﴿وَمَا جَعَلَ عَلَیۡكُمۡ فِی ٱلدِّینِ مِنۡ حَرَجࣲ﴾

"And He has not placed upon you in the religion any difficulty." [Surah Al-Ḥajj: 78] NOTE: For significant transactions involving large sums or deferred payments—where documentation and clarity are essential—it is HIGHLY recommended to document the agreement and have witnesses. This provides a reference in case of disputes between the parties. _______ المسألة الرابعة: الخِيار في البيع The Option of Withdrawal (الخِيار) in Sales Transactions The concept of 'khiyar' (option of withdrawal) grants both the seller and the buyer the right to either affirm (إِمْضَاء)) or revoke (فَسْخ) the sales contract. In some cases, it may also involve financial compensation (أَرْش). - The basic rule in a sales contract is that it becomes binding لازم once it is completed with all its pillars and conditions fulfilled. Neither party has the right to revoke the contract unilaterally. However, Islam, as a religion of ease and leniency, takes into account the interests and circumstances of individuals. For instance, if a Muslim purchases or sells an item but later regrets the transaction for any reason, Shari'ah permits an option period (الخيار) during which the individual can reconsider the matter, assess their interest, and decide whether to proceed with the transaction or withdraw from it. TYPES OF KHIYĀR: There are various types of Khiyār, but we will mention 5 of the most common forms: 1️⃣. خيار المجلس Option of the Meeting This refers to the option available to both contracting parties while they remain in the meeting where the sale occurred. Either party may revoke the contract as long as they have not yet separated from the place of the agreement. Evidence: Ibn ’Umar (may Allāh be pleased with him) reported that the Prophet ﷺ said: ((الْبَيِّعانِ بالخِيارِ ما لَمْ يَتَفَرَّقا)) “The two parties to a transaction have the option (to cancel) as long as they have not separated.” [Agreed upon - Al-Bukhari (2110), Muslim (1532)] Point of evidence: This narration clearly demonstrates that both parties to a sale retain the right to annul the transaction while they remain in the same meeting and have not yet parted ways. DURATION: The خيار المجلس extends from the moment the contract is concluded (e.g., when the seller says, "I sold," and the buyer says, "I bought") until the parties physically part ways (تفرق الأبدان), not merely through verbal declarations such as concluding the offer and acceptance. CONDITIONS FOR SEPARATION: 1. Voluntariness: The separation must not be forced. If one party is compelled (eg., one of them faints and is rushed to hospital and later returns), the option remains valid. 2. Genuine Parting: If one party deceptively separates (e.g., as a trick - to nullify the other’s khiyār al-majlis), the separation is not valid, and 'khiyār al-majlis' still applies. The Prophet ﷺ said: ((وَلاَ يَحِلُّ لَهُ أَنْ يُفَارِقَهُ خَشْيَةَ أَنْ يَسْتَقِيلَهُ)) [رواه الخمسة إلا ابن ماجة (حسن)] "It is not lawful for him to separate from his companion, fearing that he will change his mind." However, if the individual has a valid reason or customary need to leave, it is allowed. SEPARATION IS DETERMINED BY CUSTOMARY NORMS: For example: - If they are in an open desert or a large, open area, separation is achieved when one of them turns their back on the other and walks a few steps away. - If they are in a house with multiple rooms, separation occurs when one moves from one room to another. - If the house has multiple levels, separation is achieved when one ascends to an upper floor while the other remains below. MODERN APPLICATIONS: - For transactions conducted over the phone, the option of khiyār al-majlis lasts until the call ends. Once the call ends, khiyār al-majlis is terminated. - Completion of an online transaction session. For example, once the "order" is placed or the transaction window closes, the khiyār ends. These examples constitute a virtual meeting (not a physical one).