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Does the option of defect or sight lapse if the option holder becomes insane?

1 min readAlso available in العربية

The option of defect is not forfeited by insanity because it is an incumbent right pertaining specifically to the object of sale, thus it transfers to the guardian of the insane person to act on their behalf. The same applies to the option of sight. Al-Mawardi mentioned in Al-Hawi that every option that is not terminated by insanity is not terminated by death, such as the option of defect. This is because the option is among the rights of ownership, not among the rights of the contract, so it transfers with the transfer of ownership to the heir.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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