Is the option to retract the contract immediate or subject to delay?

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 1 · Bab 1

Open in Qurani

Primary text

There are two established positions regarding the timing of the option to retract. The first position holds that the option is subject to delay (tarakhi). This is because it is a right of return contingent upon compensation, similar to revoking a gift. The second position holds that the option must be exercised immediately (fawr). This is based on the reasoning that it is an option established in a sale due to a defect in the consideration, thus requiring immediate action, analogous to rejecting an item due to defect. Furthermore, allowing delay leads to harm for creditors because it postpones their rights, making it similar to the option of pre-emption (shuf'ah). Al-Qadi supported this latter view.

Supporting text

The scholars of Al-Shafi'i also maintain two views corresponding to these two positions.