Abu al-Khattab said: It is possible that his option is nullified if he does not prevent her, because his keeping her in that state functions in the same manner as his enjoying her. Abu Hanifa said: If she kisses him out of desire, his option is nullified, because it is an enjoyment specific to ownership, so it nullifies his option, just as his kissing her would. Our position is that this is a kiss from one of the two contracting parties, and thus his option is not nullified, just as if she were to kiss the seller. Furthermore, the option belongs to him, not to her; so if we were to bind him by her action, we would be binding him without his consent, and there is no evidence for this. It differs from when he kisses her, for in that case, there is something found from him that indicates satisfaction with the sale. Whenever the buyer's option is nullified by his disposal, the seller's option remains as it was, because his option is not nullified by the satisfaction of someone else, unless the buyer's disposal was with the permission of the seller, in which case both of their options are nullified together due to the presence of satisfaction from both of them. If the seller disposes of the sold item in a way that requires ownership, it is a rescission of the sale, and this is the school of Abu Hanifa and al-Shafi'i, for the reasons we mentioned regarding the buyer. Furthermore, he is one of the two contracting parties, so his disposal of the sold item is an expression of his choice, like the buyer. There is another narration from Ahmad that the sale is not rescinded by this, because ownership has transferred from him, so his disposal of it is not a reclamation of it, like someone who finds his property with an insolvent person and disposes of it.

Section: Ownership transfers to the buyer in a sale with an option upon the contract itself according to the manifest [view] of the school, and there is no difference between whether the option is for both of them, or for one of them, whichever it may be, and this is one of the opinions of al-Shafi'i. From Ahmad [there is another view]: that ownership does not transfer until the option period expires, which is the opinion of Malik, and the second opinion of al-Shafi'i, and it is what Abu Hanifa said if the option is for both of them and the seller. If it was for the buyer, it exits the ownership of the seller, yet it does not enter the ownership of the buyer; because a sale involving an option is an incomplete contract, so it does not transfer ownership, like a gift before possession. The third opinion of al-Shafi'i is that ownership is suspended and held in abeyance; if they both ratify the sale, it becomes clear that ownership belongs to the buyer.