How is the option affected if one party becomes unable to express themselves or dies during the option period?

Chapter on the Option of the Two Parties in Sale

Al-Mughni

Book of Sales

Book 12 · Issue 5 · Bab 2

Open in Qurani

Primary text

If one party becomes mute, their gesture stands in place of their speech. If the gesture is not understood, or if the person becomes insane or unconscious, their guardian (father, custodian, or the judge) acts in their place. This is the Madhhab of Imam al-Shafi'i. If one dies, the option is nullified because exercising the option has become impossible, and the option is not inherited. The option of the surviving party is also nullified because the option terminates upon separation, and separation by death is the ultimate separation. If the deceased is carried away, the option is nullified because separation has occurred involving both body and soul.

Supporting text

There is an alternative view that the option of the surviving party is not nullified because physical separation has not strictly occurred.