His statement, “If they both negate it”: that is, if they negate the option before it comes into effect. The manner of negating it is for the two parties to conclude the sale on the condition that neither has an option. Thus, one says, “I will sell it to you, but neither of us will have an option,” and the other replies, “No problem.” The option then lapses, and the contract becomes binding as soon as the offer and acceptance are made.

His statement, “Or if they both waive it, it lapses”: this refers to after it has come into effect—that is, after the contract has been concluded and a minute, two minutes, or ten minutes have passed. If they agree to waive the option, it lapses. The reason is that the right belongs to both of them, so if they agree to waive it, it lapses.

If someone were to say: This condition prohibits what Allah has permitted, for Allah has permitted each of them to rescind the sale. Thus, if they stipulate that there is no option, or they waive it, this amounts to prohibiting what Allah has permitted.

We reply: This prohibition does not concern a right belonging to Allah; rather, it concerns a human right, and the matter of a human right rests with its holder. Therefore, there is no harm if they waive it after the contract or negate it at the time of the contract.

His statement, “If one of them waives it, the other’s option remains”: that is, once the contract has been concluded, if one of them says, “I waive my option,” or if the other asks him to waive his option and he does so, his counterpart’s option remains. This is indicated by the statement of the Prophet ﷺ in the hadith of Abdullah ibn Umar: “If one of them gives the other the choice, and they conclude the sale on that basis, then the sale becomes binding” (1). This indicates