to rescind the sale, whether the other party is present or absent, pleased or displeased, because the right belongs to him. Thus, if they buy and sell this house and stipulate an option for both of them for ten days, then one of them rescinds, and the other says, “I do not consent. I too have the option, and I have not rescinded,” the sale is nevertheless rescinded, even if he does not consent. Nor is it a condition that the other party know of the rescission, because of the juristic principle: “The knowledge of one whose consent is not required is likewise not required.” Hence, a man may divorce his wife even if she is unaware of it, because her consent is not a condition; and when her consent is not a condition, there is no point in making her knowledge a condition.

But how does he rescind when the other party is absent?

The answer is that he should have witnesses to it, or write a statement and send it to him by post, or deposit it with a trustworthy person, stating that on such-and-such a day he rescinded the sale contract agreed upon with so-and-so, and so forth.

His statement, “even if the other party is absent and displeased,” is explained as follows:

First: because the right belongs to him.

Second: because the other party’s knowledge is not a condition; therefore, his consent is not a condition either. Hence, he may rescind even in the absence of the other party. However, it should be said that he ought to have witnesses to the rescission, lest a dispute arise between the seller and purchaser, resulting in strife, enmity, and hatred.

His statement, “Ownership during the two option periods belongs to the purchaser”: ownership here means ownership of the item sold, and “the two option periods” means the option of the session and the stipulated option; it belongs to the purchaser (1). Even before the option period has ended, its benefit belongs to him and its liability rests upon him,