Is the option (*khiyar*) valid in contracts of guarantee (*daman*) and surety (*kafaalah*)?

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The option (*khiyar*) is not included in the contracts of guarantee and surety. This is because the option is stipulated for the purpose of determining what benefits the contracting party possesses, whereas the guarantor and the surety are entering the contract with the full knowledge that they have no benefit therein. Furthermore, these contracts do not require immediate acceptance (*qabul*), and therefore, the option is not applicable, similar to a vow (*nadr*). This position is held by Abu Hanifa and Al-Shafi'i, and no contrary opinion is known from others.