

Secondly: The Option of the Contractual Session (Khayar Al-Majlis)

1- The Meaning of the Option of the Contractual Session
The Option of the Contractual Session is the right of each contracting party to confirm or revoke the contract during the session in which the contract is made. This right persists from the moment the contract is entered into until the parties disperse or mutually agree to relinquish this option [2288] Refer to: "Rawdat Al-Talibeen" by Al-Nawawi (3/435), "Al-Kafi in Fiqh of Imam Ahmad" by Ibn Qudamah (2/26), "Mu'jam Al-Mustalahat Al-Maliyah wa Al-Iqtisadiyah fi Lughat Al-Fuqaha'" (p. 205). .
2- The Legitimacy of the Option of the Contractual Session
The Option of the Contractual Session is established in sales agreements. It is the position of the Shafi'i [2289] "Tuhfat Al-Muhtaj by Ibn Hajar Al-Haytami with Hashiyat Al-Sharwani" (4/332). , Hanbali [2290] "Sharh Muntaha Al-Iradat" by Al-Buhuti (5/32), and refer to "Al-Mughni" by Ibn Qudamah (3/483, 484). , and some Maliki jurists [2291] "Hashiyat Al-Dasouqi 'Ala Al-Sharh Al-Kabir" (3/91), "Minhaj Al-Jalil" by Alish (5/113). . Additionally, it is the viewpoint supported by the majority of the early scholars (Salaf) [2292] Al-Nawawi said: (The saying of the Prophet ?: 'Both parties in a sale have the option [to rescind or continue the sale] as long as they have not parted ways, except in a sale where the option [to rescind] is stipulated') This Hadith is evidence of the establishment of Khay?r Al-Majlis for both parties in a sale after the contract is made, until they part ways from that session physically. This opinion is held by the majority of scholars from among the Companions, the Successors, and those after them, including Ali bin Abi Talib, Ibn Umar, Ibn Abbas, Abu Huraira, Abu Barza Al-Aslami, Tawus, Sa'id bin Musayyib, Ata', Shurayh Al-Qadi, Hasan Al-Basri, Ash-Sha'bi, Az-Zuhri, Al-Awza'i, Ibn Abi Dhi'b, Sufyan bin Uyaina, Ash-Shafi'i, Ibn Al-Mubarak, Ali bin Al-Madini, Ahmad bin Hanbal, Ishaq bin Rahawayh, Abu Thawr, Abu Ubaid, Al-Bukhari, and other Muhaddithin. (Sharh Muslim 10/173), refer to: "Al-Muhalla" by Ibn Hazm (7/237), "Ad-Darari Al-Mudhi'a" by Al-Shawkani (2/258). , as well as by Ibn Hazm [2293] Ibn Hazm said: (Every sale, whether it's in cash or otherwise, is not valid between the two parties, even if they have exchanged the goods and the price, until they physically separate from the place where the sale was contracted. Each one of them has the right to nullify the contract, whether the other likes it or not, if they remain in their position, unless one of them tells the other after the contract is completed: 'Choose to either proceed with the sale or to nullify it.' If he says: 'I have proceeded with it,' then the sale is finalized between them, whether they part ways or not.) (Al-Muhalla 7/233). . It is the preferred interpretation of Ibn Taymiyyah [2294] Ibn Taymiyyah said: (The option of the session is established in sales, and the option of condition is established in all contracts, even if the duration is long.) (Al-Fatawa Al-Kubra 5/390). , Ibn Al-Qayyim [2295] Ibn Al-Qayyim said: (The legislator, blessings and peace of Allah be upon him and his family, established the option of the session in sales for wisdom and benefit for the contracting parties, and to ensure complete satisfaction which is a condition in it; for the contract may occur suddenly without due consideration or evaluation of the value, so the virtues of this perfect Sharia necessitated that there be a sanctuary for the contract where the contracting parties deliberate, reconsider, and each one rectifies a defect that was hidden.) (I'lam Al-Muwaqqi'in 3/194). , Al-San'ani [2296] Al-San'ani said: (His saying: 'If one of them gives the option to the other and they agree on that; then the sale is obligatory i.e., in cash and complete, "and if they part ways" physically "after they have agreed" i.e., contracted the sale and neither of them has rescinded the sale; then the sale is obligatory and agreed upon, and the wording is from Muslim. The Hadith is evidence for the establishment of the option of the session for the contracting parties, and that it extends until there is a physical separation.) (Subul Al-Salam 2/45). , Al-Shawkani [2297] Al-Shawkani said: (As for the option in the session being established until they part ways, this is due to the Hadith of Hakim bin Hizam in the Sahihain, where the Prophet ? said: 'Both parties in a sale have the option [to rescind or continue the sale] as long as they have not parted ways.' And in them [Sahihain] also, similar from the Hadith of Ibn Umar, and there are Hadiths on the topic. A group from the Companions adopted the establishment of the option of the session, including Ali, Abu Barza Al-Aslami, Ibn Umar, Ibn Abbas, Abu Huraira, and others. Among the Successors were Shurayh, Ash-Sha'bi, Tawus, Ata', Ibn Abi Mulaykah. Al-Bukhari narrated this from them, and Ibn Mundhir also narrated the saying from Sa'id bin Musayyib, Az-Zuhri, Ibn Abi Dhi'b from the people of Medina, and from Hasan Al-Basri, Al-Awza'i, and Ibn Jurayj And others, and Ibn Hazm went so far as to say: No one among the Successors is known to have opposed this view except An-Nakhai alone. The author of "Al-Bahr" also relayed this from As-Sadiq and Al-Baqir, Zain Al-Abidin, Ahmad bin Isa, An-Nasir, and Imam Yahya. It was also narrated about Ash-Shafi'i, Ahmad, Ishaq, and Abu Thawr. The Hanafis, Malikis, and others held that once the deal is concluded, there is no option, but the correct opinion is the first one. ("Ad-Darari Al-Mudhi'a" 2/258). , Al-Shinqiti [2298] Al-Shinqiti said: (A fair person, upon true reflection free from bias, would understand that the truth lies in the establishment of the option of the session, and that separation refers to physical separation, not verbal; because the meaning of separation by words is the completion of the offer from the seller and acceptance from the buyer.) ("Adhwa' Al-Bayan" 7/367). , and Ibn Uthaymeen [2299] Ibn Uthaymeen said: (The correct opinion, as per the majority, is that the option of the session is established as long as the contracting parties are in the session.) ("Al-Sharh Al-Mumti'" 8/263). .

The Evidences

Firstly from the Sunnah:
Narrated by Ibn Umar, may Allah be pleased with them, from the Messenger of Allah ?, who said: "When two men enter into a transaction, each of them has the option to rescind or continue as long as they have not parted ways and are together, or one of them gives the other the option and they transact on that basis; then the sale becomes obligatory. And if they part ways after they have transacted, and neither of them has rescinded the sale; then the sale becomes obligatory” [2300] Reported by Bukhari (2112) and the wording is his, and Muslim (1531). .

Secondly: from the Narrations
Reported from Nafi' (that Ibn Umar, may Allah be pleased with them, when he made a sale with a man and did not wish to revoke it, would stand up, walk a little distance, then return to him) [2301] Reported by Muslim (1531). .

Point of Extrapolation:
This indicates that Ibn Umar, may Allah be pleased with them, understood from the Hadith that physical separation is a decisive factor, and he applied it practically; he would walk away and then return. He is the narrator of the Hadith and most knowledgeable about its meaning [2302] Refer to: "Al-Kafi in the Fiqh of Imam Ahmad" by Ibn Qudamah (2/26). .

Secondly, because a person might sell or buy something and then regret it, realizing a need to rectify it through annulment. Therefore, establishing the option in the session is considered a means of looking out for the interests of the contracting parties [2303] Refer to: "Bada'i' As-Sana'i'" by Al-Kasani (5/228). .

3- The Wisdom Behind the Option of the Session
The wise Shariah has established the option of the session in sales for the benefit of the contracting parties. This is to ensure complete satisfaction, a condition mandated by Allah Almighty in transactions. A contract might be made impulsively, without careful consideration or evaluation of the value. Therefore, the virtues of this perfect Shariah necessitate that there be a designated time for the contracting parties to deliberate, reconsider, and correct any overlooked defects [2304] Refer to: "I'lam Al-Muwaqqi'in" by Ibn Al-Qayyim (3/194), "Al-Sharh Al-Mumti'" by Ibn Uthaymeen (8/263). .

4- In What Does the Option of the Session Apply
The option of the session applies in necessary contracts intended for compensation, such as sales and similar transactions [2305] Ibn Qudamah said: (Contracts are of four types: One: Necessary Contract Intended for Compensation This includes sales and similar transactions. There are two types within this category: - The first type includes contracts where options such as the option of the session (Khay?r Al-Majlis) and the option of condition (Khay?r Al-Shart) are established. This applies to sales where immediate possession is not stipulated in the session, like settlement in the sense of sales, compensated gifts based on one of the narrations, and hiring for future services, like hiring someone to stitch a garment. In these cases, the option is established. - The second type includes contracts where immediate possession in the session is stipulated, like currency exchange (Sarf), advance purchase (Salam), and selling usurious goods of the same kind. The correct view in the school of thought is that the option of the session is established in these contracts. Two: Necessary Contract Not Intended for Compensation This includes marriage (Nikah) and consensual divorce (Khul'). In these, the option is not established. Three: Necessary Contract from One Side but Not the Other This includes mortgage (Rahn); it is necessary for the mortgagor but revocable for the mortgagee. In these, the option is not established. Four: Revocable Contract from Both Sides This includes partnerships, profit-sharing ventures, reward contracts, agency, safekeeping, and wills. In these contracts, the option is not established due to their inherently revocable nature. Five: Contracts Oscillating Between Revocability and Necessity This includes sharecropping and crop-sharing. It appears that these are revocable, so the option does not apply to them. ("Al-Mughni" 3/505). . This is the view of the Shafi'i [2306] According to the Shafi'is: The option of the session is established in necessary contracts involving specific assets, like currency exchange, trading food for food, advance purchase, commissioning, partnership, and settlement involving compensation. Exceptions include selling property to one's children or vice versa, and buying someone who would be made a free person upon purchase like a father or son. ("Rawdat Al-Talibeen" by Al-Nawawi 3/435-437, "Al-Majmu'" by Al-Nawawi 9/175-176). and Hanbali [2307] According to the Hanbalis: The option of the session is established in partnerships, settlements involving money, renting specific assets even if the duration follows the contract, or for a benefit to be owed, and in gifts where a known compensation is stipulated. ("Al-Furu'" by Ibn Muflih 6/212, "Al-Iqna'" by Al-Hajawi 2/83). schools.

The Evidences:
From the Sunnah:
Narrated by Ibn Umar (May Allah be pleased with them) from the Messenger of Allah ?, who said: "When two men make a transaction, each of them has the option to rescind or continue as long as they have not parted ways and are together, or one of them gives the other the option. If one of them gives the option to the other, and they transact on that basis, then the sale becomes obligatory. And if they part ways after transacting, and neither of them has rescinded the sale; then the sale becomes obligatory”. [2308] Reported by Bukhari (2112) and Muslim (1531).
Point of Extrapolation:
The apparent meaning of the Hadith indicates that the option of the session (Khayar Al-Majlis) is established in necessary contracts intended for compensation [2309] Refer to: "Fath Al-Aziz" by Al-Rafi'i (8/294-295). .

Secondly, because the option of the session does not apply to revocable contracts, as the power to annul such contracts is inherently available at any time [2310] Refer to: "Fath Al-Aziz" by Al-Marafi'i (8/294). This is the evidence for the Shafi'is on its establishment in necessary contracts. .

5- The Option of the Session in Telephone Sales
If two individuals make a sale over the phone, they have the option, and it ends with the conclusion of the call. This is the opinion of some contemporary scholars [2311] Sheikh Ibn Jibreen was asked about the application of the option of the session in telephone contracts. He responded: There is no doubt that this is a new matter not addressed by the ancient scholars, meaning telephone sales. The principles dictate that the sale becomes binding at the end of the call, when each party hangs up, causing separation. If they were to speak after that without a telephone, the other would not hear it, thereby ending the option. (Audio recording explaining his summary of "Akhsar Al-Mukhtasarat" [http://ar.old.islamway.net/lesson/15197]). Sheikh Abdul Rahman Al-Barak was asked about the option of the session (Khayar Al-Majlis) in electronic sales. He answered that for phone sales, the option ends with the disconnection of the call, but for online sales, it seems there is no option of the session because there is no physical meeting. This is mentioned on Sheikh Abdul Rahman bin Nasser Al-Barak's official website. . The reasoning is that the phone call between them takes on the ruling of a physical meeting. Thus, when the call ends, it is considered that they have parted ways.

6-  The Option of the Session in Sales Conducted Through Writing
In sales executed through written communication, the relevant factor for the option of the session (Khayar Al-Majlis) is the session of the recipient of the writing, not the writer. This is the view of both the Shafi'i [2312] "Al-Ghurar Al-Bahiyya" by Zakariya Al-Ansari (2/446), "Hashiyat Al-Bajirmi" (2/169), and Hanbali [2313] "Matlab Uli Al-Nuha" by Al-Rahibani (3/88), schools. The rationale is that the sale only comes into existence after the written document reaches the buyer; it is not considered before its arrival [2314] Refer to "Al-Ghurar Al-Bahiyya" by Zakariya Al-Ansari (2/446), and "Hashiyat Al-Bajirmi" (2/169). .
 
7- Reasons for the Termination of the Option of the Session
Sub-point One: Waiving the Option of the Session at the Outset [2315] Ibn Qudamah discusses the initial and subsequent waiver of the option: Initially, it is when one says, "I sell to you with no option between us," and the other accepts, eliminating the option. Subsequently, after the contract, each party can say, "I choose to bind the contract," or "I relinquish my option," making the contract binding for both. If one chooses without the other, it binds only the one who chose. The Shafi'i scholars have two opinions on this at the contract's beginning. ("Al-Mughni" 3/486).
If both the seller and the buyer initially waive the option of the session by agreeing that no such option exists between them, the option is relinquished, and the sale is deemed valid. This approach is followed by the Hanbali [2316] "Al-Mubdi'" by Burhan Al-Din Ibn Muflih (3/404-405), "Al-Insaf" by Al-Mardawi (4/268), school, is a recognized opinion among the Shafi'is [2317] "Al-Majmu'" by Al-Nawawi (9/179). , and is the choice of Ibn Uthaymeen [2318] Ibn Uthaymeen states: If both negate the option before it arises, for example, by agreeing in a sale there is no option, saying "I will sell to you, but there is no option between us," and the other agrees, then the option is waived, and the contract becomes binding immediately upon offer and acceptance. ("Al-Sharh Al-Mumti'" 8/269), "Fath Dhi Al-Jalal Wal-Ikram" by Ibn Uthaymeen (4/4). .

Evidences:
 From the Sunnah:
Narrated by Ibn Umar (May Allah be pleased with them) from the Messenger of Allah ?, who said: "When two men engage in a transaction, each has the option to rescind or continue as long as they have not parted ways and are together, or one of them gives the other the option. If one of them gives the option to the other, and they transact on that basis, then the sale becomes obligatory. And if they part ways after having transacted, and neither of them has rescinded the sale; then the sale becomes obligatory” [2319] Reported by Bukhari (2112), Muslim (1531), and the wording is Muslim's. .

Point of Extrapolation:

His statement: "Then the sale becomes obligatory" means the sale becomes binding if both parties initially choose to commit to it [2320] Refer to: "Al-Mubdi'" by Burhan Al-Din Ibn Muflih (3/404). .
Secondly, because it is one of the two options in a sale, it is permissible to waive it, similar to the option of condition (Khayar Al-Shart) [2321] Refer to: "Al-Mughni" by Ibn Qudamah (3/486). .

 Choosing to Finalize the Sale in the Session
The option of the session (Khayar Al-Majlis) ends if either party chooses to finalize the sale during the session. This is the position of the Shafi'i [2322] "Al-Majmu'" by Al-Nawawi (9/222), "Tuhfat Al-Muhtaj" by Ibn Hajar Al-Haytami (4/336, 337). and Hanbali [2323] "Al-Furu'" by Ibn Muflih (6/215), "Kashaf Al-Qina'" by Al-Buhuti (3/200). schools, as well as Ibn Uthaymeen [2324] Ibn Uthaymeen said: "His statement: 'Or if they both waive it, it is waived after being established,' means after the contract is completed, and a minute or two or ten minutes pass, if they agree to waive the option, then it is waived." ("Al-Sharh Al-Mumti'" 8/269). .

Evidences:
Firstly, from the Sunnah:
Narrated by Ibn Umar (May Allah be pleased with them) from the Messenger of Allah ?, who said: "When two men transact, each of them has the option as long as they have not parted ways and are together, or one of them gives the other the option. If one of them gives the option to the other, and they transact on that basis; then the sale becomes obligatory. And if they part ways after having transacted, and neither of them has rescinded the sale; then the sale becomes obligatory” [2325] Reported by Bukhari (2112), Muslim (1531), and the wording is Muslim's. .

Point of Extrapolation:
His statement: "If one of them gives the option to the other, and they transact on that basis; then the sale becomes obligatory" implies that if both parties transact and choose to finalize the sale, the sale becomes binding [2326] Refer to: "Al-Mughni" by Ibn Qudamah (3/486), "Al-Mubdi'" by Burhan Al-Din Ibn Muflih (3/404). .
Secondly, because the option of the session is a right of both parties, it is waived by their mutual agreement to waive it [2327] Refer to: "Nihayat Al-Muhtaj" by Al-Ramli (4/8). .

Choosing to Rescind the Contract in the Session
The option of the session ends if either party chooses to rescind the contract during the session. This view is held by the Shafi'i [2328] Refer to "Al-Majmu'" by Al-Nawawi (9/202), "Mughni Al-Muhtaj" by Al-Sharbini (2/44), "Nihayat Al-Muhtaj" by Al-Ramli (4/22). and Hanbali [2329] "Matlab Uli Al-Nuha" by Al-Rahibani (3/88). schools and is supported by Ibn Al-Qayyim [2330] Ibn Al-Qayyim said: "The legislator - peace and blessings of Allah be upon him and his family - established the option of the session in sales for the wisdom and benefit of the contracting parties, to ensure complete satisfaction, which is a condition set by Allah Almighty in it. A contract might be made impulsively, without careful consideration or evaluation of the value. Therefore, the virtues of this perfect Shariah necessitated that there be a designated time for the contracting parties to deliberate, reconsider, and correct any overlooked defects. There is no better rule than this, nor more considerate for the welfare of people. If one of the contracting parties had the opportunity to rise immediately and rush to separate, the other's interest and the purpose of the option with respect to them would be lost. Suppose you chose to finalize the sale, but your counterpart did not have enough time to consider and deliberate." ("I'lam Al-Muwaqqi'in" 3/194). , Al-Shawkani [2331] Al-Shawkani states: "If the one with the option chooses to rescind, each party should return the item they received as it is." ("As-Sail Al-Jarrar", p. 528). He also said regarding the Hadith 'The two parties to a sale have the option as long as they have not parted ways,' and in another narration, 'until they part ways,' and in yet another narration in both [Bukhari and Muslim], 'The two parties to a sale each have the option over the other as long as they have not parted ways, except in a sale where the option is stipulated.' Thus, the Prophet ? affirmed the option before parting ways; as that is the time for contemplation and consideration of the sold item, and the lack of complete knowledge about all its characteristics, and ignorance of something about it; so before parting ways, if one finds something unacceptable, they have the right to rescind due to the uncertainty in the contract that was made before being informed about this matter which was the cause for rescission. Therefore, before parting ways, one is able to free themselves from the obligation of the contract, and capable of exiting from the uncertainty they entered into." ("Al-Fath Al-Rabbani", 7/3531). , and Ibn Uthaymeen [2332] Ibn Uthaymeen comments: "From the benefits of the Hadith: It is permissible for a person to waive a right that is theirs even if the other party does not consent; as in His statement: 'and neither of them has rescinded the sale.' So, if the seller, for example, says to the buyer when he says 'I choose to rescind the contract,' 'It is not possible because it harms the commodity and destroys its future,' the correct response is to say, 'This is a right given to me by the legislator, and you cannot deny me this.' However, it should be noted that if the one choosing intends to harm the other, then this is forbidden upon him... But if the annulment of the sale is out of desire, not the intention to harm, then this is his right." ("Fath Dhi Al-Jalal Wal-Ikram", 4/5). And he said: "The wisdom behind the option of the session is that a person might rush into selling or buying something without consideration, and this might happen impulsively. They need this period to reconsider because once something falls into a person’s possession, the desire that was there before owning it changes. Therefore, the legislator gave them the option, and this is from the wisdom of the legislator." ("Al-Sharh Al-Mumti'", 8/263). .

This is because the establishment of the option is intended to enable annulment rather than ratification, given that ratification is inherently assumed [2333] Refer to: "Mughni Al-Muhtaj" by Al-Sharbini (2/44). .

Termination of the Option of the Session by Physical Separation
Issue One: The option of the session ends with physical separation [2334] Refer to the Issue: Legitimacy of the option of the session. .

Issue Two: Definition of Physical Separation
The definition of physical separation is what is considered separation in the custom of people. This is the stance of the Shafi'i [2335] "Mughni Al-Muhtaj" by Al-Sharbini (2/45), "Nihayat Al-Muhtaj" by Al-Ramli (4/10). and Hanbali [2336] "Kashaf Al-Qina'" by Al-Buhuti (3/200). schools, and it is the inclination of Al-Shawkani [2337] Al-Shawkani discussed the differing opinions among those who say that parting refers to physical separation, whether it has a defined limit or not. The prevalent and preferred opinion among scholars, as mentioned by Al-Hafiz, is that this is subject to custom; thus, whatever is considered separation in custom is ruled as such, and what is not, is not. ("Nayl Al-Awtar", 5/222). and Ibn Uthaymeen [2338] Ibn Uthaymeen said: "If they part ways, and parting does not have a defined legal limit, then it refers to customary practice." ("Fath Dhi Al-Jalal Wal-Ikram", 4/4). . This is because, for matters without a defined limit in Sharia or language, reference is made to customary practice [2339] "Mughni Al-Muhtaj" by Al-Sharbini (2/45). .

Issue Three: If a Contracting Party Leaves the Session to Prevent the Other from Rescinding
It is not permissible for a contracting party to leave the session of the contract to prevent the other from rescinding. This view is held by the Hanbali [2340] "Sharh Muntaha Al-Iradat" by Al-Buhuti (2/37), "Matlab Uli Al-Nuha" by Al-Rahibani (3/86). school, and is the choice of Ibn Taymiyyah [2341] Ibn Taymiyyah said: "The Prophet ?, as reported in the Hadith by Amr bin Shuaib in the compilations of Sunnah, stated: 'The two parties to a sale have the option as long as they have not parted ways, and it is not permissible for one to leave the other for fear that the other might rescind.' The evidences for the prohibition of deception from the Quran, Sunnah, consensus, and reasoning are numerous." ("Al-Fatawa Al-Kubra", 4/20). , Ibn Al-Qayyim [2342] Ibn Al-Qayyim stated: "The Prophet ? said: 'The two parties to a sale have the option as long as they have not parted ways, except in a sale with an option clause, and it is not permissible for one to leave the other for fear that the other might rescind.' Imam Ahmad used this as evidence, referring to it as the annulment of deception. This had been a matter of confusion for many jurists due to the action of Ibn Umar, who would walk a few steps if he intended to make the sale binding. However, there is no confusion, by the grace of Allah, in the Hadith, and it is one of the clearest evidences against using stratagems to nullify the right of one who has a right; the legislator, peace and blessings of Allah be upon him and his family, established the option of the session in sales for wisdom and the benefit of the contracting parties." ("I'lam Al-Muwaqqi'in", 3/130). , and Ibn Uthaymeen [2343] Ibn Uthaymeen said: "If one fears that the other party will rescind the sale, is it permissible for them to leave to avoid rescission? The answer: Leaving the place would be to drop the right of the brother that the Shariah has granted him, and this would be like stratagems to drop the right of pre-emption in a shared property or similar cases. Overall, it is a stratagem to drop the right of his brother. If someone says the Hadith is general 'as long as they have not parted ways' without detail, we say: The intended separation is that which does not aim to drop the right of the other. If the intention is to drop the right of the other, then actions are by intentions, and hence the Hadith says: 'And it is not permissible for one to leave the other for fear that the other might rescind.'" ("Al-Sharh Al-Mumti'", 8/268). And he stated: "The correct view is that it is not permissible for them to leave for fear that the other might rescind." ("Commentary on Al-Kafi", 5/170). .

Evidences
Firstly, from the Sunnah:
Narrated from Amr bin Shuaib, from his father, from his grandfather, that the Messenger of Allah ? said: "The two parties to a sale have the option as long as they have not parted ways, except in a sale with an option clause. And it is not permissible for one to leave the other for fear that the other might rescind” [2344] Reported by Abu Dawood (3456), Tirmidhi (1247) with his wording, Nasai (4483), and Ahmad (6721). Tirmidhi and Al-Albani in "Sahih Sunan Nasai" (4495) considered it “Hasan”, Ahmad Shakir in his "Musnad Ahmad" (10/11) authenticated its chain, and Ibn Baz in "Hashiyat Bulugh Al-Maram" (497) considered it “Hasan”. Ibn Hazm in "Al-Muhalla" (8/360) said it is not authentic, Ibn Al-Arabi in "Aridat Al-Ahwadhi" (3/213) mentioned that it has much confusion and has been reported with different wordings, the correct of which is 'except in a sale with an option clause.' Ibn Al-Qattan in "Al-Wahm wal-Iham" (5/472) stated it is from the narration of Amr bin Shuaib, from his father, from his grandfather. .
Point of Extrapolation
If one of the contracting parties does this fearing rescission, it is considered a stratagem to invalidate the right of the other party, which is forbidden [2345] Refer to: "Majmu' Al-Fatawa" by Ibn Taymiyyah (29/29), "I'lam Al-Muwaqqi'in" by Ibn Al-Qayyim (3/130). .
Secondly, the Shariah has established the option of the session in sales for the wisdom and benefit of the contracting parties, to ensure complete satisfaction as mandated by Allah Almighty. A contract might be made impulsively, without due consideration or evaluation of its value. Thus, the virtues of this perfect Shariah necessitate a period for the contracting parties to deliberate, reconsider, and correct any overlooked defects. If one of the contracting parties leaves and hurries to part ways so that the other does not choose to rescind the sale, it would result in the loss of the benefits associated with the option [2346] Refer to: "I'lam Al-Muwaqqi'in" by Ibn Al-Qayyim (3/130). .

Fourth Issue: If One Party Leaves the Session Fleeing

The option of the session is terminated if one of the parties flees the session. This is the view of the Shafi'i [2347] "Al-Majmu'" by Al-Nawawi (9/182, 183), "Mughni Al-Muhtaj" by Al-Sharbini (2/45). and Hanbali [2348] (Kashaf al-Qinah) Buhuti (3/200), (al-Mugni) Ibn Qudamah (3/484) schools.

This is due to the following reasons:

Firstly: the one who has not fled i.e. the person who is present has the option to nullify the contract by his statement - and he chooses not to [2349] (Tuhfat al-Muhtaj) by Ibn Hajar al-Haytami (4/338) . Also, because the party fleeing has left the gathering by choice [2350]  (al-Majmu') by al-Nawawi (9/183) .

Secondly: due to the occurrence of separation between them [2351] (Kashf al-Qina') by al-Buhuti (3/200) .

The Fifth Subsection: termination of the (option of) assembly by death

The option of assembly is invalidated by the death of the one who had that option, and this is the opinion of the Hanbali [2352] (Al-Mubdi') by Burhan al-Din Ibn Muflih (3/404), (Kashf al-Qina') by al-Buhuti (3/200) school of thought, a view from the Shafi'i [2353] (Bahr al-Madhhab) by al-Ruwayani (4/381) school of thought, and the preferred opinion of Ibn ‘Uthaymin [2354] The statement of Ibn Uthaymeen: "His saying, 'And if one of them dies, the option to assembly is invalidated,' if one of them dies while the option of the assembly is still possible, his option is invalidated. There is no ambiguity in this, as one of the greatest forms of separation is separation through death. The Prophet said, 'So each of them has a choice as long as they do not separate.'" (Al-Sharh al-Mumti', 8/295) .

This is due to the following reasons:

Firstly: because it invalidates by separation, and death is the most significant form of separation [2355] (al-Mubdi') Burhan ad-Din Ibn Muflih (3/404) .

Secondly: because it’s a right of cancellation that cannot be consigned, so it cannot be inherited - like the option of retracting a gift [2356] 2278: (Al-Kafi) by Ibn Qudamah (2/31) .

The termination of (the option to) the assembly due to insanity or unconsciousness
The option to assembly is not terminated due to insanity or unconsciousness. This is the opinion of the Shafi'i [2357] According to the Shafi'i school, the right of choice transfers to the guardian (the ruler or someone else). (Mughni al-Muhtaj) by ash-Shirbini (2/45). Please check (al-Hawi al-Kabir) by al-Mawardi (5/58) and Hanbali [2358] According to the Hanbali school, the individual's option to assembly remains until he regains consciousness, and it does not transfer to his guardian. (Al-Mubdi') by Bahr al-Din Ibn Muflih (3/404), (Kashaf al-Qina') by al-Buhuti schools, as rights do not become void due to the mere occurrence of insanity [2359] Please refer to (Al-Hawi al-Kabir) by al-Mawardi (5/58) .

The termination of (the option to) assembly due to compulsion

The option to assembly is not terminated if one of the parties is compelled to separate, and this is the opinion of the Shafi'i [2360] Please refer to (Fath al-Aziz) by al-Rafii (8/307) and (Al-Majmu') by al-Nawawi (9/182) and Hanbali [2361] Please refer to (Kashaf al-Qina) by al-Buhuti (3/200) and (Matalib Uli al-Nuha) by al-Ruhaybani (3/85) schools. This is because the actions of the compelled are not legally binding [2362] Refer to "Kashaf al-Qina'" by al-Buhuti (Volume 3/ 200) .


The termination of (the option to) assembly due to muteness
The option to assembly is not terminated because of mere muteness. If the mute person can communicate through basic sign language, it compensates for his inability to speak. However, If the mute person can’t use sign language, his guardian would communicate on his behalf. This is the opinion of the Shafi'i   [2363]((Al-Majmu')) li'l-Nawawi (9/183), ((Rawdat al-Talibin)) li'l-Nawawi (3/444), ((Tuhfat al-Muhtaj)) li-Ibn Hajar al-Haytami (4/340) and Hanbali [2364] ((Al-Fur?')) li-Ibn Muflih (6/215), ((Kashaf al-Qina'')) li'l-Buhuti (3/201) schools.
This due to the following reasons:
Firstly: if his sign language is clear, it indicates what his speech would indicate [2365] (Kashaf al-Qina) lil-Buhuti (3/201), (Nihayat al-Muh?taj) lir-Ramli (4/12) .
Secondly: If his sign language is not understandable, his guardian stands in his place, as he's unable to make a decision while representing himself [2366] ((Al-Kafi)) li-Ibn Qudamah (2/31) .

Thirdly: Optional Condition
1- The Meaning of Optional Condition:
The Optional Condition: It's a right established through stipulation, by one or both contracting parties, empowering the stipulator to cancel the contract within a specified period [2367] ((??shiyat Ibn ??bid?n)) (4/567), ((al-Iqn??)) by al-?ij?w? (2/85), ((al-Ta?r?f?t)) by al-Jurj?n? (p: 102), ((Ma?jam al-Mu??ala??t al-M?l?yah wal-Iqti??d?yah f? Lughat al-Fuqah??)) by Niz?? ?am?d (p: 204) .

2- The Ruling of Optional Condition:

Optional Condition is permitted in all trades, and this is agreed upon by all schools; Hanafi [2368] al-Hidayah by al-Marghinani (3/29), Tabyin al-Haqa'iq by al-Zailai (4/14) , Maliki [2369]  "al-Taj wa al-Iklil" by "al-Mawwaq" (4/409, 410), "Munh al-Jaleel" by "Alish" (5/112) , Shafi [2370] (Tuhfat al-Muhtaj) by Ibn Hajar al-Haytami (4/341), (Nihayat al-Muhtaj) by al-Ramli (4/12) and Hanbali [2371] (Al-Iqna') by al-Hajawi (5/35), (al-Furu') by Ibn Muflih (6)  - a consensus has been recorded on this matter [2372] Ibn Qudamah said: "(The second type: the option of the condition, such as stipulating the option in the sale for a known period, is permissible by consensus)," see: "Al-Kafi" (2/27). .

The Evidences:

Firstly, from the Qur’an.


Allah's statement: "O you who have believed, fulfill all contracts" Al-Ma'idah: 1.
Secondly: From the Sunnah:
Firstly, Abdullah Ibn Umar, may Allah be pleased with them both, is that the Messenger of Allah ? said: "The two parties to a sale each have the option over the other as long as they have not parted ways, except in a sale where the option is stipulated” [2373] Reported by Bukhari (2111) and the wording is his, and Muslim (1531). .

Point of Extrapolation:
His statement: "except in a sale where the option is stipulated" means except for the sale in which the option is conditioned, and the option is established based on what they stipulated before parting ways [2374] Refer to: "Al-Muntaqa" by Al-Baji (5/55). .
Secondly, the Messenger of Allah ? said: "Muslims are bound by their conditions." [2375] Reported by Bukhari as mursal with a definitive form before Hadith (2274), and reported with a connected chain by Abu Dawood (3594), and Al-Hakim (2309) from the Hadith of Abu Huraira, may Allah be pleased with him. Authenticated by Ibn Hibban in his "Sahih" (5091), and the chain authenticated by Abdul Haq Al-Ishbili in "Al-Ahkam Al-Sughra" (718). Al-Nawawi in "Al-Majmu'" (9/367) said its chain is good or authentic. The chain was deemed good by Ibn Al-Mulaqqin in "Khulasa Al-Badr Al-Muneer" (2/69), and Ibn Kathir in "Irshad Al-Faqih" (2/54). Al-Albani in "Sahih Sunan Abi Dawood" (3594) said it is good and authentic.
Thirdly, from the Narrations:
Narrated from Umar bin Al-Khattab, may Allah be pleased with him, who said: "Rights are subject to the conditions stipulated, and you have what you stipulated." [2376] Reported by Bukhari as a ‘Mu’allaq’ (incomplete chain of narration) with conviction before Hadith (5151), and before Hadith (2721), and reported with a connected chain by Ibn Abi Shaybah (16706), and Saeed bin Mansur in "Al-Sunan" (663). Al-Albani authenticated its chain according to the condition of the two Sheikhs in "Irwa Al-Ghaleel" (6/304), and authenticated it (1891) with the wording: "Rights are subject to the conditions [stipulated]."
3- The Wisdom Behind the Legitimacy of the Option of Condition
The option of condition (Khay?r Al-Shart) is legislated so that the one with the option is informed about the price and the valued item, and it eliminates deception from oneself [2377] Refer to: "Minhaj Al-Jalil" by Ulaysh (5/112). .

4- The Nature of the Option of Condition in a Sale
The nature of the option of condition in a sale is that it is not binding for the one with the option, as agreed upon by the four jurisprudential schools: Hanafi [2378] "Tabyeen Al-Haqaaiq" by Al-Zayla'i (4/14), "Al-Inaya" by Al-Babarti (6/298), and refer to: "Bada'i' Al-Sana'i'" by Al-Kasani (5/164). , Maliki [2379] "Al-Taj wal-Iklil" by Al-Mawwaq (4/409), "Minhaj Al-Jalil" by Ulays (5/112). , Shafi'i [2380] "Tuhfat Al-Muhtaj" by Ibn Hajar Al-Haytami (4/332), "Nihayat Al-Muhtaj" by Al-Ramli (4/3). , and Hanbali [2381] "Al-Mubdi'" by Burhan Al-Din Ibn Muflih (3/406), and refer to: "Al-Mughni" by Ibn Qudamah (3/499). . This is because the option entails choosing between the sale and affirmation, and this prevents binding, similar to the option of defect and the option of inspection [2382] Refer to: "Bada'i' Al-Sana'i'" by Al-Kasani (5/264). .

5- Who Rescinds the Sale in the Option of Condition?
The sale is rescinded in the option of condition if the one who has the option rescinds it. This is agreed upon by the four jurisprudential schools: Hanafi [2383] "Al-Hidaya" by Al-Marghinani (3/31), "Tabyeen Al-Haqaaiq" by Al-Zayla'i (4/18). , Maliki [2384] "Al-Taj wal-Iklil" by Al-Mawwaq (4/409, 410), "Minhaj Al-Jalil" by Ulays (5/112). , Shafi'i [2385] "Al-Majmu'" by Al-Nawawi (9/148), "Rawdat Al-Talibeen" by Al-Nawawi (3/448). , and Hanbali [2386] "Al-Iqna'" by Al-Hajawi (2/87), "Kashaf Al-Qina'" by Al-Buhuti (3/205). . This is because the power to dissolve the contract has been granted to them [2387] Refer to: "Kashaf Al-Qina'" by Al-Buhuti (3/205). .

6- Stipulating the Option for a Known Duration, Even If Long
It is permissible to stipulate the option for a known duration, even if it is lengthy. This is the view of the Hanbali [2388] "Al-Furu'" by Ibn Muflih (6/215), "Sharh Muntaha Al-Iradat" by Al-Buhuti (2/37). school, and the opinion of Abu Yusuf and Muhammad bin Al-Hassan from the Hanafi [2389] "Mukhtasar Al-Quduri" (p. 80), "Al-Hidaya" by Al-Marghinani (3/29), "Tabyeen Al-Haqaaiq" by Al-Zayla'i (4/14). school, and an opinion from the Maliki [2390] "Al-Tamheed li ma fil Muwatta' min Al-Ma'ani wal Asanid" by Ibn Abd Al-Barr (14/27). school, and the opinion of a group from the predecessors (Salaf) [2391] Ibn Abd Al-Barr said: "They differed in the condition of the option and its duration; Malik said: It is permissible to condition the option for a month or more, as narrated by Ibn Al-Hawwaz Mundad about him, and this is also the view of Ibn Abi Layla, Abu Yusuf, Muhammad bin Al-Hassan, and Al-Awza'i, all of whom allow stipulating the option for a month or more. The condition is binding for the time stipulated for the option, and this is the view of Ahmad bin Hanbal, Abu Thawr, and Ishaq, and they made no distinction between different types of sold items." ("Al-Tamheed li ma fil Muwatta' min Al-Ma'ani wal Asanid" 14/27) and refer to: "Al-Mughni" by Ibn Qudamah (3/498). , as well as the opinion of Dawud [2392] Ibn Rushd said: "Ahmad, Abu Yusuf, and Muhammad bin Al-Hassan said: The option is permissible for any duration stipulated, and this is also the view of Dawud." ("Bidayat Al-Mujtahid" by Ibn Rushd 2/209). , Ibn Al-Mundhir [2393] Ibn Al-Mundhir said: "Abu Bakr argued that some who allowed the sale conditioned with the option for a known duration, even if more than three days, cited the Prophet's ? saying: 'Muslims are bound by their conditions.' Abu Bakr said: And this is what I say." ("Al-Ishraf" by Ibn Al-Mundhir 6/78). , Ibn Taymiyyah [2394] Ibn Taymiyyah said: "The option of condition is established in all contracts, even if the duration is long." ("Al-Mustadrak 'ala Majmu' Al-Fatawa" 4/13). , Ibn Al-Qayyim [2395] Ibn Al-Qayyim said: "It is permissible to condition the option in a sale for more than three days according to the most correct view of the scholars, and this is the view of Imam Ahmad and Malik with details in Malik's view. Al-Shafi'i and Abu Hanifa said: It is not permissible, but necessity may call for its permissibility; because the sold item might not be possible to receive in three days, or due to the absence of someone whose opinion is sought and trusted, or other reasons. Pure analogy permits it, as it is permissible to defer the price for more than three days, and the legislator did not forbid extending beyond three days, nor did he set it as a definitive limit between what is permissible in duration and what is not." ("I'lam Al-Muwaqqi'in" 4/18). , and it is the choice of Ibn Baz [2396] Ibn Baz was asked: Is there a time limit for the option of condition? He replied: "No limit is known." ("Masail Al-Imam Ibn Baz" 2/81). and Ibn Uthaymeen [2397] Ibn Uthaymeen said: "His statement: 'A known duration, even if lengthy' means, for instance, if the option of condition is stipulated for a duration of a month, or a year, or two years; there is no harm. If someone says: This condition is not in the Book of Allah; because it implies that the binding contract becomes a revocable one; for if the duration of the option is a month - for example - then each of them can rescind, which would contradict the nature of the contract, rendering it invalid. The answer is: The Prophet ? allowed the contracting parties to waive the option of the session, and in waiving the option of the session, there is a reduction in the duration during which the contract is revocable. This [stipulation] increases the duration during which the contract is revocable, and there is no difference between increasing and decreasing [the duration]. In fact, it could be said that increasing [the duration] is more considerate to the contracting parties than cutting off what belongs to them." ("Al-Sharh Al-Mumti'" 8/275). .

This is due to the following reasons:
Firstly, the option was legislated due to the need for deliberation; to avoid mistakes and meet greater needs, making it like deferring the price [2398] Refer to: "Al-Hidayah" by Al-Marghinani (3/29). .
Secondly, it is a right dependent on stipulation. Therefore, its determination returns to the stipulator, like the term of payment [2399] Refer to: "Sharh Muntaha Al-Iradat" by Al-Buhuti (2/37). .

7. Stipulating a Non-ending Option in Sale [2400] The buyer purchases an item, stipulating the perpetual option, meaning he stipulates that he has the right to return the item at any time, even if a long period elapses.
It is not valid to stipulate an unending option in a sale [2401] Refer to: The Fourth Topic: Stipulating What Contradicts the Essence of Sale. .

8. Stipulating a Temporary Option with an Unknown Time in Sale [2402] The buyer purchases an item, stipulating the option until the rain falls, or until Zaid returns from a journey the time of which is unknown.
It is not valid to stipulate a temporary option with an unknown time in a sale [2403] Refer to: The Fourth Topic: Stipulating What Contradicts the Essence of Sale. .

9. Invalidity of the Option of Condition
 Invalidity of the Option of Condition by Approval (Explicit or Implicit) [2404] There are two types of verbal approval of a sale: - Explicit approval, such as explicitly stating approval of the sale, like saying: "I approve the sale," or dropping the option, like saying: "I waive the option." - Implicit approval that amounts to explicit in terms of indication: This occurs when a transaction is made with the sold item that indicates approval and affirmation of the sale, like dealings that an owner would make by selling, renting, manumitting, etc. Refer to: "Bada'i' As-Sana'i'" by Al-Kasani (5/267).

The option of condition is invalidated by approval, either explicit or implicit, of the one who has the right to the option, by consensus of the four jurisprudential schools [2405] Ibn Uthaymeen said: "His saying: 'And the buyer's transaction annuls his option' means: If the buyer makes a transaction with the item in which he had stipulated the option for himself; then his transaction annuls his option. It is understood from the scholars' words here that annulment is established by what it indicates, whether by word or action. For example: A man buys a house from someone, stipulating the option for a month, and during that month, he rents it out to someone to live in, thus nullifying his option. If he says, 'I did not nullify the option?' We say: Your action is evidence of your satisfaction with it, and that you have waived the option. Similarly, with a sale stipulating the option for himself in this house for a month, and he bought it for a hundred thousand, then someone comes and offers him a hundred and ten thousand, so he sells it for a hundred and ten thousand, his option is nullified; due to his transaction with the house, and his transaction is evidence of his satisfaction with it, and that he does not intend to return it." ("Al-Sharh Al-Mumti'" 8/292), : Hanafi [2406] "Al-Inayah" by Al-Babarti (6/312), "Al-Binayah" by Al-Ayni (8/66). , Maliki [2407] "Mukhtasar Khalil" (p. 152), "At-Taj wa Al-Iklil" by Al-Mawwaq (4/416, 418). , Shafi'i [2408] "Rawdat Al-Talibeen" by Al-Nawawi (p. 100), "Tuhfat Al-Muhtaj" by Ibn Hajar Al-Haytami (4/349), "Mughni Al-Muhtaj" by Al-Sharbini (2/49). , and Hanbali [2409] "Al-Iqna'" by Al-Hajawi (2/89), "Kashaf Al-Qina'" by Al-Buhuti (3/208, 209). . This is because the buyer's transaction is considered approval of the sale, which is evidence of their satisfaction and ratification of the sale. This nullifies the option of condition [2410] "Kashaf Al-Qina'" by Al-Buhuti (3/208). .

The Invalidity of the Option of Condition Upon the Expiry of the Period
The option of condition is invalidated upon the expiry of the stipulated period. This is agreed upon by the four jurisprudential schools: Hanafi [2411] "Al-Inayah" by Al-Babarti (6/312), "Al-Binayah" by Al-Ayni (8/66). , Maliki [2412] "At-Taj wal-Iklil" by Al-Mawwaq (4/415, 416), "Minh Al-Jalil" by Ulaysh (5/121). , Shafi'i [2413] "Al-Majmu'" by Al-Nawawi (9/195), and refer to: "Al-Bayan fi Madhhab Al-Imam Al-Shafi'i" by Al-Amrani (5/37). , and the most correct opinion among the Hanbalis [2414] "Al-Insaf" by Al-Mardawi (4/272). .

The reasons are as follows:
Firstly, t is a period attached to the contract; thus, it expires like a term of payment [2415] Refer to: "Al-Mubdi'" by Burhan Al-Din Ibn Muflih (3/409). .
Secondly, ruling its continuation would lead to the persistence of the option beyond the stipulated period, which is not covered by the condition set for the option [2416] Refer to: "Al-Sharh Al-Kabir" by Ibn Qudamah (4/69). .
Thirdly, it is a temporary ruling, so it lapses with the lapse of its time like other time-bound rulings [2417] Refer to: "Al-Sharh Al-Kabir" by Ibn Qudamah (4/69). .

The Invalidity of the Option of Condition Upon the Death of the Option Holder During the Period
The option of condition does not become invalid upon the death of the option holder within the stipulated period. Instead, it is inherited by the heirs. This is the view of the Maliki [2418] "Sharh Al-Zarqani 'ala Mukhtasar Khalil" (5/214), "Minh Al-Jalil" by Al-Laysh (5/130) and refer to: "Al-Mudawwanah" by Sahnun (3/216). and Shafi'i [2419] "Al-Majmu'" by Al-Nawawi (9/205), "Tuhfat Al-Muhtaj by Ibn Hajar Al-Haytami with Hashiyat Al-Sharwani" (4/339, 340), and refer to: "Sharh Al-Mahalli 'ala Al-Minhaj" (2/242). schools, and it was chosen by Ibn Uthaymeen [2420] Ibn Uthaymeen said: "The correct opinion is that the right transfers to the heirs, and they have the option between ratification or annulment; because they have inherited it from their testator in this manner." ("Al-Sharh Al-Mumti'" 8/294). .

Evidences:
Firstly, from the Qur'an:
Allah's saying: And for you is half of what your wives leave An-Nisa: 12, and His saying: And for them is a fourth of what you leave An-Nisa: 12.

Point of Extrapolation:
The word leave encompasses all left belongings, including assets, benefits, or rights [2421] Refer to: "Al-Sharh Al-Mumti'" by Ibn Uthaymeen (8/294). . Secondly, it is a right established for the rectification of wealth, so it does not lapse with death, like a mortgage or retaining the sold item for the price [2422] Refer to: "Al-Majmu'" by Al-Nawawi (9/205). .

The Invalidity of the Option of Condition Due to Insanity or Unconsciousness
Insanity and unconsciousness do not invalidate the option of condition. The individual retains the option if they regain consciousness before the expiration of the stipulated period. The sale becomes binding if they regain consciousness after the expiration of the period, as agreed upon by the four jurisprudential schools: Hanafi [2423] "Al-Binayah" by Al-Ayni (8/66, 67), "Fatawa Al-Hindiyyah" (3/42, 43), and refer to: "Majma' Al-Anhar" by Shaykhi Zadeh (2/29). , Maliki [2424] According to the Malikis: There is a distinction between one who is unconscious and one who is insane, and they have detailed rulings for both situations: If the option holder becomes insane during the option period until its expiration, the authority will consider, or someone from his heirs will be appointed to decide on his behalf what is best in accepting or rejecting. However, if one becomes unconscious during the option period, his awakening is awaited, then he retains his option, unless the unconsciousness prolongs for days. If it prolongs, the authority nullifies the sale if it sees harm, and it cannot affirm it. "Mawahib Al-Jalil" by Al-Hattab (6/332). , Shafi'i [2425] According to the Shafi'is: The option is not interrupted, and his guardian or the judge takes his place. "Al-Majmu'" by Al-Nawawi (9/205, 209). , and Hanbali [2426] According to the Hanbalis: His father, guardian, or the judge takes his place. "Al-Mubdi'" by Burhan Al-Din Ibn Muflih (3/404), "Kashaf Al-Qina'" by Al-Buhuti (3/201). .

This is for the following reasons:
Firstly, the desire for the item sold, or lack thereof, can only be known from the individual themselves [2427] Refer to: "Kashaf Al-Qina'" by Al-Buhuti (3/201). .
Secondly, it is a right established for the rectification of wealth, so it does not lapse due to insanity or unconsciousness, like a mortgage or retaining the sold item for the price [2428] Refer to: "Al-Majmu'" by Al-Nawawi (9/205) with slightly different wording. .

Fourhtly: The Option of Inspection
1. The Meaning of the Option of Inspection
The option of inspection is the right established for the owner to annul or affirm the transaction upon seeing the specific subject of the contract that was agreed upon but not yet seen [2429] Refer to: "Mukhtasar Al-Quduri" (p. 81), "Al-Ta'rifat" by Al-Jurjani (p. 102), "Al-Mawsu'ah Al-Fiqhiyyah Al-Kuwaitiyyah" (20/64). .

2. The Ruling of the Option of Inspection
The right to the option of inspection is established for the buyer if they purchase something unseen. This is the view of the Hanafi [2430] According to the Hanafis, the option is established without condition, i.e., by Sharia ruling, and it occurs in four things: in a valid sale, not in an invalid one, as the option of inspection is not established in it, due to the obligation of nullifying it without the option of inspection, and in leasing, and in division of non-similar assets, and in settlement of a monetary claim on a specific thing. "Tabyin Al-Haqa'iq" by Al-Zaylai (4/24), "Al-Inayah" by Al-Babarti (6/335), "Hashiyah Ibn Abidin" (4/593), "Fatawa Al-Hindiyyah" (3/58). and Maliki [2431] According to the Malikis: If a specific item is sold without description or inspection, the contract is not valid except with the stipulation of the option of inspection. If an absent item is sold with description, it is valid even without stipulating the option, and if it matches the description, the buyer has no option unless stipulated. "Al-Kafi" by Ibn Abd Al-Barr (2/678), "Minh Al-Jalil" by Al-Laysh (4/487, 488). schools, an opinion in the Shafi'i [2432] The option is established for the buyer if it is sold by description without inspection, and he has the option when he sees it, even if it is as described. "Minhaj Al-Talibeen" by Al-Nawawi (p. 95), "Al-Majmu'" by Al-Nawawi (9/288), "Mughni Al-Muhtaj" by Al-Sharbini (2/18). school, and a narration from Ahmad [2433] "Al-Mubdi'" by Burhan Al-Din Ibn Muflih (3/364), "Al-Insaf" by Al-Mardawi (4/214). chosen by Ibn Taymiyyah [2434] Al-Mardawi said: "If he mentioned of its description what is insufficient in Salam, the sale is not valid on the correct opinion of the school, as the author previously presented, and this is what our scholars agree upon. Another narration from him is that it is valid, and this is a unique opinion within the school. Based on this narration and the narration chosen by Sheikh Taqi Al-Din regarding the non-requirement of inspection, there is the option of inspection according to the most correct of the two narrations, and there is also the right to annul the contract before inspection, according to the correct opinion of the school. ("Al-Insaf") (4/214). . It is also the view of some of the early scholars [2435] Ibn Hazm said: It is narrated regarding this from Salaf, and there is a related tradition; it is that Uthman sold land in Kufa to Talha, may Allah be pleased with them. It was said to Uthman: You have been wronged in the deal. Uthman said: I have the option as I have sold what I have not yet seen, and Talha said: Rather, I have the option as I bought what I have not seen. Jubair ibn Mut'im adjudicated between them and ruled that the option is for Talha, not Uthman. Ibn Shirmah said about the option of inspection for both the seller and the buyer, as narrated from Uthman. And from Ibn Abi Shaybah, from Hisham, from Ismail ibn Salim, Yunus ibn Ubaid, and Al-Mughira, Ismail said from Ash-Sha'bi, Yunus said from Al-Hasan, and Al-Mughira said from Ibrahim, then they all agreed: Whoever buys something without looking at it, regardless of what it is, they said: He has the option; if he wishes, he can take it, and if he wishes, he can leave it. Ibrahim said: He has the option, even if he finds it as described. It is also narrated from Makhul, and this is the opinion of Al-Awza'i and Sufyan Al-Thawri, and in all this, cash payment is permissible. ("Al-Muhalla bil-Athar") (7/216). . The unknown aspect does not lead to disputes, as the buyer can return the item if it does not meet their expectations, similar to the unknown aspects in the case of inspected goods. The prohibition of selling what one does not possess refers to items not owned by the seller [2436] Refer to: "Tabyin Al-Haqa'iq" by Al-Zaylai (4/24). .

Fifthly: The Option of Specification
1. The Meaning of the Option of Specification
The option of specification is the right of the contracting party to choose one of the items that the contract has been made for collectively, within a specified period [2437] For example, selling one of these two garments at a specified price and allowing a day or two for the buyer to choose one of them. Refer to: "Bada'i' As-Sana'i'" by Al-Kasani (5/261), "Al-Ta'rifat" by Al-Jurjani (p. 102), "Sharh Hudud Ibn Arfa" (278), "Al-Mawsu'ah Al-Fiqhiyyah Al-Kuwaitiyyah" (39/269). .

2. The Ruling of the Option of Specification
The option of specification is valid in sales [2438] If one is chosen explicitly or implicitly - through an action that indicates ownership of one of them - the option is invalidated, and the sale becomes binding. Similarly, the option of specification and the binding of the sale occur through ownership of one of them after possession, or if both perish together or consecutively. Refer to: "Bada'i' As-Sana'i'" by Al-Kasani (5/261, 262), "Tabyin Al-Haqa'iq" by Al-Zaylai (4/24, 6), "Sharh Al-Zarqani 'ala Mukhtasar Khalil" (5/225), "Minh Al-Jalil" by Ulaysh (5/143). . This is the view of the Hanafi [2439] The Hanafis permit it in cases that deal with small amounts, like selling one garment out of two or three, but not permissible for four or more. "Tabyin Al-Haqa'iq" by Al-Zaylai (4/21), "Al-Inayah" by Al-Babarti (6/325). and Maliki [2440] "Hashiyat Al-Dasouqi 'ala Al-Sharh Al-Kabir" (3/106, 4/365), "Minh Al-Jalil" by Ulaysh (5/138). schools, and an opinion among the Hanbalis [2441] "Al-Furu'" by Ibn Muflih (6/149), "Al-Insaf" by Al-Mardawi (4/218). . The rationale is that the option was legislated due to the need to avoid uncertainty; to choose what is more suitable and fitting. The need for this type of sale is established, as it requires choosing someone whose opinion is trusted, or choosing someone for whom the purchase is intended [2442] Refer to: "Tabyin Al-Haqa'iq" by Al-Zaylai (4/21). .

Sixthly: The Option of Defect
1. Definition of Defect in Sale in Language and Terminology

Ghabn (Defect) in Language: Ghabn (with the ba' having sukoon) means a deficiency in buying and selling. If someone is facing ghabn, they are at a loss, and if a man incurs ghabn in his sale, he sustains a loss. Ghabn (with the ba' being tashkeel) refers to a deficiency in opinion [2443] Refer to: "Al-Sihah" by Al-Jawhari (6/2172), "Mujmal Al-Lughah" by Ibn Faris (p. 691). .
Defect in Sale in Terminology: It is when a purchase is made at a price significantly higher than its value, causing a loss for the buyer, or sold at a price significantly lower than its value, causing a loss for the seller [2444] Refer to: "Sharh Mi'yar" (2/39), "Tuhfat Al-Muhtaj" by Ibn Hajar Al-Haytami (5/316). .

2. The Ruling of Defect
The Ruling of Egregious Defect
Egregious defect is prohibited, as agreed upon by the four jurisprudential schools: Hanafi [2445] "Tabyin Al-Haqa'iq" by Al-Zaylai (4) (31), "Hashiyah Ibn Abidin" (5/101). , Maliki [2446] "Mawahib Al-Jalil" by Al-Hattab (6/398), "Minh Al-Jalil" by Ulaysh (5/217), and refer to: "Al-Mukhtasar Al-Fiqhi" by Ibn Arfa (5/339). , Shafi'i [2447] "Hashiyah Al-Bajirmi 'ala Sharh Al-Minhaj" (2/221), "Hashiyah Al-Jamal 'ala Sharh Al-Minhaj" (3/88) and refer to: "Al-Majmu' Sharh Al-Muhadhab" completion by As-Subki (12/327), "Asna Al-Matalib" by Zakariya Al-Ansari (2/39). , and Hanbali [2448] "Sharh Muntaha Al-Iradat" by Al-Buhuti (2/42), "Kashaf Al-Qina'" by Al-Buhuti (3/214). . This consensus has been reported [2449] Ibn Al-Arabi said: "The defect in worldly transactions is unanimously prohibited due to its association with deceit, which is forbidden by Sharia in every community. However, minor defects cannot be completely avoided by anyone, thus it is ruled permissible in sales." ("Ahkam Al-Quran" 4/261). .

The reasons are as follows:
Firstly, defect is based on deception and trickery, which are both haram (forbidden) [2450] Refer to: "Kashaf Al-Qina'" by Al-Buhuti (3/214). .
Secondly, defect involves harm to others, and inflicting harm on others is haram [2451] Refer to: "Sharh Mukhtasar Al-Tahawi" by Al-Jassas (3/100). .

The Ruling of Minor Defect
Minor defects are permissible, and they do not necessitate the return of the sold item by option.

Evidences:
Firstly, from consensus:
The consensus on this has been reported by Ibn Al-Arabi [2452] Ibn Al-Arabi said: "Whenever something from one's property leaves their possession knowingly for their brother, each of them eats what Allah is pleased with and approves. If something from their property leaves their possession unknowingly, it is either part of the usual fluctuation in the markets, which people commonly engage in and cannot do without; therefore, it is permissible without dispute." ("Ahkam Al-Quran" 2/319). and Khalil ibn Ishaq [2453] Khalil said: "Defect (ghabn, with a fatha on 'ayn and sukoon on 'ba') refers to buying a commodity for more than the usual price people do not usually engage in such transactions, or selling it likewise. What is customary does not require returning, by consensus." ("At-Tawdih") (5/491). .

Secondly: because small amounts of deception (in trade) cannot always be filtered out. So, if we stipulated a retraction, no transaction would be correctly fulfilled, as they all contain some form of deception       [2454] See: ((Ahkam al-Quran)) by Ibn Arabi (4/261) .
3.  How Grave Deception is Identified
Grave deception is determined by what's customarily understood as 'grave' (in a community). This is opinion of the Maliki [2455] (Mawahib Al-Jalil) by Al-Hattab (6/398), (Minh al-Jalil) by Ulaysh (5/219) and Hanbali [2456] (Al-Mubdi) by Burhan Al-Din Ibn Muflih (3/416), (Al-'Insaf) by Al-Mardawi (4/284). schools, and it's also the preferred opinion of Ibn Taymiyah [2457]Ibn Taymiyyah says: (If the buyer is reckless - and he is the one ignorant of the value of the sale item - it is not permissible for the seller to cheat him with deception that is out of the usual practice; instead, he must sell it at the usual value). (Majmu' al-Fatawa) (29/359 , Ibn Baz [2458] Ibn Baz was asked about the amount that is considered deceit, he answered: (They differed in it; some of them said: one-third, and some of them said less than that, but the best thing that was said in this regard is that what people consider deception by custom is what salespeople consider deception, where it is considered damaging to the buyer). ((Collection of Ibn Baz's Fatwas)) (19/123) and Ibn 'Uthaymin [2459] Ibn Uthaymeen says: (His saying: "Out of the ordinary" referred us to the custom; what people considered as deception is deception, and what they did not consider as deception is not deception. Some scholars quantified it as a third, some as a quarter, and some as a fifth. But what the author refers to is more appropriate; that it is referred to custom, and those who rule in custom are the experienced people, so if they say: this is deception; because it goes out of the ordinary, we say: the option is affirmed for him). ((Al-Sharh Al-Mumti)) (8/298) . If there is no express text in the Islamic discourse to further clarify an issue, the customs [2460] See: ((Al-Mughni)) by Ibn Qudama (3/498) (of the land) would be used to reach a conclusion.
4.  The Establishment of the Option of Ghabn for the Inexperienced Person
The option of Ghabn (In trade) is established for the inexperienced person; he's somebody who is ignorant of the pricing of items and incompetent in carrying out transactions [2461] See: The issue of: The ruling on the option in the sale of the reckless .
5.  The Establishment of the Option of Ghabn for the Person Who's Ignorant of Pricing While Being Proficient in Negotiation [2462] Bargaining: is to haggle on the price, this is also known as price haggling. See: ((Al-Sharh Al-Mumti)) by Ibn Uthaymeen (8/300).
The option of Ghabn (in trade), for the one who is unaware of pricing, is established - even if he's proficient in negotiation [2463] See: The issue of proof of the option for the ignorant of value who is good at bargaining .
6.  The Establishment of Ghabn During Distribution
The distribution which is forced [2464] Division is distinguishing and defining shares, it happens in wealth which has two or more partners, and the intended obligatory division: is the division where the partner is forced into the division if one of the partners asks for it. See: ((Bada'i Al-Sana'i)) by Al-Kasani (7/17). onto one partner (by other partners) is annulled if grave deception is apparent (in the distribution). The right to choose would then be granted to the wronged party during the mutually consented distribution [2465] The point of mutual division is the division in which the partners mutually agree on the division with desire and agreement between them. ((Bada'i Al-Sana'i)) by Al-Kasani (7/17) - and this is the opinion of the Hanbali [2466] ((Explanation of Muntaha Al-Iradaat)) by Al-Bahuti (3/550), ((Matalib Ulu an-Nahy) by Al-Ruhaybani (6/558), and see: ((Hashiyat Al-Raud Al-Murbaa)) (7/570 school. This is because the defects in the forced distribution have been exposed, so it becomes invalid – and rulings of sale apply to the distribution by consent [2467] See: (Matalib Ulu an-Nahy) by Al-Ruhaybani (6/558) .

Seventhly: The Option (to keep/return) in the Case of Deception (Tadlis)

The Linguistic and Terminological Definition of Tadlis in Sales
Linguistically definition: Tadlis is derived from 'Dalas', meaning darkness. 'Dalas' means the mixing of darkness, from the commonly quoted expression, 'the darkness mixed with us', and 'The seller displayed deceit': he hid a defect in the goods from the buyer and covered it up. The term 'dulsa'—with a 'dammah'—refers to deception [2468] See: (((Taj Al-Arus)) by Al-Zabidi (16/84), ((Al-Misbah Al-Munir)) by Al-Fayumi (1/198) .
Terminological Definition: 'Tadlis' in trade is the seller's presentation (of a product) that falsely suggests perfection in his sale, or the concealment of its defect. [2469] ((Explanation of Ibn Arafa's Limits)) (p: 271), and see: ((Kashaf Al-Qinah)) by Al-Buhuti (3/213, 214) "

The Ruling on Tadlis in Sales.
Tadlis in sales is prohibited [2470] Examples of deception in sales include: delaying the milking of an animal - sheep, cow, or camel - for a period of time so that its milk gathers, which then makes it appear as if there's a lot of milk. The buyer would assume the animal produces a lot of milk, which then increases its price. Refer to ((Rawdat Al-Talibeen)) by Al-Nawawi (3/468) and ((Stopping at Definitions' Essentials)) (page 98). Also, among its examples is when a person has an old house and applies paint to it to make it appear new, or they have a scratched car that they repaint to make it look as though there is nothing wrong with the car. See: ((Al-Sharh Al-Mumti)) by Ibn Uthaymeen (8/305) .
Evidence:
Firstly: from the Sunnah
1. It is narrated on the authority of Abu Huraira that the Messenger of Allah (?) happened to pass by a heap of eatables (corn). He thrust his hand in that (heap) and his fingers were moistened. He said to the owner of that heap of eatables (corn): What is this? He replied: Messenger of Allah, these have been drenched by rainfall. He (the Holy Prophet) remarked: Why did you not place this (the drenched part of the heap) over other eatables so that the people could see it? He who deceives is not of me (is not my follower) [2471] Reported by Muslim (102) .
Point of Extrapolation:
This Hadith contains implications of the prohibition of Tadlis [2472] See: ((Al-Mughni)) by Ibn Qudama (4/102)  .
2. Abu Huraira reported Allah's Messenger as saying: "and do not tie up udders of camels and sheep" [2473] Reported by al-Bukhari (2150), and Muslim (1515) and the text is his .
Point of Extrapolation: This Hadith suggest that Tadlis is unlawful [2474] See: ((Ikm?l al-Mu'lim)) by Qadi 'Iyad (5/143) , and they have unanimously agreed on the prohibition of all forms of misleading that lead to fraud and deceit [2475] See: ((Ihkaam al-Ahkam)) by Ibn Daqiq al-Eid (p: 350), ((Takmila al-Majmu')) by al-Subki (12/31), ((Umdat al-Qari)) by al-'Ayni (11/272)

Secondly from consensus (of scholars):
The consensus on the prohibition of deception - concealing defects - has been transmitted by Ibn Juzay [2476] Ibn Juzayy said: (... The defects, and their concealment is a forbidden betrayal by consensus). ((Al-Qaw?n?n al-Fiqhiyyah)) (p: 175) and Ibn 'Arafah [2477] Ibn 'Arafah said: (Deception and misrepresentation, which is when the seller presents something that falsely implies perfection in his sale, or conceals a defect, is unanimously prohibited). ((Al-Taj wa al-Ikleel)) by al-Mawaq (4/344) .

 The Ruling on the Option of Cancellation for Tadlis
The option of cancellation is established for the buyer if there is knowledge of deception in the sale - such as the concealment of the defects of animals. This is the consensus of the majority, including the Maliki [2478] ((Al-Taj wa al-Ikleel)) by al-Mawaq (4/437), ((Al-Sharh al-Kabir lil-Dardir wa Hashiyat al-Dasuqi)) (3/115), ((Minhat al-Jaleel)) by 'Ulaysh (5/159 , Shafi'I [2479] ((Rawdat al-Talibeen)) by al-Nawawi (3/468), ((Tuhfat al-Muhtaj)) by Ibn Hajar al-Haytami (4/389). , and Hanbali [2480] ((Al-Mubdi')) by Burhan al-Din Ibn Muflih (4/80), ((Kashaf al-Qina')) by al-Buhuti (3/214). schools.
Evidences
Firstly: from the Sunnah
Abu Huraira reported Allah's Messenger as saying: "and do not tie up udders of camels and sheep, and he who buys them, after that has been done, has two courses open to him: after he has milked them he may keep them if he is pleased with them, or he may return them along with a sit of dates if he is displeased with them. [2481] Reported by al-Bukhari (2150), and Muslim (1515) and the text is his. "
Point of Extrapolation: Firstly, the Prophet (s) gave the buyer of a defected animal – who's udders are tied to falsely portray an excess of milk (to the buyer)  -  the option to keep it or return it [2482] See: ((Al-Majmu' Sharh al-Muhadhhab)) completion by al-Subki (12/118) .
Secondly, because it involves deception regarding a matter that affects the price, and thus, it necessitates the option to return the item [2483] See: ((Al-Mughni)) by Ibn Qudama (4/103) .

Is the Sale valid if it Involves Tadlis?
The sale does not become void if it merely involves Tadlis, and this is unanimously agreed upon by the four Islamic jurisprudential schools: Hanafi [2484] ((Al-Mabsut)) by al-Sarakhsi (13/88), ((Tabayyun al-Haqa'iq)) by al-Zaila'i (4/117), ((Al-'Inayah)) by al-Babarti (6/387), ((Al-Bahr al-Ra'iq)) by Ibn Nujaym (6/51), ((Hashiyat Ibn 'Abidin)) (5/44). , Maliki [2485] ((Al-Taj wa al-Ikleel)) by al-Mawaq (4/437), ((al-Sharh al-Kabir lil-Dardir wa Hashiyat al-Dasuqi)) (3/198), ((Minhat al-Jaleel)) by 'Ulaysh (5/159, 160, 338), also see ((al-Istizkar)) by Ibn 'Abd al-Barr (6/533). , Shafi'I [2486] ((Rawdat al-Talibeen)) by al-Nawawi (3/468), also see ((al-Hawi al-Kabir)) by al-Mawardi (5/269). , and Hanbali [2487] ((Al-Mubdi')) by Burhan al-Din Ibn Muflih (3/71), ((Al-'Insaf)) by al-Mardawi (4/291). , and a consensus (among the scholars) on this matter has been recorded [2488] Ibn 'Abd al-Barr said: (The sale of a flawed item is a valid transaction based on the choice it entails; because if the purchaser is satisfied with the defect, that is permissible. If the sale of a defective item was void or forbidden, acceptance of it would not be valid. This principle is unanimously agreed upon, and as for the rest of the details in the narration of forcing a sale, there are differences of opinion). ((al-Istizkar)) (6/533). .
Evidence: Firstly: From the Sunnah
Abu Huraira reported Allah's Messenger as saying: "and do not tie up udders of camels and sheep, and he who buys them, after that has been done, has two options open to him: after he has milked them, he may keep them if he is pleased with them, or he may return them along with a sit of dates if he is displeased with them" [2489] Reported by al-Bukhari (2150), and Muslim (1515) and the text is his. .

Point of Extrapolation:
Firstly, the Prophet ? permitted the buyer of a defective item (Musarrah) to have the option to keep it, or if he wishes, to return it , given that this form of deception is occurring from the seller through his concealment (of defects) - which is an established defect allowing the mentioned option in the hadith. This indicates that Tadlis involving a defect and its concealment does not invalidate the sale but rather allows the option [2490] See: ((Al-Majmu' Sharh al-Muhadhhab)) completion by al-Subki (12/118). .

Secondly, because complete satisfaction from the buyer is present at the time of taking possession (of the intact item), as mandated by the contract, and the default assumption is the intactness of the item, rendering the transaction complete according to the apparent terms of the contract. Any harm to the seller results solely from his deception, and the buyer is not obliged [2491] See: ((Al-'Inayah)) by al-Babarti (6/387) .

Thirdly, because the prohibition pertains to the intended meaning in the contract, it does not prevent the validity of the sale - as in the case of selling something while overriding the sale of one's brother [2492] See: ((Al-Majmu' Sharh al-Muhadhhab)) completion by al-Subki (12/118). .

The Beginning Point of the Option (to keep/return the sale) due to Tadlis of Animal Defects
The option (to keep/return the sale) because of the deception by the concealment of animal defects is established immediately upon the buyer's awareness of it. This is the consensus view of most of the juristic schools: the Maliki [2493] ((Minhat al-Jaleel)) by 'Ulaysh (5/162). , Shafi'I [2494] ((Fath al-'Aziz)) by al-Rafi'i (8/334), ((Tuhfat al-Muhtaj)) by Ibn Hajar al-Haytami (4/389), ((Nihayat al-Muhtaj)) by al-Ramli (4/72). , and Hanbali [2495] ((Al-Mubdi')) by Burhan al-Din Ibn Muflih (3/421). . This is because he becomes aware of the reason for the return, giving him the option at that moment - similar to if he became aware of the defect [2496] See: ((Al-Mubdi')) by Burhan al-Din Ibn Muflih (3/421), ((Tuhfat al-Muhtaj)) by Ibn Hajar al-Haytami (4/389). .
The Duration of the Validity of the Option (to keep/return the sale) due to Tadlis of the Animal Defects
The option (to keep/return the sale) due to deception via the concealment of animal defects extends to the third day. If it is not exercised by the end of this period, the option becomes void. This is the Hanbali [2497] ((Kashaf al-Qina')) by al-Buhuti (3/215). school's opinion, in contrast to the Shafi'I [2498] ((Fath al-'Aziz)) by al-Rafi'i (8/334), ((Rawdat al-Talibeen)) by al-Nawawi (3/468). school's predominant view, as chosen opinion by ash-Shawkani [2499] Al-Shawkani said: ((His saying "Three days" indicates the extension of the choice to this period. This narration specifies the narratives that the choice after milking is immediate, as said in "after he milks her".)) ((Nayl al-Awtar)) (5/254). and Ibn 'Uthaymeen [2500] Ibn 'Uthaymeen said: ((This opinion is the determined one, and it is Ibn Abi Musa's opinion; as the Hadith points to it. If he knew about the pressing, he could either reject immediately, or wait until the second or third day; for as he said, milk may differ with different fodder, or according to the beast's shyness or intimacy, or the like. Most importantly, if the text came with "three days", it should be adhered to.)) ((The Commentary on al-Kafi)) (5/270). .

Evidence From the Sunnah:
Abu Huraira reported Allah's Messenger as saying; "He who buys a goat with its udder tied up has the option to retain the goat if he so desires, or return it within three days, and in case he returns it he should do so along with a sa' of dates. [2501] Reported by Muslim (1524) "

Point of Extrapolation:
The legislator has specified these three days for the identification of the concealed defects. The animal defects cannot be determined before this period because the milk is falsely portrayed via concealment during the first day, and on the second day, it is possible for it to diminish due to changes in location and differences in fodder, and the same applies to the third day. So, after the passage of these three days, the deceitful concealment becomes evident, and the option is exercised (by the buyer) immediately  - and it cannot be actualised before the passing of these days [2502] See: ((Al-Sharh al-Kabir)) by Abu al-Faraj Shams al-Din Ibn Qudama (11/359, 360). .

Making the Seller's Intent a Condition for the Validity of the Option (to keep/return the sale)

The intention of the seller is not a prerequisite for the establishment of the option (to keep/return the sale). This is the preferred opinion of the Shafi'I [2503] ((Mughni al-Muhtaj)) by al-Shirbini (2/63), ((Nihayat al-Muhtaj)) by al-Ramli (4/72), see also: ((Al-Bayan)) by al-'Imrani (5/266, 267). school and the Hanbali [2504] ((Al-Iqna')) by al-Hajjawi (2/92), ((Kashaf al-Qina')) by al-Buhuti (3/214). school. This is because the absence of intention does not have any impact on the removal of the harm to the buyer [2505] See: ((Kashaf al-Qina')) by al-Buhuti (3/214). .

Eighthly: The Option (to keep/return) the Defective Item [2506] (The difference between the option of defect and the option of misrepresentation is that the defect is the lack of perfection, while misrepresentation is showing good sides, and the sold item is free from them). ((Al-Sharh al-Mumti')) by Ibn 'Uthaymeen (8/310)
The Linguistic and Terminological Meaning of Defection
Linguistic Meaning: The term "defect," "flaw," and "blemish" all carry the same meaning. You can say, "The item has become defective", meaning it has become flawed. "I criticised it myself," indicating it has or lacks a defect. It is also said, "What has a deficiency and a shortcoming" meaning a defect [2507] See: ((Al-Sihah)) by al-Jawhari (1/190), ((Lisan al-Arab)) by Ibn Manzur (1/634). .
Terminological Meaning: it is what diminishes the essence or value, causing a reduction that renders a sound purpose unattainable [2508] See: ((Asna Al-Matalib)) by Zakaria al-Ansari (2/60), ((Hashiyah al-Sharwani on Tuhfat Al-Muhtaj)) (3/224). .

2. The Ruling on the Option (to keep/return) a Defective Item
The option to either keep or return the defective item is generally permissible [2509] If a defect is found in a commodity, the buyer has the right to either return it or keep it, and the sale is valid and binding on the seller's side, but not on the buyer's side. The condition written on some goods with the phrase, (It cannot be returned or replaced), is a null condition. In ((Fatwa al-Lajnah al-Da'imah)), it is stated: (Selling a commodity on the condition that it cannot be returned or replaced is not permissible; because it is an improper condition; due to the damage and opacity it contains, and because the seller intends to impose the goods on the buyer even if they are defective. This requirement does not clear him from the defects existing in the goods; because if they are defective, he could have replaced them with non-defective goods, or the buyer could take the discount for the defect, and because the full price is for the correct goods.  The seller's taking the price while there is a defect is unjust, and because the Shari'a considers the customary condition as the explicit; for the sake of safety from the defect, so that it is permissible for him to return it with the presence of the defect, in application of the requirement of safety of the sold thing customarily to the level of its explicit requirement). ((Fatawa al-Lajnah al-Da'imah - Al-Majmu'ah al-Ula)) (13/197). .

Evidence: Firstly: From the Sunnah
Abu Huraira reported Allah's Messenger as saying; "Do not go out to meet riders to enter into transaction with them; none of you must buy in opposition to another, nor must you bid against one another; a townsman must not sell for a man from the desert, and do not tie up udders of camels and sheep, and he who buys them after that has been done has two courses open to him: after he has milked them he may keep them if he is pleased with them, or he may return them along with a sit of dates if he is displeased with them. [2510] Reported by al-Bukhari (2148), and Muslim (1515) and his wording is used. "
Point of Extrapolation: The confirmation given by the Prophet ? of the validity of having an option to either keep or return the animal whose defects are deceitfully concealed, directly indicates the same form of validity in the case of a defective item [2511] See: ((Al-Mughni)) by Ibn Qudamah (4/109) .
Secondly: From Reports of Companion

Salim ibn Abdullah narrated: Abdullah ibn Umar sold a young slave for eight hundred silver coins, and he sold him with manumission. The purchaser said to Abdullah ibn Umar, "The young slave has an undisclosed illness." They disputed the matter, and the case was brought before Uthman ibn Affan, may Allah be pleased with him. The man said, "He sold me a slave, and the slave has an illness that he did not disclose to me." Abdullah ibn Umar said, "I sold him with manumission." Uthman ibn Affan, may Allah be pleased with him, judged in favour of Abdullah ibn Umar, swearing by Allah that he sold the young slave, and there was no known illness. Abdullah ibn Umar refused to take an oath [2512] He did not intend deception by avoiding an oath, may Allah be pleased with him, but rather he intended to protect the oath from the sale. It has been reported that he said: (I left the oath for Allah and He compensated me). See: ((Al-Hawi al-Kabir)) by al-Mawardi (5/273), ((Al-Muntaqa Sharh al-Muwatta)) by al-Baji (4/185). , and the slave was returned. After that, Abdullah ibn Umar sold him for one thousand five hundred silver coins [2513] This was reported by Malik in ((Al-Muwatta)) (2/613), and by al-Bayhaqi (11101). It was authenticated by Ibn Hazm in ((Al-Muhalla)) (9/42), and al-Bayhaqi said: It is the most authentic thing that was reported in this matter, and it was authenticated by Ibn al-Mulaqqin in ((Al-Badr al-Munir)) (6/558), and the chain of transmission was authenticated by al-Albani in ((Irwa' al-Ghaleel)) (8/246). .
Thirdly: Consensus (of scholars): The consensus on this matter has been reported by Ibn Qudamah [2514]Ibn Qudamah said: (His saying: "Both buyer and seller have the option (to cancel) until they part" made parting the end of the option period, and what comes after the end must be opposite to what came before it, unless he finds a defect in the commodity and returns it, or if he stipulated for himself a specified period for the option, he can also cancel. There is no disagreement among the scholars on the validity of cancellation for these two matters). ((Al-Mughni)) (3/494). , Abu al-Faraj Shams al-Din Ibn Qudamah [2515] Shams al-Din Ibn Qudamah said: (If he became aware of a defect that he was not aware of, he has the option to either keep it or terminate the agreement, regardless of whether the seller knew the defect and concealed it or did not know it. We do not know any disagreement about this). ((Al-Sharh al-Kabir)) (4/86). , and al-Qarafi [2516] Al-Qarafi said: (There is consensus on this - i.e., the option of defect - from the aspect of being general). ((Al-Dhakhira)) (5/57). .
Fourthly: Because the absolute nature of the contract suggests the condition of soundness, and upon its absence, one has the option to choose (to keep/return); to avoid the harm of being bound by what the buyer is not satisfied with [2517] See: ((Al-Hidayah)) by al-Marghinani (3/37). .

Fifthly: In the option to choose (whether to keep/return the item) due to a defect, there is the possibility of rectifying what the buyer didn't notice in terms of deficiency, and removing the harm that may befall him while remaining in possession of it and violating his right (to a sound purchase) [2518] See: ((Kashaf al-Qina')) by al-Buhuti (3/218). .
3. The Ruling on Concealing a Defect
Concealing the defect of goods (in trade) is unlawful.
Evidence: Firstly: From the Sunnah
1. Hakim Ibn Hazim reported Allah's Messenger ? as saying: " Both parties in a business transaction have the right to annul it so long as they have not separated – or until they separate - and if they speak the truth and make everything clear they will be blessed in their transaction; but if they tell a lie and conceal anything the blessing in their transaction will be ruined out. [2519] Reported by al-Bukhari (2079) and his wording is used, and Muslim (1532). "
2. It is narrated on the authority of Abu Huraira that the Messenger of Allah (?) happened to pass by a heap of eatables (corn). He thrust his hand in that (heap) and his fingers were moistened. He said to the owner of that heap of eatables (corn): What is this? He replied: Messenger of Allah, these have been drenched by rainfall. He (the Holy Prophet) remarked: Why did you not place this (the drenched part of the heap) over other eatables so that the people could see it? He who deceives is not of me (is not my follower). [2520] Reported by Muslim (102) "
Point of Extrapolation: That the concealment of defects is deceit, and (to display) deceit is categorically unlawful - as per the words of this Hadith [2521] See: ((Takmilat al-Majmu')) by al-Subki (12/115). .

Secondly: Consensus (of scholars): A consensus was reported on the prohibition of concealing defects by As-Subki [2522] Al-Subki said: (Whoever owns a commodity, and knows of a defect in it, it is not permissible for him to sell it until he declares its defect. This ruling is agreed upon due to the previous texts, there is no difference of opinion about it among the scholars). ((Takmilat al-Majmu')) (12/115) and Ibn Juzay [2523] Ibn Juzayy said: (…Defects, concealing them is a scam prohibited by consensus). ((Al-Qawanin al-Fiqhiyyah)) (p.175). . The prohibition of deception, including concealing defects, was also mentioned by Al-Fakhr Al-Faqihani [2524] Al-Fakahany said: (I don't know any disagreement about the prohibition of scamming and deception). ((Kifayah al-Talib al-Rabbani with Hashiyah al-Adawi)) (6/55). and Ash-Shawkani [2525] Al-Shawkani said - in the Hadith of Abu Hurairah in the story of the food owner -: (It indicates the prohibition of scamming, and there is a consensus on that). ((Nayl al-Awtar)) (5/251). .

4. Conditions for the Option of the Return (of the Defective Item) in the sale

The Establishment of the Defect by the Buyer or the Seller
Among the conditions for the option (to keep/return) the defective item is that the defect must be established either by the seller or the buyer.
This is agreed upon by the four juristic schools: Hanafi [2526] ((Tabyin al-Haqa'iq)) by al-Zaila'i (4/31), ((Al-Inayah)) by al-Babarti (6/354) , Maliki [2527] ((Hashiyah al-Adawi on Kifayah al-Talib al-Rabbani)) (2/152), ((Minh al-Jalil)) by Alish (5/135). , Shafi'i [2528]  ((Tuhfat al-Muhtaj)) by Ibn Hajar al-Haytami (4/351), ((Mughni al-Muhtaj)) by al-Shirbini (2/50). , and Hanbali scholars [2529]  ((Al-Furo')) by Ibn Muflih (6/237), ((Al-Mubdi')) by Burhan al-Din Ibn Muflih (3/425). . This is because the nature of the contract suggests the soundness of the item from defects. This principle (in trade) can only be overridden if the contrary (unsoundness of the item) is proven [2530] ((Tabyin al-Haqa'iq)) by al-Zaila'i (4/31), ((Al-Inayah)) by al-Babarti (6/354). .

The Buyer's Ignorance to the Defects (of the item)
Among the conditions to ensure the validity of the option (to keep/return the defective item) is the buyer's ignorance of the existence of the defect. There is a reported consensus on this matter among the four jurisprudential schools: Hanafi [2531] ((Al-Hidayah)) by al-Marghinani (3/37), ((Al-Inayah)) by al-Babarti (6/356). , Maliki [2532] ((Mawahib al-Jalil)) by al-Hatt ab (6/331), ((Hashiyah al-Adawi on Kifayah al-Talib al-Rabbani)) (2/152) , Shafi'I [2533]  ((Mughni al-Muhtaj)) by al-Shirbini (2/50). , and Hanbali [2534] ((Al-Furo')) by Ibn Muflih (6/237), ((Al-Mubdi')) by Burhan al-Din Ibn Muflih (3/425). . A consensus has also been relayed that knowledge of the defect nullifies the option [2535] Ibn Hazm said: (They agreed that if the seller explained to him a defect in it, and determined its extent, and stood by it, if it was in the body of the item being sold, and the buyer was satisfied with that, that he was bound by it, and there is no cancellation for him because of this defect). ((Maratib al-Ijma')) (p: 88). And Shams al-Din Ibn Qudamah said: (He bought a defective item knowing its defect, or raised intentionally or by compulsion, and he is aware; then there is no option for him; for he paid the price for it knowingly and satisfied with it as compensation, most similar to what there is no defect in it, we do not know any disagreement about that). ((Al-Sharh al-Kabir on Matn al-Muqna')) (4/86). , because when the buyer sees it at the time of the contract or receipt, he's satisfied with it [2536] See: ((Al-Hidayah)) by al-Marghinani (3/37). .
When the Defect is Significant
It is a prerequisite for the option (to return the defective item) that the defect is influential in a way that diminishes the quality or value [2537] The impact of a defect includes either a decrease in the item or a decrease in the value, and there's no difference between a small or a large decrease, provided that the decrease is significant. . This is unanimously agreed upon by the four jurisprudential schools: Hanafi [2538] ((Al-Fatawa al-Hindiyyah)) (3/66), see: ((Bada'i al-Sana'i)) by al-Kasani (5/274) , Maliki [2539] Any significant defect, small or abundant, returns with the right to cancel due to a defect, except in immovable property; for it is not returned unless there is a great deficit, but the seller must repair it. ((Hashiyah al-Dusuqi on al-Sharh al-Kabir)) (3/114), ((Minh al-Jalil)) for Ulaiysh (5/156). , Shafi'I [2540] ((Mughni al-Muhtaj)) by al-Shirbini (2/51, 52). , and Hanbali [2541] ((Al-Furo')) by Ibn Muflih (6/239), see: ((Al-Mughni)) by Ibn Qudamah (4/115). . This is because the sale becomes the subject of the contract based on its financial attribute, so anything that causes a decrease (in its essence or value) is considered a defect [2542] ((Al-Mughni)) by Ibn Qudamah (4/115). .

Not Making the Soundness (of the item) a Condition in Sale
The First Issue: Making the soundness (of the item) a condition in the sale, while the seller is fully aware of its defects.

The seller is not excused if he stipulates the soundness of the item (saying it's void of defects) as a condition and is aware of it (presence of defects). This is the consensus of the majority: the Maliki [2543] ((Al-Kafi)) by Ibn Abdul Barr (2/712, 713), ((Hashiyah al-Adawi on Kifayah al-Talib al-Rabbani)) (2/159), see: ((Al-Qawanin al-Fiqhiyyah)) by Ibn Juzay (p.175). , Shafi'I [2544]((Rawdat al-Talibin)) by al-Nawawi (3/472, 473), ((Tuhfat al-Muhtaj)) by Ibn Hajar al-Haytami (4/361) - according to their most prominent views, and the Hanbali [2545]According to the Hanbalis: It does not clear, whether the seller knew or did not. ((Al-Insaf)) by al-Mardawi (4/259), ((Kashaf al-Qina')) by al-Buhuti (3/196). schools.
Evidence:
Firstly: From Reports (of Companions)
Narrated by Salim ibn Abdullah: Abdullah ibn Umar sold a young slave for eight hundred silver coins, and he sold him with manumission. The purchaser said to Abdullah ibn Umar, "The young slave has an undisclosed illness." They disputed the matter, and the case was brought before Uthman ibn Affan, may Allah be pleased with him. The man said, "He sold me a slave, and the slave has an illness that he did not disclose to me." Abdullah ibn Umar said, "I sold him with manumission." Uthman ibn Affan, may Allah be pleased with him, judged in favour of Abdullah ibn Umar, swearing by Allah that he sold the young slave, and there was no known illness. Abdullah ibn Umar refused to take an oath [2546] His evasion from taking an oath was not a deception from him, may Allah be pleased with him, but a protection for the right to sell, and it was reported that he said: (I left the right for Allah, and He compensated me). See: ((Al-Hawi al-Kabir)) by al-Mawardi (5/273), ((Al-Muntaqa Sharh al-Muwatta')) by al-Baji (4/185). and the slave was returned. After that, Abdullah ibn Umar sold him for one thousand five hundred silver coins [2547] Extracted by Malik in ((al-Muwatta)) (2/613), and al-Bayhaqi (11101). Verified by Ibn Hazm in ((Al-Muhalla)) (9/42), and al-Bayhaqi said: It is the most authentic narration in this chapter, and Ibn Al-Mulaqqin verified it in ((Al-Badr Al-Muneer)) (6/558), and al-Albani verified its chain of narration in ((Irwa' al-Ghalil)) (8/246). .

Point of Extrapolation: The case above became well-known and was never objected (by witnesses), so it become like a consensus [2548] See: ((Al-Mubdi')) by Burhan al-Din Ibn Muflih (3/399). .
Secondly: This is because the option (to keep or return the defective item) is only established after the sale, so it is not nullified by its exclusion before it, as in the case of a pre-emptive right (for business partners to buy the share(s) of other partners) [2549]  Refer to: ((Kashaf al-Qina)) by al-Buhuti (3/196, 197). .
The Second Issue: Stipulating the soundness of the item (voidness from any defects) in the sale while the seller is unaware of it.
The seller is excused if he states that the item is free from any defects while being unaware of that. This is the Hanafi school's opinion [2550] According to the Hanafis: The seller is absolved if he stipulates innocence from defects, whether he knew them or not. ((Al-Inaya)) by al-Babarti (6/396, 397), ((Radd al-Muhtar)) by Ibn Abidin (5/42). , the statement of Ibn Wahb, a narration from Malik [2551] Refer to: ((Sharh Miyarat al-I'tiqan wal-Ihkam fi Sharh Tuhfat al-Hukam)) by Muhammad al-Fasi (1/309) , which is also a position in the Shafi'i school [2552]  ((Rawdat al-Talibeen)) by al-Nawawi (3/472, 473), ((Tuhfat al-Muhtaj)) by Ibn Hajar al-Haytami (4/361). , a narration from Ahmad [2553]  ((Al-Insaf)) by al-Mardawi (4/259). , and the chosen view of Ibn Taymiyyah [2554] Ibn Taymiyyah said: "The correct opinion in the matter of selling with the condition of innocence from any defect, as established by the Companions and most scholars, is that if the seller did not know about the defect, there is no recourse for the buyer. However, if the buyer claims that the seller knew, and the seller denies it and swears that he did not know, then the case is decided against him." ((Al-Fatawa al-Kubra)) (5/389). , Ibn al-Qayyim [2555] Refer to: ((I'lam al-Muwaqqi'in)) by Ibn al-Qayyim (5/383, 384). , and Ibn Uthaymeen [2556]  Ibn Uthaymeen said: "The correct opinion in this matter, chosen by Shaykh al-Islam Ibn Taymiyyah, is that if the seller is aware of the defect, the buyer has the right to return the item under all circumstances, whether the condition is stipulated with the contract, before the contract, or after the contract. If the seller is not aware, then the condition is valid, whether stipulated before the contract, with the contract, or after the contract." ((Al-Sharh al-Mumti')) (8/256). .

Evidences:
Firstly: From the Qur'an
Allah's statement: "Fulfil all contracts." (al-Ma'idah: 1)
Point of Evidence: The default position with respect to the nature of conditions is fulfilment because they're linked to the contract, so they share the same ruling [2557] Refer to: ((Al-Ma'unah)) by Qadi Abdul Wahhab (p. 1067). .
Secondly: Reports (from Companions)
Narrated by Salim ibn Abdullah: Abdullah ibn Umar sold a young slave for eight hundred silver coins, and he sold him while declaring him free from any illnesses or defects. The purchaser said to Abdullah ibn Umar, "The young slave has an undisclosed illness." They disputed the matter, and the case was brought before Uthman ibn Affan, may Allah be pleased with him. The man said, "He sold me a slave, and the slave has an illness that he did not disclose to me." Abdullah ibn Umar said, "I sold him while rendering him sound and healthy." Uthman ibn Affan, may Allah be pleased with him, judged in favour of Abdullah ibn Umar, swearing by Allah that he sold the young slave, and there was no known illness. Abdullah ibn Umar refused to take an oath and the slave was returned. After that, Abdullah ibn Umar sold him for one thousand five hundred silver coins [2558] Narrated by Malik in ((Al-Muwatta)) (2/613) and Al-Bayhaqi (11/101). Ibn Hazm authenticated it in ((Al-Muhalla)) (9/42), and Al-Bayhaqi said: "The most authentic narration in this chapter." Al-Mulaqqin authenticated its chain in ((Al-Badr al-Muneer)) (6/558), and Al-Albani verified its chain in ((Irwa' al-Ghalil)) (8/246). .
Point of Extrapolation: Ibn Umar (may Allah be pleased with them) sold (a slave) while stating he was free from any defects, and Uthman (may Allah be pleased with him) did not object to him. He saw the claim of soundness, with knowledge of the defect, is not beneficial, and no one opposed him in this matter [2559] Refer to: ((Al-Ma'unah)) by Qadi Abdul Wahhab (1067) .
Thirdly: He stipulated that the condition (of the slave being free from defects) has not been misrepresented or concealed. It is similar to when the buyer sees the defect [2560] Refer to: ((Al-Ma'unah)) by Qadi Abdul Wahhab (1067) .
Fourthly: The claimed soundness is from the perspective of relinquishment, as the buyer possesses the right to exercise the option to return the defective item. If he waives his right, it is considered relinquished, and the claim of soundness (item being free from defects) from the unknown entity is permissible [2561] Refer to: ((Bada'i al-Sana'i)) by al-Kasani (5/172, 173) .
Fifthly: If he is aware of the defect, he is a cheater and deceiver, and he is treated contrary to his intention, unlike when he is ignorant and unaware of the existing defects [2562] Refer to: ((Al-Sharh al-Mumti')) by Ibn Uthaymeen (8/256). .
Sixthly: Given it is a condition, and conditions must be fulfilled [2563] Refer to: ((Mughni al-Muhtaj)) by al-Shirbini (2/53) .
3.  The Procedure of Exercising the Option to Return the Item or Cancel the Contract After the Confirmation of the Option Given it's Defects
The option to return (the item) due to a defect, results in the annulment of the contract from the moment the defect is confirmed, not from the initiation of the contract. This is the opinion held by the Shafi'i school, as per the correct view [2564]  ((Rawdat al-Talibeen)) by al-Nawawi (3/491), ((Tuhfat al-Muhtaj)) by Ibn Hajar al-Haytami (4/348). , and the Hanbali [2565]  ((Al-Insaf)) by al-Mardawi (4/347). school. It is also a position among the Maliki [2566] ((Aqd al-Jawahir al-Thameenah)) by Ibn Shas (2/504), ((Sharh al-Talqeen)) by al-Mazari (2/793). school and is chosen by Ibn Taymiyyah [2567] Al-Mardawi said: "Sheikh Taqi al-Din, may Allah have mercy on him, said: The analogy is that nullification is the lifting of the contract from its inception, such as returning due to a defect and all other forms of nullification." ((Al-Insaf)) by al-Mardawi (4/348). .
This is due to the following reasons:
Firstly: If the buyer were to proceed with the transaction before being aware of the defect, whether through sale, gift, manumission, or the like, then the transaction is completed, and the right to return is forfeited. If it were considered a nullification of the contract from the very beginning, his action would be void, and the right to return would not be forfeited [2568] Refer to: ((Al-Majmu')) by Takmilah al-Subki (12/202) .
Secondly: Contractual rulings do not retroactively apply to what has already transpired. Thus, the annulment follows the same principle [2569] Refer to: ((Fath al-Azeez)) by al-Rafi'i (8/375). .
 Preventatives From the Right to Return (the Item)
1.  Acceptance of the Defect
The First Issue: Does the usage of the Item for necessity [2570] Like buying a car and discovering a defect, then riding it to return it to the seller. prevent the right to return?
If the buyer uses the purchased item out of necessity, it does not prevent the right of return when a defect is found in it. This is the opinion of the Maliki [2571] According to the Maliki school: Riding an animal during travel does not prevent the right to return, even if not compelled. They made an exception for wearing clothes and having relations with a slave woman, as they indicate satisfaction by consensus, whether in settled or travel conditions. ((Hashiyat al-Dusuqi 'ala al-Sharh al-Kabir)) (3/121, 122), ((Munh al-Jalil)) by 'Ulaysh (5/171). school, supported by the statements of the Shafi'i [2572] According to the Shafi'i school: If one persists in riding the animal, there is no right to return unless the animal is unruly, making its control and riding difficult. Also, if a defect is found in clothing while on the way, one can turn to the right of return without removing it. ((Fath al-Azeez)) by al-Rafi'i (8/350), ((Mughni al-Muhtaj)) by al-Shirbini (2/58), ((Nihayat al-Muhtaj)) by al-Ramli (4/55). school, the view of some Hanafis [2573] ((Al-Hidayah)) by al-Marghinani (3/41), ((Tabyin al-Haqa'iq)) by al-Zailai (4/42), ((Hashiyat Ibn Abidin)) (5/35, 36). ,
and a narration attributed to Ahmad [2574] Confirming the invalidity of the option of stipulation through usage. ((Al-Mubdi')) by Burhan al-Din Ibn Muflih (3/435), ((Al-Insaf)) by al-Mardawi (4/307, 308). . Ibn Hazm also chose this opinion [2575] Ibn Hazm explicitly stated that usage, even without necessity, does not prevent the right to return. Ibn Hazm said: "Whoever examines what he has purchased for a defect must return it; he has the right to return it when he discovers the defect, whether he returns it immediately or later, whether it takes a long time or a short time. His actions after discovering the defect, such as use, riding, wearing, residing, and any kind of dealing, do not waive his right to return. Nor does presenting the item for sale." ((Al-Muhalla)) (7/584, 585). .

This is due to the following reasons:
Firstly: This is analogous to loading food onto an animal that’s rode [2576] Because riding the animal for the sake of fodder is solely for the benefit of the seller, as it involves the animal's livelihood. Refer to: ((Hashiyat Ibn Abidin)) (5/36). .
Secondly: because his use of it along with his need for it does not indicate satisfaction with the defect [2577]  Refer to: ((Munh al-Jalil)) by 'Ulaysh (5/171). .
The Second Issue: Does testing the purchased item after knowing about the defect invalidate the right to return?
If the buyer tests the purchased item after learning about the defect, it does not invalidate his right to return. This is the opinion of the Hanbali [2578] (Kashaf al-Qina)) by al-Buhuti (3/223), ((Mat'alib Awliya al-Nahy)) by al-Ruhaybani (3/119). school.
That is for the following reasons:
Firstly: testing the purchased item after coming to know about the defect is not considered acceptance (of the defect) [2579] Refer to: ((Kashaf al-Qina)) by al-Buhuti (3/223), ((Mat'alib Awliya al-Nahy)) by al-Ruhaybani (3/119). .
Secondly: because the buyer may need to know the value and description of the item to decide whether to keep it or return it [2580]  Refer to: ((Al-Insaf)) by al-Mardawi (4/388). .
2. Change in the Purchased Item for the Buyer
The First Issue: A Change in the Purchased Item through Transformation into Another Item that Cannot be Owned
If the purchased item undergoes a change by transforming into another item that cannot be owned, the buyer is not allowed to take possession of it. In this case, the buyer does not have the right to return [2581] Like buying sweet juice and finding a defect in it after fermentation; he is not entitled to return it to the seller because it has become alcoholic. the item, but he has the option to claim compensation [2582] **Arshu:** It is the amount refunded from the price of the goods if a defect appears in them. Refer to: ((Al-Insaf)) by al-Mardawi (4/297), ((Al-Sharh al-Mumti')) by Ibn Uthaymeen (12/277). . This is the view of the Hanafi [2583] ((Al-Fatawa al-Hindiyya)) (3/85), and refer to: ((Al-Muhit al-Burhani)) by Ibn Maza (6/570). and Shafi'I [2584] ((Al-Azeez Sharh al-Wajeez)) by al-Rafi'i (8/393), ((Rawdat al-Talibeen)) by al-Nawawi (3/499). schools. This is because returning the purchased item, after it has become something that is unlawful to own, would involve a exchange-based contract that compensates for something that cannot be lawfully owned, which is not permissible [2585] Refer to: ((Takmilah al-Majmu')) by al-Subki (12/248), ((Al-Muhit al-Burhani)) by Ibn Maza (6/570). .

The Second Issue: A Change in Sale Due to Increase
Firstly: Change in the Sale due to Continuous innate Increase [2586] **Connected Increase:** Like fat in the body, the growth of a tree, and education.
The continuous innate increase in the sale does not prevent the right to return the item based on a defect, and it is returned along with the original item. This is the consensus opinion of the Maliki [2587] According to the Maliki school: In the case of increase resulting from the original sale, the buyer is given the choice to either return the animal in its current state or keep it with no compensation. However, for increases resulting from actions taken by the buyer, such as dyeing and stitching, he is obliged to choose between keeping the item and returning it with compensation for the defect, or returning it and becoming a partner in the value of the addition he made. ((Hashiyat al-Dusuqi 'ala al-Sharh al-Kabir)) (3/127), ((Mawhib al-Jalil)) by al-Hattab (6/366), ((Munh al-Jalil)) by 'Ulaysh (5/184). , Shafi'i [2588] ((Mughni al-Muhtaj)) by al-Shirbini (2/61, 62), ((Nihayat al-Muhtaj)) by al-Ramli (4/65, 66). , and Hanbali [2589] ((Al-Mubdi')) by Burhan al-Din Ibn Muflih (3/427), ((Al-Insaf)) by al-Mardawi (4/297: 299). schools. This is because it cannot be separated, and ownership is renewed through cancellation, making the continuously increasing part connected to the original item, making it in line with the nature of the contract [2590]  Refer to: ((Mughni al-Muhtaj)) by al-Shirbini (2/61, 62), ((Al-Mubdi')) by Burhan al-Din Ibn Muflih (3/427). .
Secondly: Change in the Sale due to Detached Increase
1. Increase That is Not Part of the Original Item:
A detached increase that does not arise from the original item, does not prevent the right to reject based on a defect such as, windfalls and profit. It belongs to the buyer, and this is the consensus of the four schools of jurisprudence: Hanafi [2591]  ((Hashiyat Ibn Abidin)) (5/100), ((Al-Bahr al-Ra'iq)) by Ibn Nujaim (6/57), ((Al-Mabsut)) by al-Sarakhsi (13/89), and refer to: ((Bada'i al-Sana'i)) by al-Kasani (5/285). , Maliki [2592]  ((Al-Mudawwanah)) by Sahnun (3/360), ((Al-Istidhkar)) by Ibn Abdul Barr (6/289). , Shafi'I [2593]  ((Fath al-Azeez)) by al-Rafi'i (8/378-380), ((Rawdat al-Talibeen)) by al-Nawawi (3/493). , and Hanbali [2594]  ((Al-Mubdi')) by Burhan al-Din Ibn Muflih (3/427), ((Al-Insaf)) by al-Mardawi (4/297: 299). . There is a consensus [2595]  Samarqandi said: "They unanimously agree that profit or gain that occurs after taking possession does not prevent the annulment of the contract." ((Tuhfat al-Fuqaha)) (2/100). Ibn Qudamah stated: "If the increase is not from the essence of the sale, like profit, meaning he took its profit, which is the benefits obtained from it, such as service, rent, profit, and also what is gifted or bequeathed to him; all of that belongs to the buyer in return for his guarantee... and we do not know of any disagreement in this." ((Al-Mughni)) (4/110). Ibn Rajab mentioned: "If someone buys something, utilizes it, and it grows in value for him, then he returns it with a defect, if its growth was considered profit, he does not need to return it with the profit. Many scholars say there is no difference of opinion on this." ((Al-Qawa'id)) (p. 27). on this because it constitutes a cancellation, and detached increases are not excluded from cancellation - just like the right to reject based on a defect [2596] . Refer to ((Al-Kafi)) by Ibn Qudamah (2/102). .
2.  Increase Part of the Original Item [2597] Such as if the animal gives birth after its purchase or the tree bears fruit. :
If the detached increase is part of the original item (like birth of an animal), it does not prevent the right to reject based on a defect. This is the opinion of the majority [2598] According to the Maliki school, the increase in fruits and similar items belongs to the buyer, while the offspring is returned with its mother. According to the Shafi'i and Hanbali schools, the increase belongs to the buyer. : Maliki, Shafi'i, and Hanbali schools of thought.


This is because of the following:
Firstly, because the defect allows for a valid return [2599] Refer to ((Mughni Al-Muhtaj)) by Ash-Shirbini (62/2). .
Secondly, the scope of the contract only covers what the contract itself addresses, and it does not encompass any additional benefits or extras that the buyer may have derived through possession. Therefore, the rules of contract rescission do not apply to these extras, just as they do not apply to sales that occur after the sale has taken place [2600] This is evidence for the Maliki school. Refer to ((Adh-Dhakhira)) by Al-Qarafi (75/5). .

Thirdly:  Change in the Sale Due to Deficiency
1) Milking a she-camel that is ‘Musarrah’ [2601] At-Tasriyyah: to keep the milk in the udder of the animal for a day or two to increase its volume, giving the impression to the buyer that it can be milked similarly. Refer to ((Mawahib Al-Jalil)) by Al-Hatab (350/6). does not prevent its return.
If someone purchases a milking animal from the livestock (cattle), milks it, and later discovers that it is dry (does not produce milk), then milking it does not prevent its return. This is the consensus opinion of the Maliki [2602] ((Mawahib Al-Jalil)) by Al-Hatab (6/350, 351), ((Munh Al-Jalil)) by Alish (161/5, 162). , Shafi'i [2603] ((Mughni Al-Muhtaj)) by Ash-Shirbini (63/2). , and Hanbali [2604] ((Al-Mubdi)) by Burhanuddin Ibn Muflih (420/3), ((Kashf Al-Qina)) by Al-Buhuti (214/3). schools, as well as the view of Abu Yusuf and Zufar from the Hanafi school [2605] ((Sharh Mukhtasar At-Tahawi)) by Al-Jassas (62/3), ((Hashiyah Ibn Abidin)) (44/5). . It is also the opinion of a group of early scholars and the majority of the people of hadith [2606] Ibn Al-Mundhir said: "They differed regarding what the buyer of a milking animal can return in place of the milk. Most scholars said: He has the option after milking it: if he wishes, he can keep it, and if he wishes, he can return it along with a saa’ (a measure of volume) of dates." Malik, those of Medina, Laith bin Saad, Shafi'i, Ahmad, Ishaq, Abu Ubaid, and Abu Thawr held this opinion, and it has been established as the view of Abu Huraira. ((Al-Awsat)) (97/10). An-Nawawi said: "If this continues for three days and it is known that the animal is a milking animal, then if he chooses to return it after milking it, he returns it along with a saa’ of dates, whether the milk is little or much, whether it is a camel, sheep, or cow. This is our school's opinion, and it is also the opinion of Malik, Laith, Ibn Abi Layla, Abu Yusuf, Abu Thawr, and the jurists among the hadith scholars." ((Sharh Muslim)) (167/10). Also, refer to ((Al-Majmu Sharh Al-Muhadhdhab)) by As-Sabki (20/12). .

The Evidence from the Sunnah:
Narrated by Abu Huraira (may Allah be pleased with him), the Prophet Muhammad (peace be upon him) said: "Do not sell camels or sheep except for their humps and udders after they have been milked, for they are at their best at that time. So, he who buys such an animal has the option of returning it after milking it and then either keep it or return it along with a saa’ (type of measurement) of dates" [2607] Narrated by Al-Bukhari (2150) and Muslim (1515), and the wording is from Muslim. .

Point of Extrapolation:
The Prophet, peace be upon him, preferred it between returning and keeping the item [2608] Refer to "Kashf al-Qina" by al-Buhuti (214/3). .

2) Defects Found Inside the Sold Item
If the sold item is deficient due to the breaking or damage of what is consumed inside it, like watermelons, eggs, nuts, and the like [2609] For example, if someone buys a perishable item like watermelon, nuts, pomegranates, eggs, or similar items and then it breaks, causing them to find it spoiled, the reduction in value due to the breakage does not affect the return of the sale. , then the buyer has the right to return it to the seller for a full refund if he finds it to be entirely spoiled. This is the consensus opinion of the Hanafi [2610] According to the Hanafi school, if the item can still be used in some way, the buyer cannot return it. (See "Tabyin al-Haqa'iq" by al-Zayla'i, (37/4), and "Al-'Inayah" by al-Babarti, (372/6)) Also, refer to "Bada'i al-Sana'i" by al-Kasani (284/5). , Shafi'i [2611] Refer to "Rawdat al-Talibin" by al-Nawawi (486/3) and "Tuhfat al-Muhtaj" by Ibn Hajar al-Haytami (380/4). , and Hanbali [2612] According to the Hanbali school, if the item is partially defective, meaning only part of the sale is defective, then the buyer can return that portion for a proportional refund. If the defect is half of the item, the buyer can return half the price, and so on. If the item is a perishable commodity, like ostrich eggs or coconuts, and there is still some benefit in it, the buyer has the choice between returning it or keeping it with an appropriate reduction in price. This choice is in the best interest of the buyer, whether they decide to return it or keep it. (See "Al-Iqna'" by al-Hajawi, 99/2, and "Kashf al-Qina" by al-Buhuti, 224/3). schools because the contract is initially defective since it was based on something that has no benefit [2613] Refer to "Kashf al-Qina" by al-Buhuti (224/3). .

3) If the Item is Deficient Due to the Buyer's Use
The buyer does not have the right to return it due to the defect if it is because of their use. However, if there is an old defect [2614] The term "Arsh" refers to the amount recoverable from the price of the goods if a defect becomes apparent in them. (Refer to "Al-'Inayah" by al-Marjawi, (297/4), and "Al-Sharh al-Mumtii'" by Ibn 'Uthaymeen, (277/12)). in the item that the buyer did not know about, then they have the right to return it due to the old defect. This is the opinion of the Hanafi [2615] Refer to "Tabyin al-Haqa'iq" by al-Zayla'i (34/4), and also refer to "Bada'i al-Sana'i" by al-Kasani (283/5). and Shafi'i [2616] Refer to "Fath al-Aziz" by al-Rafi'i (344/8), "Rawdat al-Talibin" by al-Nawawi (476/3), and "Mughni al-Muhtaj" by al-Shirbini (58/2). schools, a narration among the Hanbali school [2617] Refer to "Al-Insaf" by al-Mardawi (299/4). , and the choice of Ibn Taymiyyah [2618] Refer to "Al-Insaf" by al-Mardawi (299/4). .

This is for the following reasons:
Firstly, returning the item would harm the seller because they would be deprived of what they initially had, and both parties would suffer losses. Therefore, it is preferable to return the item unless the seller agrees to keep it [2619] Refer to "Tabyin al-Haqa'iq" by al-Zayla'i (34/4). .
Secondly, the item was acquired with one defect, so it cannot be returned for two defects, and harm cannot be removed by harm [2620] Refer to "Mughni al-Muhtaj" by al-Shirbini (58/2). .

Damage to the Sold Item When in Possession of the Buyer [2621] For instance, if someone buys an item, then discovers a defect in it, and before returning it to the seller, it becomes destroyed, e.g., by death if it is an animal, or if he gives it away as a gift.
The buyer does not have the right to return for a defective item if it is damaged before returning it to the seller. The buyer is entitled to compensation ‘Arsh’ [2622] The "Arsh" refers to the amount refunded from the price of the goods when a defect appears in them. Refer to "Al-Insaf" by Al-Mardawi (297/4) and "Al-Sharh Al-Mumtai" by Ibn Uthaymeen (277/12). , and this is agreed upon by the four Islamic jurisprudential schools: Hanafi [2623] Refer to "Al-Bahr Al-Raiq" by Ibn Najim (58/6) and "Bada'i Al-Sana'i" by Al-Kasani (283/5). , Maliki [2624] "Hashiyat Al-Dasuqi Ala Al-Sharh Al-Kabir" (133,134/3) and refer to "Al-Dhakhirah" by Al-Qarafi (98/5). , Shafi'i [2625] "Rawdat Al-Talibeen" by Al-Nawawi (474/3) and "Mughni Al-Muhtaj" by Al-Sharbini (54/2). , and Hanbali [2626] "Al-Mubdi" by Burhan al-Din Ibn Muflih (479/6) and "Al-Insaf" by Al-Mardawi (301/4, 302). . This is because with the item being damaged, the opportunity for returning it is lost [2627] Refer to "Bada'i Al-Sana'i" by Al-Kasani (283/5) and "Al-Dhakhirah" by Al-Qarafi (98/5). .

The disappearance of the defect whilst the item is with the buyer.
This prevents the possibility of returning the item before seeking a cancellation. This is agreed upon by the four Islamic jurisprudential schools: Hanafi [2628] "Al-Mabsut" by Al-Sarakhsi (96/13) and "Al-Fatawa Al-Hindiyya" (69/3). , Maliki [2629] "Al-Taj wa Al-Iklil" by Al-Mu'aqq (440/4), "Mawahib Al-Jalil" by Al-Hattab (354/6). , Shafi'i [2630] "Al-Majmu'" by Al-Nawawi (470/5) and "Rawdat Al-Talibeen" by Al-Nawawi (228/2), and refer to "Al-Muhadhab" by Al-Shirazi (50/2), "Asna Al-Matalib" by Zakariya Al-Ansari (73/2). , and Hanbali [2631] "Kashf Al-Qina'" by Al-Buhuti (215/3) and (112/5), and refer to "Al-Muharrar" by Ibn Taymiyyah (328/1). . This is because the cause for the option to choose (the defect) has disappeared, and the contract remains valid, so the choice disappears [2632] Refer to "Bada'i Al-Sana'i" by Al-Kasani (196/4). .

7. Returning some of the defective items to the seller when the defect becomes apparent [2633] For example, if someone buys a set of items and finds a defect in some of them, they can take the non-defective items and return the defective ones to the seller.
The buyer has the right to return some of the defective items in a bulk purchase. This is the consensus of the majority of scholars: Hanafi [2634] The Hanafis stipulate that the return of the defective item should occur after complete possession. If they receive some of the items and then find a defect in some of them, they should return all of them. The exception for Hanafis is if the defect is found in some portion or weight of the goods, like half of it, then they can return only that portion or take it. Similarly, if the goods have interconnected benefits, like a pair of shoes or a pair of oxen, and one of them has a defect, they can return both or keep both. ((al-Bahr al-ra’iq)) by ibn Nujaym (68,69/6). , Maliki [2635] The Maliki school exempts if the defective portion is more than half or if there are interconnected benefits, such as a pair of shoes or a pair of oxen, or a slave girl and her child. In such cases, if a defect is found in one of them, they must return both or keep both. ((Mukhtasar al-Khalil)) (p.156), ((Mawahib al-jaleel)) by al-Hattab (384/6), "Hashiyat Al-Dasuqi Ala Al-Sharh Al-Kabir" (135/3). , Hanbali [2636] The Hanbali school exempts if there are interconnected benefits, such as a pair of shoes or a pair of oxen. In this case, the defective item cannot be returned separately, but they can return both items together. Alternatively, if it is forbidden to separate them, like a female slave and her child, then the defective item cannot be returned separately. ((Kashaf al-Qina’)) by al-Buhuti (225/3), ((Sharh Munthaha al-Iraadaat)) by al-Buhuthi (49/2), ((Mataalib Awlay in-Nahaaa)) by al-Rahbani (122/3). , and the preferred opinion among Shafi'i [2637] According to the Shafi'i school, it is prohibited to separate the items. If a defect is found in any of them, they should return all the items together, and they do not have the option to return them separately. In the opposing opinion, they are allowed to return them separately. ((Al-Majmoo)) by An-Nawawi (388/9), ((Rawdat al-Talibeen)) by An-Nawawi (488/3), ((Mughni al-Muhtaj)) by Ash-Shirbini (60/2). scholars.

This is for the following reasons:
Firstly, because the return (of goods) is specific to the defective (ones) and not others [2638] Refer to: ((Mughni al-Muhtaj)) by Ash-Shirbini (60/2). .
Secondly, because it (the goods) was sold with its defect evident, and it was possible to return it, so he (the buyer) owns it as if all of it is remaining [2639] Refer to: ((Al-Mubdi)) by Burhan ad-Din Ibn Maflah (433/3). .