1. If the option of selection is vested in the purchaser: a. If one of the things perishes while in the seller's possession, the purchaser shall have the option either to take the other thing at its price or to leave it. However, if both things perish together, the sale shall be void. b. If the perishing occurs after the purchaser has taken possession of the subject matter of the sale and one of the two things perishes while in their possession, the perished thing shall be deemed the subject matter of the sale, and the purchaser shall be bound to pay its price, and the other thing shall be held in trust (Amanah). If both things perish successively, the first to perish shall be deemed to be the subject matter of the sale, and the second to be held in trust. If they perish simultaneously, the purchaser shall be bound to pay the price of one-half of each. 2. If the option of selection is vested in the seller: a. If one of the two things perishes, whether before or after taking possession, the seller shall have the option either to bind the purchaser to the remaining thing or to rescind the contract. However, if both things perish before taking possession, the contract shall be void. b. If the two things perish successively after taking possession, the first to perish shall be deemed to be held in trust and the second to be the subject matter of the sale. If they perish simultaneously, the purchaser shall be bound to pay the price of one-half of each.
Interpretation and application must be checked against the official text and current version.
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