His statement, “It is established in a sale and a settlement tantamount to a sale”: It has already been mentioned that the option of the session is established in a sale, and likewise in a settlement tantamount to a sale. The meaning of a settlement tantamount to a sale has also been explained: it is a settlement based on acknowledgment—for example, where a person acknowledges that he owes another a specific item or a debt, then settles with him for part of it, or for another specific item, or the like. This is a settlement tantamount to a sale.
His statement, “or a lease of an unspecified liability”: An example is where he hires someone to sew a garment, saying, “Sew this garment for me for ten riyals.” This is a lease for work owed as an unspecified liability. If he then says, “I have the option for two days,” the condition is valid, for there is nothing objectionable in it, since this is a lease for work, and the work is established as an obligation.
His statement, “or [a lease] for a period that does not immediately follow the contract”: If it is for a specified period, such as when he says, “I lease you this house for one hundred riyals for one year from now,” then if the period begins immediately upon the contract, the stipulated option is invalid. But if it does not begin immediately, it is valid. It would have been clearer had the author said: “Its commencement is after the option period has ended.” This differs from the option of the session, for the option of the session is established in a lease for a specified period without restriction. As for the stipulated option, according to the author’s view, it is established in a lease for a specified period only on condition that the period begins after the option period has expired.
An example of a lease for work is where one says: “I hire you to carry firewood to my house.” The other says: “No problem,” and the contract is concluded on the condition that he has the option for one or two days. The condition is valid, because it concerns work; it involves no harm, no loss of benefit, and no objection whatsoever.