Is it permissible to exchange the price and take possession of the sold item during the option period?

Chapter on the Option of the Two Parties in Sale

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 2

Open in Qurani

Primary text

It is permissible to exchange the price and take possession of the sold item during the option period. This is the position of Abu Hanifa and Al-Shafi'i. The evidence for this position is that the permissibility of exchange and possession is a ruling concerning the sale itself, and thus it is valid during the option period, similar to lease agreements (Ijarah). The counter-argument regarding this being a loan if the contract is dissolved is refuted because the jurists permitting it do not permit disposition of the item itself.

Supporting text

Malik disliked this action, reasoning that if the buyer pays the price and then they mutually dissolve the sale, it becomes akin to the seller having loaned the money to the buyer.