Seller’s option:
Title remains with the seller.
If goods perish in the buyer’s possession, the measure is assessed value.
Buyer’s option:
The goods leave the seller’s title; Abu Hanifah and the two disciples differ on the buyer’s title.
Loss or new defect in the buyer’s possession brings the agreed price rule.
These are distinct fact patterns.
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Khiyar al-Shart: Duration, Ownership, Rescission and Stipulated Attributes
Seller’s option:
Title remains with the seller.
If goods perish in the buyer’s possession, the measure is assessed value.
Buyer’s option:
The goods leave the seller’s title; Abu Hanifah and the two disciples differ on the buyer’s title.
Loss or new defect in the buyer’s possession brings the agreed price rule.
These are distinct fact patterns.