Pool question about 9 ball?

Question

If you and your other table mate are down to the 5 ball and 9 ball, and he shoots INTENTIONALLY at the 9 ball and knocks it in, of course it is your turn and have to shoot the 5 ball in to win.

But if YOU MISS, he is at right to shoot the 5 in and win, RIGHT?

Answer 1

he must pocket the 5ball then the 9ball to win

Answer 2

You would get the ball in hand

Answer 3

In that situation, after he pockets the 9 ball it gets spotted on the footspot and you would get ball in hand.  You can't loose by shooting the 9 ball in early, and it wouldn't stay down always spotted.