or two or three days, just as for riding animals. Although these goods are not tested in the same way as riding animals, they do not change as quickly as those animals do. For this reason, their option period is not more tightly restricted.
For slaves, however, a longer option period is permissible. Al-Mudawwana states: “Five or six days, up to a week.” Ibn al-Mawwāz said: “Four or five days. I would not annul a sale with a ten-day option, but I would annul one with a month-long option.” Ibn Wahb reported that Mālik, may Allah have mercy on him, permitted a month-long option for a slave, whereas Ibn al-Qāsim and Ashhab rejected an option lasting a month.
The reasoning behind Ibn Wahb’s report from Mālik is that slaves possess discernment. A male or female slave may therefore conceal undesirable traits and display qualities that make them appealing. Testing them thus requires a period during which their ingrained traits will generally no longer remain hidden, even if one sees what has been concealed. In his view, that period is a month.
The reasoning behind Ibn al-Qāsim’s position is that, although slaves require extensive testing because of the discernment just described, a month is long enough for their condition to change. He therefore prohibited such a period because of the possibility of change, while allowing a period sufficient to test them and ascertain their condition without fear of their condition changing—a week or thereabouts. In this respect, a young slave who lacks discernment is treated like an older slave who possesses it. He applied a single rule to both, since there is no fixed, invariable point at which discernment develops.
As for houses, which require examination but are not liable to change, an option of up to a month is permissible. Ibn Habīb said: “And two months for houses and land.” Land is not mentioned in al-Mudawwana; the passage in al-Wādiha clarifies what is stated in al-Mudawwana.
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The duration of an option in a sale is therefore limited to the time needed for testing and deliberation, taking into account how quickly or slowly the item sold is liable to change. This differs from the position of al-Shāfiʿī and Abū Hanīfa, may Allah have mercy on them both, who hold that an option exceeding three days is not permissible for anything.