Is it permissible to stipulate the option to cancel a sale (Khiyar) for one party only, or for a specific duration for one party and a different one for the other?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
It is valid to stipulate the option for each of the contracting parties, or for only one of them. It is also valid to stipulate a specific duration for one party and a different duration for the other, as this pertains to their right, and its validation is a concession granted for their ease. If two items are purchased and the option is stipulated for one specific item but not the other, the contract is valid. This is analogous to purchasing an item subject to pre-emption rights alongside one that is not. If the sale of the item subject to the option is cancelled, the corresponding portion of the price is returned.
Supporting text
If the option is stipulated for one of the two items without specifying which one, or if the option is stipulated for one of the contracting parties without specifying which one, the stipulation is invalid because it is indeterminate (majhul) and leads to conflict. There is also a view suggesting that stipulating the option for one specific item among several might be invalid, similar to selling one of two items for a specific portion of the price.