A specified period such as two, three or five days makes the end of the option ascertainable. Phrases such as “whenever I wish” or “for some time” leave the period unclear.
A known duration reduces dispute and keeps the transaction from remaining indefinitely unsettled.
Ask two distinct questions:
1. Is the duration determinate?
2. Does it meet Abu Hanifah’s separate three-day ceiling?
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Khiyar al-Shart: Duration, Ownership, Rescission and Stipulated Attributes
A specified period such as two, three or five days makes the end of the option ascertainable. Phrases such as “whenever I wish” or “for some time” leave the period unclear.
A known duration reduces dispute and keeps the transaction from remaining indefinitely unsettled.
Ask two distinct questions:
1. Is the duration determinate?
2. Does it meet Abu Hanifah’s separate three-day ceiling?