Does the option of the meeting place remain if the sold commodity perishes during the option period?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
If the commodity perishes before acceptance of delivery (Qabd), and it is a measured or weighed item, the sale is annulled, and the loss falls upon the seller; there is no known difference of opinion on this, unless the buyer caused the destruction, in which case the loss is borne by him, and his option is nullified. For the seller's option in this scenario, there are two narrations from Ahmad. If the item is not measured or weighed, and the seller did not prevent the buyer from taking possession, the apparent Madhhab is that it is at the buyer's risk, treated as if it perished after delivery. If the commodity perishes after delivery during the option period, it is at the buyer's risk, and his option is nullified.
Supporting text
Regarding the seller's option when the commodity perishes after delivery, one narration states it is nullified, as it is an option of dissolution (Faskh), and it ceases upon the destruction of the commodity, like the option to return due to defect if the defective item perishes. The second narration states it is not nullified, and the seller may dissolve the contract and claim the price from the buyer, supported by the Hadith 'The two contracting parties have the option until they separate.' The option of the meeting place and the condition option (Khiyar al-Shart) are treated equally in all these cases.