Section
An option in a sale inherently involves uncertainty; the Sunnah permits it only because people need it. A buyer may be unfamiliar with what he has purchased and therefore need to test it to determine whether it suits him and whether it is worth the price he paid. He may also need another person’s opinion on all these matters and wish to seek advice. The option was therefore granted as a concession to him. It does not follow that the same must apply to marriage, even though a man may need to assess the woman he intends to marry, ascertain whether she is suitable for him, and seek advice about her more than he needs to do so concerning an item he purchases. Sales are based on bargaining and commerce, whereas marriage is based on generosity and the forging of bonds; their underlying natures therefore differ.
Section
An option may serve both purposes—seeking advice and testing the item sold—or either one of them. A male slave is assessed for his intelligence, character, ability to serve, dullness, and energy. Likewise, a female slave is assessed for her intelligence, character, capacity for service, and proficiency in the tasks she undertakes, such as cooking, baking, and similar skills. A house is examined for its construction, neighbours, and location, and its foundations, walls, and useful features are inspected. Riding animals are assessed for their qualities, gait, strength or weakness, vigour or incapacity, eating habits, condition when standing still and when fitted with their gear, and similar matters. As for garments and other goods, there is no scope for testing them. The option in their case is solely for seeking advice, or for checking the fit of something purchased to wear.
Section
If a buyer stipulates an option for something that can be tested, without specifying that he stipulated it for that purpose, and then wishes to take possession of the item to test it, but the seller refuses to hand it over, saying, “You are entitled only to seek advice, since you did not stipulate taking possession of the item during the option period to test it,” then the word to be accepted is that of