What constitutes separation (tafarruq) that terminates the option of rescission in a sale?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
Separation that terminates the option of rescission is physical separation. The argument that separation refers to separation in speech or belief, as mentioned in the verse regarding the People of the Book (Quran 59:4) and the prophetic statement about the Ummah splitting into seventy-three sects, is invalid. This is because the language does not support separation by speech or creed between two contracting parties who have already agreed on the terms. Furthermore, interpreting separation as such nullifies the benefit of the Hadith, as the parties are already known to have the option before the completion of the contract. The explicit wording states the option exists "after they traded" and the sale becomes binding "if they separate."
Supporting text
The interpretation of separation as speech or belief is contradicted by the actions of the narrators themselves; Ibn Umar, upon making a sale, would walk a few steps to solidify the contract, and Abu Barzah supported the physical separation understanding. Additionally, the saying of Umar, "The sale is either a definitive transaction or an option," is understood to mean that the sale is divided into one with a stipulated option period or one without, where the option period is short (thus termed a definitive transaction).