regarding which the option is stipulated, he recovers its share of the price, just as if he found one of them to be defective and returned it. If he stipulates the option in one of them without specifying which, or stipulates the option for one of the contracting parties without specifying which, it is not valid; because it is unknown, thus it resembles the case where one buys one of two slaves without specifying which. Also, it leads to conflict, and perhaps each of the contracting parties would seek the opposite of what the other seeks, and one might claim, "I am the one entitled to the option," [or] the one who has the option [demands] the return of one of the sold items, and the other says, "This is not what I stipulated the option for you in." It is also possible that the stipulation of an option in one of the sold items specifically is not valid, just as selling it for its share of the price is not valid. This entire section is the school of al-Shafi'i.

Section: If he stipulates the option for a third party, it is valid, and it constitutes a stipulation for himself and an appointment of an agent for another. This is the opinion of Abu Hanifah and Malik. Al-Shafi'i has two views on this; one of them is that it is not valid. Similarly, the Qadi said: If he makes the option absolute for a certain person, or says "for a certain person instead of me," it is not valid; because the option was legislated to obtain the interest of each of the two contracting parties through his own discretion, so it cannot be for one who has no interest in it. If he makes the third party an agent, it is valid. Our view is that the option depends on their condition, and it is delegated to them, and it has been possible to validate their condition and execute their disposal in the manner we have mentioned, so it is not permissible to void it while its validation is possible; due to the saying of the Prophet (peace and blessings of Allah be upon him): "Muslims are bound by their conditions." Accordingly, each of the one who stipulated and his agent for whom he stipulated the option has the right of annulment. If the sold item is a slave, and he stipulates the option for him, it is valid, whether the seller or the buyer stipulates it for him; because he is in the position of a third party. And if the contracting party is an agent, and he stipulates the option for himself, it is valid, for the consideration of obtaining the interest is delegated to him.