Does taking an oath not to sell and then executing a sale contract containing an option to revoke (khiyar) result in breaking the oath (hanith)?
General Chapter
Al-Mughni
Book of Oaths
Primary text
The oath not to sell is broken (hanith) if a sale contract containing an option (khiyar) is executed. This is because the transaction is a valid, legitimate sale in Sharia, thus rendering the oath broken, similar to a finalized sale. The opinion suggesting otherwise is incorrect because ownership rights, by agreement, are established after the option period expires, and the sale itself is the prerequisite cause for that establishment.
Supporting text
Abu Hanifa holds that the oath is not broken because ownership does not become fully established during the option period, making the sale akin to a void (fasid) transaction.