What is the ruling regarding the buyer's utilization or use of the purchased item during the option period?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
There are two narrations from Imam Ahmad regarding the buyer's use of the item. One narration states that the option is not voided by use such as the female slave washing the buyer's head, massaging his leg, grinding flour, or baking bread, unless the use reaches a level that is impermissible for anyone else. Another narration, attributed to a report by Harba, suggests that use voids the option because it is a benefit derived from the item, similar to touching with desire. A balanced view suggests that use intended for testing the item does not void the option (like riding a beast to test its gait), whereas use not intended for testing (like riding for necessity) voids it.
Supporting text
Abu Al-Saqr narrated that Imam Ahmad said the option is voided if the slave combs the buyer, dyes her hair, or trims her hair, because the buyer has taken possession ('placed his hand upon it'). Furthermore, it is stated that if the female slave accepts a kiss from the buyer, the option is not voided according to this view, unlike the opinion of Abu Hanifa, who holds that if she accepts a kiss out of desire, the option is voided as it is enjoyment exclusive to ownership.