Is a contract valid if acceptance (Qabul) follows the offer (Ijab) after a delay?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

The contract remains valid provided both parties remain in the same session (Majlis) and do not become preoccupied with matters other than the contract. The ruling of the session is considered the ruling of the time of the contract itself. This is evidenced by the rule concerning immediate possession (Qabd) in contracts where it is stipulated, and by the establishment of the option to revoke (Khiyar) in exchange contracts (Uqud al-Mu'awadat). If the parties separate before acceptance, the offer becomes void because its meaning is lost, as separation implies refusal (I'rad) from the offeror's side, thus precluding acceptance.

Supporting text

If the parties become preoccupied with something that interrupts the flow, the offer also becomes void because preoccupation constitutes turning away from the contract itself by neglecting its acceptance.