However, if the option belongs to the seller alone, he may not dispose of the item. If he does dispose of it, his disposal is invalid, because ownership of the item sold belongs to the purchaser. Yet he may say, “I rescind the sale,” and then dispose of it. The correct view is that this constitutes a rescission of his option.

For example, Zayd sells this house to ‘Amr for one hundred thousand, and the seller, Zayd, says, “I retain the option for one month.” Then Zayd sells it to another man. This rescinds his option, because his sale of it indicates that he has cancelled the first sale. This rescission is implied by an action, not by words. But if the seller says, “Bear witness that I have rescinded,” this is a verbal indication, and there is no issue with it. However, when he rescinds his option by virtue of his disposal, it is an effective rescission by action.

His statement, “If either of them dies, his option is nullified,” means that if either the seller or the purchaser dies, his option is nullified, whether the option was stipulated for him alone or for both him and the other party.

For example, a man purchases a house from another for one hundred thousand and stipulates the option for himself for one month, then dies. The option is nullified. Accordingly, the heirs have no option regarding this item sold. The apparent meaning of the author’s words on this issue differs from the established position of the madhhab.

If the heirs say, “Why do we have no option? Has it not passed to us from our deceased relative together with his rights, including the option?”

We say: According to the author’s view, there is no option, because the choice of affirming or rescinding the sale can only come from the purchaser who died. We do not know now whether he wished to affirm it or wished to rescind it, so the option is nullified. But if we know that he wished