after the offer. A sale is one of the binding contracts, becoming binding from that point onward. However, his statement—may Allah have mercy on him—is very weak, because interpreting it as separation in speech contradicts the hadith. The Messenger of Allah, peace and blessings be upon him, said: “When two men enter into a sale,” and a sale is concluded through offer and acceptance. Then he said: “so long as they have not separated and are together,” which refers to remaining in the same session.
Thus, the correct view, held by the majority, is that the option of the session remains established as long as the contracting parties are in the same session.
The wisdom behind the option of the session is that a person may hasten to sell or purchase something without due deliberation, and therefore needs to be granted this opportunity. He is granted this opportunity because, once something comes into a person’s possession, the desire he had for it before acquiring it diminishes. Thus, the Lawgiver has given him the option. This is part of the wisdom of the Lawgiver. Yet it was not made lengthy, so as to avert harm.
His statement: “and settlements having its meaning,” means that the option is established in a settlement that has the meaning of a sale. The pronoun in “having its meaning” refers to a sale. Settlements are of two types, as will be discussed in their relevant chapter. One type is that which has the meaning of a sale, such as when a person acknowledges that he owes another one hundred measures of wheat, then reaches a settlement with the claimant concerning those measures for one hundred dirhams. This settlement has the meaning of a sale because it is a clear exchange; therefore, the option is established in it by analogy with a sale.
His statement: “and a lease,” means that it is likewise established in a lease, because a lease is the sale of benefits. Thus, if a man leases a house to another for one year for one hundred, he has sold