Is a sale conditional upon seeking permission from a specific person within a defined time a valid option period?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
If a seller stipulates that the sale is conditional upon seeking permission from a specified person (fulan) and defines this condition with a known period of time, it constitutes a valid option (khiyar). The seller retains the right to rescind the contract before consulting that person. This is considered a metaphor for the option (kinayah 'ala al-khiyar), a view held by some Shafi'i scholars. If the condition is not bound by a defined period, it is an unknown option (khiyar majhul), and it carries the same legal consequence as the defined one.