And whoever buys two garments from one seller, setting them aside for himself on the understanding that he may later choose whichever of the two he prefers, and one of them is lost before he makes that choice, is liable for half of its value and may, if he wishes, return the other garment. Another opinion holds that he becomes a partner in both what has perished and what remains, owing half the price of the lost article and half the price of the one that is still present, even after its loss becomes manifest. The rationale is that the purchase had already become binding with respect to one of the two, and he was never entitled to return them both. This ruling applies only when each garment carried the same price. Jurists classify the matter as analogous to selling “one sheep from this flock that you may pick,” or “one garment from these garments that you will select.”
If someone takes two garments subject to an option such that, should he wish, he may buy one of them or return them both, and one of the two perishes before he exercises that option, then—once the loss is established—the consequence of the loss falls on the seller. The buyer still retains his option regarding the second garment: he may either take it at the stated price or return it. If both garments perish, he is liable for one of them while there is no liability for the other, whether or not he can produce evidence of the loss and whether or not the seller believes him.
If a person buys two garments from two separate sellers with an option, and the garments then become intermixed so that he can no longer distinguish one from the other, the sale becomes binding for both garments and his option is forfeited.
The cost of feeding and maintaining an animal sold with an option is borne by the seller, and any diminution in its condition during that period is likewise the seller’s responsibility.
According to Mālik (may Allah have mercy on him), once the two parties have completed their conversation and finalized the contract, neither of them retains any option unless they explicitly stipulate it.