Neither party may dispose of it without the other party’s permission, except when doing so is necessary to test the item sold, or in the case of the purchaser’s emancipation of a slave. The purchaser’s disposal of it terminates his right of option, and if either of them dies, his option lapses.
His statement, “without the other party’s permission,” means that if either party permits the other to dispose of it by leasing it out, lending it, or otherwise making use of it, there is no problem. Without such permission, however, it is not allowed.
His statement, “except when testing the item sold,” means that if the purchaser’s disposal is for the purpose of testing the item sold—for example, if it is a horse, whose speed and responsiveness to commands are tested; or if it is a car, which is tested to see whether it runs or not—then it is permissible. Thus, the purchaser may dispose of the item sold for the purpose of testing it.
Does testing include milking a sheep or a cow?
The answer is: yes. Some cows, when one tries to milk them, kick with their legs, making milking impossible. The same may be true of some sheep and camels. Therefore, if he milks it in order to test it, there is no harm in doing so. Does his option lapse if this is done for testing?
The answer is: no, because one of the reasons for stipulating an option may be to test the item sold.
Is it valid to dispose of it jointly with the seller, by leasing it out or selling it?
Yes, it is permissible, because the seller’s acceptance of this disposal unquestionably constitutes permission. Thus, disposal is permissible in three cases: when the holder of the right grants permission, when the disposal is undertaken together with the holder of the right, and when it is for the purpose of testing the item sold.
His statement, “except for the purchaser’s emancipation,” means that “emancipation” is a verbal noun attributed to its agent. Thus, if someone buys a slave and either the seller or the purchaser stipulates a right of option, the purchaser may emancipate the slave.
Is this prohibited or not?
The apparent meaning of the author’s words is that it is not prohibited and is valid.