rescission—such that he had sought it by saying, “I wish to rescind”—then the option is inherited after his death, because his seeking it indicates that he had chosen rescission. But if he had not sought it, we do not know; and the basic principle is that the contract remains in force. This is the reasoning of the scholars of the madhhab, may Allah have mercy on them.

However, interpreting the seeking of it in this manner is open to question. For if he says, “I rescind,” the sale is rescinded and no option remains. But if seeking it is understood to mean that he said, “I am maintaining my option,” then this remains established even if he did not say it, because so long as he purchased subject to an option and has not waived it, the basic principle is that it remains.

The second view is that it is inherited whether he had sought it or not. They reasoned that ownership passed to the heirs together with its attendant rights. Thus, what was purchased subject to an option passes to the heirs together with its rights, and they consequently acquire that option. Likewise, if the option belonged to the seller, it passes from him to his heirs and is inherited from him, for Allah says concerning inheritance: “And for you is half of what your wives leave behind,” and, “And for them is one quarter of what you leave behind” [al-Nisa 4:12]. The word “leave behind” includes everything they leave behind, whether tangible property, benefits, or rights.

This is the correct view: the right passes to the heirs, and they have the choice of affirming or rescinding the sale, because they inherited it from their deceased relative in that capacity.

As for their statement that he must have sought it, it may be said: if he did seek it, there is no need to say that the stipulated option remains, for once he sought it, the option came to an end, since he had chosen rescission.

Question: If the heirs differ, such that some say, “We wish to affirm the sale,” while others say, “We wish to rescind it.”