Articles destroyed

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Business and Financial

Question ID: 28722

If the buyer specifies the condition of option upon himself, then will this remove the article from the seller ownership?
If the article is destroyed in the hands of the buyer in the condition that he placed the condition of option, who then is responsible for this destroyed article?

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Asked on May 21, 2008 12:00 am

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Private answer

The buyers’ placing the option does not prevent the article coming out of the sellers’ ownership. However, according to Imaam Abu Hanifa (rahmatullahi alaih) the buyer does not become the owner of the article. Saahibain [Imaams Abu Yusuf and Muhammad (rahmatullahi alaihima)] say that the buyer now owns the article (Kitaabul Buyoo).
The responsibility is the buyers and the article is destroyed with its value. This means that the buyer must fulfill to the seller the agreed price of sale (Kitaabul Buyoo).

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Answered on May 21, 2008 12:00 am