the sale, producing an audible slap. This was the Arabs’ customary way of confirming a deal, and the contract itself later came to be called a ṣafqa (hand-clasp sale).
– Ṣafqat al-khiyār: A ṣafqa is when one man gives another his pledge and covenant by placing his hand in the other’s hand. Here the meaning is that the two parties agree in advance that the majlis option is waived and that the sale is immediately binding.
• Grammatically, the phrase ṣafqat khiyār may be read in the nominative if kāna is taken as a complete verb—“unless there exists a ṣafqat khiyār”; or in the accusative if kāna is deficient with an implied subject—“unless the transaction is a ṣafqat khiyār.”
– “Out of fear that he might seek to be released (yastaqīluhu)”: i.e., out of fear that he will ask to have the sale rescinded and cancel it with him.
– “The seller and the purchaser”: In reality they are both contracting parties, and all the rulings of ownership and liability—price and merchandise alike—have already devolved upon each of them. The majlis option is merely a grace period granted to both so that either of them may correct something he has overlooked, provided they have not already waived this right by finalizing the sale without any option.

What is derived from the two hadiths

1. Because a sale may be concluded without careful thought or deliberation, leaving the seller or buyer regretting the loss of certain aims, the Wise Lawgiver granted each of them a period during which he can annul the contract. That period is the time they remain together in the session of contract; so long as the two contractors stay in that place, each retains the choice either to ratify or to revoke the sale.
2. If the two parties physically separate from the place of contract before exercising that option, the sale becomes binding. The Vizier said: “The jurists are unanimous that once the sale is obligatory and they leave the session with no option stipulated, neither of them may return the item except on account of a defect.”
3. If, after the contract but before they part, the two parties agree to relinquish the option, it is nullified; likewise, if they sell on the condition that there be no option between them, the contract is binding, for the right belongs to them and whatever arrangement they agree upon is valid. Should one of them waive his option while the other does not, the latter’s option remains intact.