When only the buyer holds the stipulated option:
Abu Hanifah: the object leaves the seller’s title, yet the buyer’s title is not established while the option remains.
The two disciples: title passes to the buyer.
Both positions recognize the buyer’s option. The difference is the legal consequence for ownership in the interim.
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Khiyar al-Shart: Duration, Ownership, Rescission and Stipulated Attributes
When only the buyer holds the stipulated option:
Abu Hanifah: the object leaves the seller’s title, yet the buyer’s title is not established while the option remains.
The two disciples: title passes to the buyer.
Both positions recognize the buyer’s option. The difference is the legal consequence for ownership in the interim.