What is the ruling when the option is stipulated until nighttime ('ila al-layl) or until the next day ('ila al-ghad)?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
When the option is stipulated until nighttime or the next day, the night or the next day itself is not included in the duration of the option. This is the position of Al-Shafi'i. The basis for this is that the function of the particle 'ila' (until) is to denote the termination of the limit; therefore, what follows it is not included in what precedes it, analogous to the verse {Then complete the fast until the night} (Quran 2:187) and analogous to a temporal debt limit. The ruling requires adherence to the literal meaning of the term, which establishes the endpoint.
Supporting text
An alternative view, held by Abu Hanifa, suggests that 'ila' can mean 'with' ('ma'a'), citing Quran 5:6 and Quran 4:2. Since the option is established with certainty, uncertainty should not override it. This view is supported by the principle that certainty should not be removed by doubt.