Does a transaction by the buyer or seller, with the consent of the other party, validate the sale and terminate their option to revoke?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
If the buyer transacts with the seller's permission, or the seller transacts through the buyer's agency (as a proxy/agent), the transaction is valid and their options (Khiyar) are terminated. This is because such action signifies mutual consent to proceed with the sale, thereby cutting off the option, just as if they had mutually agreed to finalize the sale. The transaction is valid because the termination of the option occurred through permission regarding the sale, making the final sale effective after the option has ceased.
Supporting text
If the seller transacts with the buyer's permission, it might be valid because this indicates a mutual rescission of the sale or a reclaiming of the sold item, making the seller's subsequent transaction valid after reclaiming ownership. Alternatively, it might be invalid because the seller does not require the buyer's permission to reclaim the item, rendering the action equivalent to a transaction without the buyer's permission, which we have established as invalid.