their options, as if they had both chosen to finalize it, and their disposition becomes valid because the termination of the option occurred through the permission for the sale, so the sale takes effect after the termination of the option. If the seller disposes of it with the permission of the buyer, it is possible that it takes effect as valid, because that is evidence of the rescission of the sale or the retrieval of the sold item, so his disposition takes effect after he retrieves it. It is also possible that it is not valid, because the seller does not require the buyer's permission to retrieve the sold item, so it becomes like his disposition without the buyer's permission, and we have already mentioned that it is not valid, and the same applies here. In every instance where we stated that the seller's disposition does not take effect, but rather the sale is rescinded by it, if he repeats that disposition or carries out a different one, it is valid; because upon the rescission of the sale, ownership reverted to him, so his disposition of it became valid, just as if he had rescinded the sale by explicit statement and then disposed of it. Likewise, if there preceded his disposition something by which the sale is rescinded, his disposition is valid for the reasons we have mentioned.

Section: If one of them disposes of the item by way of emancipation, the emancipation takes effect for the one whom we ruled to be the owner. The apparent view of the school (Madhhab) is that ownership belongs to the buyer, so his emancipation takes effect, regardless of whether the option is for both of them or for one of them; because it is an emancipation by an owner who is permitted to dispose of property, so it takes effect, as it would after the period expires. The saying of the Prophet (may God bless him and grant him peace): "There is no emancipation regarding what the son of Adam does not own" (22) indicates by its implication that it takes effect (23) regarding property one owns. The seller's ownership for the purpose of rescission does not prevent the effectiveness of the emancipation, just as if he sold a slave for a defective slave girl (24), the buyer of the slave's emancipation of him takes effect, even though the seller has the right of rescission. If a man gifted a slave to his son, and the son emancipated the slave, his emancipation takes effect, even with the father's right to reclaim the gift. The seller's emancipation does not take effect according to the apparent view of the school. Abu Hanifa, al-Shafi'i, and Malik said: His emancipation takes effect; because it was his property, and even if ownership has transferred, he retrieves it through the act of emancipation. We hold that it is an act of emancipation by a non-owner, so it does not take effect, like the emancipation by a father of his son's slave whom he had gifted (25) to him, and we have already provided evidence that ownership has transferred to the buyer.