and his option is nullified. Regarding the seller's option, there are two narrations. If the sold item is other than that which is measured by volume or weight, and the seller did not prevent the buyer from taking possession of it, then the manifest position of the school is that it is the buyer's liability, and it is as if it were destroyed after taking possession. As for if the sold item is destroyed after taking possession during the period of the option, it is the buyer's liability, and his option is nullified. Regarding the seller's option, there are two narrations: one of them is that it is nullified, which is the choice of al-Khiraqi and Abu Bakr, because it is an option of rescission, so it is nullified by the destruction of the sold item, like the option of return due to a defect if the defective item is destroyed. The second narration is that it is not nullified, and the seller has the right to rescind and demand its value from the buyer. This is the choice of the Qadi and Ibn Aqil, based on the saying of the Prophet (peace and blessings of Allah be upon him): "The two parties to a sale have the option as long as they have not separated." And because it is an option of rescission, so it is not nullified by the destruction of the sold item, just as if one bought a garment with another garment, and one of them was destroyed, and the other found a defect in the garment; he would return it and recover the value of his garment. It is the same here. As for if the buyer emancipates it, his option is nullified because he destroyed it. Regarding the nullification of the seller's option, there are two narrations, just as if the sold item were destroyed. The option of the assembly and the option of condition are the same in all of this.

Section: Whenever the buyer disposes of the sold item during the period of the option in a manner that pertains specifically to ownership, his option is nullified, such as emancipating a slave, contracting him, selling him, gifting him, having intercourse with a slave girl, fondling her, or touching her for pleasure, dedicating the sold item as a waqf, riding an animal for his need or for travel, loading it, residing in a house, repairing it, harvesting crops, or cutting part of them. Whatever is found from this is satisfaction with the sold item, and his option is nullified thereby because the option is nullified by explicit satisfaction and by the indication thereof. For this reason, the option of the emancipated woman is nullified by her enabling her husband to have intercourse with her, as the Messenger of Allah (peace and blessings of Allah be upon him) said to her: "If he has intercourse with you, you have no option." This is the school of Abu Hanifa and al-Shafi'i. As for riding an animal to check its gait, milling grain to know the capacity of its grinding, milking a sheep to know the quantity of its milk, and the like, this is not satisfaction with the sale and does not nullify his option, because this is the very purpose of the option, which is to test the sold item.