(Sheikh Abdussalam Ash-Shuwa'ir).

However, Ibn al-Qayyim said [Iʿlām al-Muwaqqiʿīn, 4/29)]: “A man tells another person: Buy this house or this item from so-and-so for such-and-such a price, and I will give you a profit of such-and-such. But the buyer is afraid that if he buys it, the one who gave the order might change his mind and not want it anymore, and then he (the buyer) will not be able to return it. The solution is: he should buy it with a three-day option (or more), meaning he has the right to return it within that time. Then he tells the one who ordered him, I have bought it for the price you mentioned. If that person takes it from him, fine. If not, the buyer can still return it to the original seller because he has the option to cancel.” CONTRACTS SUBJECT TO خيار الشرط: 1. Sale agreements 2. Settlement agreements (Ṣulḥ) If it resembles a sale. 3. Lease Agreements (Ijārah) NOTE: Leases are classified into two types (according to their start time): 1. Immediate Leases حالّا: the lease begins immediately upon signing = in this case, خيار الشرط is INVALID; because part of the benefit (e.g., one month of occupancy) would be consumed without payment, which is impermissible. 2. Deferred Leases (في الذمة): If the lease is deferred (e.g., starting after one month), a conditional option is permissible until the occupancy starts. NOTE: Khiyār Ash-Shart is invalid in the case of currency exchange (الصرف) and prepaid sales (السلم) because these contracts must be settled immediately to avoid riba. For example, in a Salam contract, a buyer pays upfront (e.g., £5000) for a future delivery of goods. If a conditional option allows either party to cancel the deal after a month, it could lead to the seller profiting from the funds, effectively constituting interest. OWNERSHIP & BENEFITS DURING THE OPTION PERIOD: 1. Ownership: The item belongs to the buyer during the conditional option period. If the buyer dies, the property is inherited, and zakat must be paid on it. 2. Profit and Yield: Any attached متصل profits (e.g., fruit on a tree) belong to the buyer if they confirm the contract. Any detached منفصل profits (e.g., milk produced by livestock, earnings of a slave etc., during the option period) also belong to the buyer, regardless of whether they confirm or revoke the contract. This is supported by the maxim: (الخراج بالضمان) - "Profit comes with liability", meaning that whoever bears the risk of loss is entitled to the profits. RESTRICTIONS ON USAGE DURING THE OPTION PERIOD: 1. During the option period, the buyer may not use the purchased item for personal benefit unless explicitly permitted by the seller. * This prohibition exists to prevent the transaction from resembling a loan that generates benefit, which is prohibited. Using the property would effectively provide the buyer with free benefit (e.g., living in the house for a month). For example: A buyer pays a seller £1,000 for a house but retains the option to cancel for one month. If the buyer lives in the house during this period and then cancels the contract, the arrangement essentially becomes a loan that generates benefit for the buyer. * If the seller grants permission for extended use, it may be considered a form of voluntary gifting (التبرع) and is permissible provided it does not involve deception or resemble riba. 2. The buyer may use the item solely for testing/evaluating its suitability. For instance: Driving a car briefly to determine its condition. Inspecting a house to assess its structural integrity. Such usage is limited to the scope of testing and does not extend to personal benefit. If the contract is revoked, any usage would require the buyer to compensate the seller for the value of the benefit derived. For example, living in a house or using machinery would require the buyer to pay a fair rental value for the duration of use. 3. Neither party may sell or otherwise dispose of the property during the option period without the other's consent.