the expiry of the option period, it is likewise invalid, because it adds a condition after the contract has become binding, and a binding contract cannot be made non-binding. This condition removes the contract from its legally prescribed implication and is therefore invalid.
The correct view is that it is valid if stipulated before the contract, for we say that the contract in this case is based on a prior agreement. Moreover, in the chapter on marriage, you hold that if the husband stipulates a condition to the wife, or the wife stipulates a condition to the husband, before the contract, it is valid. Likewise, regarding conditions in a sale that are stipulated before the contract, there is a strong juristic view that they are valid. Accordingly, we say: an option is one type of condition, and there is no difference. So long as we agree at the time of the contract that each of us has an option for one month, what could invalidate this? Allah, Exalted is He, says: “O you who believe, fulfil your contracts.” [al-Ma'idah 5:1]
Likewise, an option stipulated after the contract has become binding is also valid. Bindingness occurs, for example, when the parties separate, and this is a right belonging to the two contracting parties. Thus, if after separating they agree to set a specified period during which each of them has an option, that is within their rights—just as they may stipulate this option at the time of the contract. What, then, prevents it after the contract has become binding, when it is their right?
The correct view in this matter is that if they add the condition of an option after the sale has become binding, then each of them has an option. If someone were to say, “This entails making a binding contract non-binding, and this contradicts the ruling of the Sacred Law,” we reply: Contradiction is of two types: total contradiction and limited contradiction. As for total contradiction, then yes, it is invalid; but as for limited contradiction, it is valid. In this case, the sale contract is made non-binding for a limited period, not permanently. Is it not the case that when a man purchases something, he acquires ownership of it and its benefits from the moment of the contract, yet if he stipulates