Is a transaction concerning a good under the option to revoke (Khiyar) valid if the transaction transfers ownership?

Chapter on the Option of the Two Parties in Sale

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 2

Open in Qurani

Primary text

A transaction by either the seller or the buyer concerning the sold item during the option period, which transfers ownership (such as sale, gift, or endowment), or binds it (such as lease, marriage, mortgage, or writing), is invalid. The sole exception is manumission (Ataq). This ruling applies whether the action is performed by the seller or the buyer. The seller's action is invalid because they are transacting in something that is not their property. The buyer's action is invalid because it nullifies the seller's right to the option and the right to reclaim the good. This is analogous to a transaction involving a mortgaged item.

Supporting text

If the option belongs exclusively to the buyer, their transaction is valid, and their option is nullified, as there is no right belonging to another party concerning that property. Furthermore, the existence of an option for the buyer does not prevent them from disposing of the item, similar to a defective item.