What is the ruling on stipulating an eternal option or one bound by an uncertain condition?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
Stipulating an option forever ('abadan'), whenever either party wishes ('mata sha'na'), or failing to specify a duration, or binding it to an unknown duration such as the arrival of Zayd, the blowing of the wind, the falling of rain, or consulting a specific person, is invalid according to the soundest view in the madhhab. This position is favored by Al-Qadi and Ibn 'Aqil, and aligns with Al-Shafi'i's doctrine. The basis is that a condition appended to the contract cannot contain uncertainty, similar to an unknown deferred payment period. Stipulating an eternal option prevents the possibility of disposition forever, which contradicts the inherent requirement of the contract, thus invalidating it.
Supporting text
There is a narration from Ahmad stating that such stipulations are valid, meaning they remain option holders indefinitely unless they terminate it or the period ends if one was implied. Malik opined that it is valid, and a customary period for testing the sold item should be determined and applied. Abu Hanifa argued that if the invalid part of the condition is removed before completion or an explicit duration is set, the contract becomes valid, as if the condition was never stipulated. Ibn Abi Layla held that the contract remains valid and the invalid condition is dismissed, citing the Hadith of Barirah.