It may be said: if there is only one heir, no disagreement can arise: he either rescinds or affirms the sale. But if there is more than one heir, and some of them choose rescission while others choose affirmation, then, if splitting the transaction causes no harm to the seller, each heir’s choice may be given effect. For example, if the transaction involved ten cars, all of the same type and equal in value, and the man died leaving behind four sons and two daughters, then each daughter would receive one car and each son two cars. If one of the sons says, “I choose to rescind the sale,” he returns two cars to the seller, and the seller returns their price to him, with no loss to the seller. If one of the daughters says, “I choose to rescind the sale,” the seller is given one car, and he returns its price to her. There is no issue in this.

But if a shoe had been sold to him for one hundred riyals, and he had stipulated an option for one week, then died during that week, leaving two sons—one of whom chooses rescission and the other affirmation—then the transaction cannot be split, because that would harm the seller. It is therefore said to them: either both of you rescind, or both of you affirm the sale.

His statement, “If either of them dies, his option is void”: if either party dies while the option of the session remains, his option is void. There is no issue with this, for among the greatest forms of separation is separation through death. The Prophet, peace and blessings be upon him, said: “Each of the two parties retains the option so long as they have not separated.” (1)

Question: If one of them falls asleep while the option of the session remains—for instance, he is extremely tired and sleepy, and the seller says, “I have sold you this item,” to which he replies, “I accept”; then, with his head drooping onto his chest, he becomes drowsy and falls asleep—this does not invalidate his option, so long as they both remain in the same