When does the duration of a specified option period begin if stipulated for a known duration like a day or hours?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
There are two views regarding the commencement of a stipulated option period (e.g., a day or hours). The first view holds that the duration starts immediately from the moment of the contract. This is considered the sounder opinion because the condition is an appendage to the contract, meaning its commencement must follow the contract itself, analogous to a deferred payment (ajal). Furthermore, commencing from the contract avoids uncertainty regarding its end date.
Supporting text
The second view suggests the period begins from the time of separation (tafarruq), arguing that the option is inherently established during the contract session (majlis) by legal implication, making the stipulation unnecessary. The session is equated to the contract moment because both allow for additions or subtractions to the terms.