What is the ruling when the specified period for 'Khiyar' (option to void a contract) elapses without either party exercising the option?

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

When the period designated for the option elapses and neither party voids the contract, the option becomes void, and the contract becomes binding (*lazim*). This is the position held by Abu Hanifa and Al-Shafi'i. The evidence supporting this is that the option period is an accessory stipulation attached to the contract, and thus it terminates upon the expiry of its stipulated time, similar to a fixed term (*ajal*). Furthermore, maintaining the contract's non-binding state beyond the stipulated period leads to the option persisting outside the agreed-upon terms, which is impermissible as the stipulation is the cause for the option. Additionally, any temporary ruling, such as the option, lapses when its time expires, like all other time-bound matters. Since the sale inherently implies finality (*luzum*), the stipulation only temporarily suspends this finality; once the stipulated condition ceases to apply, the inherent ruling of finality must take effect.

Supporting text

Al-Qadi holds that the contract does not become binding merely upon the passage of the period. This view aligns with the position of Malik, based on the reasoning that the option period was established for the benefit (*haqq lahu*) of the party, not as an obligation (*haqq 'alayhi*), and therefore, the ruling should not be established solely by the passage of time, analogous to the expiration of a term related to an oath (*muli*).