Nor may either party validly dispose of the goods or of the specified price during the option period without the other’s permission, except for the purpose of mere inspection; the only exception is the buyer’s manumission of a purchased slave—such emancipation takes effect (1) even though it is forbidden.
A disposal undertaken by the buyer terminates his option, whereas a disposal by the seller does not (2). If either of them dies, his option lapses.
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Option for Excessive Price Disparity: when one party is overcharged in the sale by a margin that exceeds what custom tolerates—whether through najsh (artificially inflating the bid), against an unwary party (mustarsal), or by intercepting incoming caravan traders.
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Option for Fraudulent Concealment: such as dyeing an animal’s hair black, curling it, or tying off its udder so that milk accumulates, and the like. Whoever returns an animal whose udder had been tied must, in place of the milk consumed, give back one sâʿ of dates.
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Option for Defect: a defect is anything that diminishes the value of the item sold—for example, illness; an extra limb or tooth, or their loss; cross-eye or alopecia; a mount that stumbles; fornication committed by a slave who has reached ten years of age; his theft, flight, or bed-wetting, and the like. Once the buyer discovers the defect, he may choose either to retain the article with an arsh (7)—a proportionate allowance—or to return it and recover the price he paid.
If the article perishes or the slave is emancipated, only the arsh remains due. Should it become defective while in the buyer’s possession, or should he purchase a coconut or an ostrich egg, break it, and find it spoiled, then if he keeps it he is entitled to the arsh; but if he returns it, he returns