Zayd sells a device to Bakr for Rs 15,000, with a two-day option for Bakr.
1. The duration is definite and within Abu Hanifah’s ceiling.
2. Because the buyer has the option, the classical disagreement on ownership applies.
3. If Bakr affirms within time, that affirmation ends the option.
4. If the device perishes in Bakr’s possession, apply the contract-price rule.
These are separate legal aspects of a single transaction.
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Khiyar al-Shart: Duration, Ownership, Rescission and Stipulated Attributes
Zayd sells a device to Bakr for Rs 15,000, with a two-day option for Bakr.
1. The duration is definite and within Abu Hanifah’s ceiling.
2. Because the buyer has the option, the classical disagreement on ownership applies.
3. If Bakr affirms within time, that affirmation ends the option.
4. If the device perishes in Bakr’s possession, apply the contract-price rule.
These are separate legal aspects of a single transaction.