Conditional-Period Selling of the Animal from the Perspective of Al-Sheikh Hussein Al-Hilli

Abstract

This research includes an introduction and two chapters. The introduction defines "Conditional-Period Selling" (khiyar) both linguistically and terminologically. The first chapter addresses two specific issues:
Whether the term "animal" refers to animals in general or specifically to those that are alive.
Whether this option applies only to specific animals or also to general categories, and if the latter, whether it applies in the current transaction or deferred sale (salam).
The second chapter discusses whether this "Conditional-Period Selling" is exclusive to the buyer or applies to both parties in the transaction, and whether it applies specifically when both items being traded are animals. Additionally, the chapter explores when the "Conditional-Period Selling" becomes valid: at the time of the sale’s conclusion or after the parties separate. The meaning of "day" within the three-day option period is also examined, along with whether this option extends to the sale of a female slave (ummah) and whether the three-day period applies exclusively to non-slave transactions. Throughout the research, we focus on the views of Ayatollah Al-Sheikh Hussein Al-Hilli.