Does the buyer's disposition of the purchased item during the option period void their right of option?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
The buyer's right of option is voided by any disposition of the item that belongs exclusively to ownership, such as freeing a slave, writing a deed for them, selling, gifting, having intercourse with a female slave, touching her with desire, dedicating the item as a waqf (endowment), riding a beast for necessity or travel, loading it, inhabiting a house, demolishing it, harvesting crops, or cutting from them. Such actions constitute consent (*rida*) to the sale, which voids the option either explicitly or implicitly. This view is held by the schools of Abu Hanifa and Al-Shafi'i. Evidence includes the Prophet Muhammad (peace be upon him) telling a woman whose option was contingent upon non-consummation, "If he has intercourse with you, you have no option."
Supporting text
Actions performed for testing the item, such as riding a beast to ascertain its gait, grinding grain to determine the grinding capacity, or milking a sheep to know its yield, do not constitute consent and do not void the option, as this testing is the purpose of the option. Abu Al-Khattab narrated an alternative view that the buyer's disposition does not void the option unless there is explicit consent to the sale.