Is the sale contract analogous to the marriage contract regarding the absence of an option of rescission?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
The sale contract cannot be validly analogized to the marriage contract concerning the absence of the option of rescission. Marriage typically occurs after considerable deliberation and contemplation, thus not requiring a subsequent option. Furthermore, establishing an option in marriage would result in harm, specifically due to the degradation involved in returning a woman after the sanctity of the contract has been conferred upon her, thereby equating her status to that of sold goods. For this reason, the option of condition or the option of sight is not established in marriage.