What is the ruling if one party suggests to the other, 'Choose' (Ikhtar)?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
If one says to his counterpart, 'Choose,' and the other remains silent, the silent party retains his option because nothing was done by him to nullify it. The preferred view is that the option of the silent party is *not* nullified because he was offered the option but did not exercise it; this is like granting an option to one's wife who does not accept it. Furthermore, the option is inherent to both parties, so offering it is a form of nullification, which did not occur.
Supporting text
One view holds that the option of the one who spoke is nullified because he ceded his possessed option to his counterpart, which is supported by the narration that the two parties have the option until they separate or one says to the other, 'Choose.' Another view suggests his option is nullified because he made the choice available to the other, thus relinquishing his own.