to it. Then, even if it were established that it is a cause for the option, the preventive factor is concurrent with it, so its ruling is not established. As for the pre-emptor [shafi'], he is a stranger to the contract, so it is not valid to stipulate the dropping of his option within the contract, unlike our issue. If one of them says to his companion, "Choose," and the other says nothing, the silent one retains his option because nothing has been found from him that would nullify his option. As for the speaker, it is possible that his option is nullified because of what was narrated by Ibn Umar that the Prophet (peace and blessings of Allah be upon him) said: "The two parties to a sale have the option as long as they have not separated, or one of them says to his companion: 'Choose.'" Recorded by al-Bukhari, Abu Dawood, and al-Nasa'i (22). And because he has granted his companion what he possessed of the option, his own option is dropped; this is the manifest position of the school of al-Shafi'i. It is also possible that his option is not nullified because he gave him the choice, [but he did not choose] (23), so it had no effect on him (24), just as if he granted the option to his wife and she did not choose (25). The hadith is interpreted as him giving him the choice and him then choosing, but the first [opinion] is more appropriate due to the literal meaning of the hadith. And because he granted the option to someone else. It differs from [the case of] the wife because he granted her something she did not possess, so if she did not accept, it dropped. Here, each of them possesses the option, so his statement was not a granting [of ownership], but rather a dropping, so it dropped.

701 - Issue: He said: (If the commodity is destroyed, or if it is a slave and the buyer emancipates him, or he dies, the option is voided.)

As for when the commodity is destroyed during the period of the option, there are two possibilities: either it was before taking possession or after it. If it was before taking possession and it was something measured by volume or weight, the sale is rescinded and it is from the seller's wealth. I do not know of any disagreement regarding this, unless the buyer destroys it, in which case it is from his liability.