restrict the buyer’s freedom to dispose of the goods he has purchased. If any such sale takes place, there are two views concerning it. (The first) is that it must be rescinded so long as the seller insists on his stipulation; if he waives it, the sale becomes valid. If the goods are no longer available for restitution, the higher of their assessed value and the agreed price is due. Another opinion is that, when the goods are no longer available, the seller always recovers from the buyer the amount by which the price was reduced because of the stipulation, without regard to whether their assessed value is lower or higher than the price. This opinion is applied by valuing the goods both with and without the stipulation: whatever proportion the difference between the two valuations represents, the seller recovers that same proportion of the price from the buyer. Such is the ruling for this category according to this view.

This is the well-known position in the school, with one exception: when a man purchases goods on condition that he retain an option to rescind until a date too distant for such an option to be permissible. In this case, the sale must be rescinded in all circumstances and cannot stand, even if the person who stipulated the option agrees to waive the stipulation. His agreement does not constitute a waiver of the stipulation; rather, he is electing to uphold the sale under the invalid option he stipulated.

The second view is that all these sales are governed by the same ruling as sales invalidated by a breach of one of their conditions of validity. They must therefore be rescinded in all circumstances, whether or not the goods remain available for restitution and whether the parties agree or refuse. Neither party has any choice in the matter. If the goods remain available, the goods themselves are returned; otherwise, their assessed value, whatever it may be, is paid to the seller, and the price is returned to the buyer.

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There is also disagreement concerning a sale combined with a loan when such a transaction takes place. One opinion is that it must be rescinded so long as the party who stipulated the loan insists on his stipulation. If he agrees to waive it, according to Sahnūn’s position, or returns the loan, according to Ibn al-Qāsim’s position—meaning, and Allah knows best, before retaining it for a period during which he could benefit from it—the sale becomes valid and is not rescinded.

If the goods are no longer available for restitution—and, Ibn Habīb adds, the loan has not been received—the lower of the agreed price and the assessed value is due if the buyer was the one who stipulated the loan; the higher of the assessed value and the agreed price is due if the seller was the one who stipulated it. This is exactly the same ruling as for sales with stipulations. This is Ibn al-Qāsim’s opinion in al-Mudawwana. In al-‘Ashara, Yahyā reports from Ibn al-Qāsim that the assessed value is due, whatever it may be,