The Prophet (ﷺ) said: Both parties in a business transaction have a right to annul it so long as they have not separated unless it is a bargain with the option to annul is attached to it; and it is not permissible for one of them to separate from the other for fear that one may demand that the bargain be rescinded.
Hadith Text
The Prophet (ﷺ) said: Both parties in a business transaction have a right to annul it so long as they have not separated unless it is a bargain with the option to annul is attached to it; and it is not permissible for one of them to separate from the other for fear that one may demand that the bargain be rescinded.
Source Reference
Book: Wages (Kitab Al-Ijarah)
Author: Sunan Abi Dawud
Hadith: Sunan Abi Dawud 3456
Scholarly Commentary
This noble hadith establishes the principle of "Khiyar al-Majlis" (Option of Session) in Islamic commercial law. The separation mentioned refers to physical departure from the place of transaction or conclusion of discussion. The wisdom behind this ruling is to allow both parties reflection time to ensure mutual consent without coercion or haste.
The exception for "bargain with option" refers to stipulated options like Khiyar al-Shart (option by condition). The prohibition against hasty separation prevents denying the other party their legitimate right to reconsideration. This protection of rights demonstrates Islam's comprehensive justice in commercial dealings.
Classical scholars like Imam Nawawi explained that this option exists until parties physically separate or clearly conclude their meeting. Ibn Qudamah emphasized this as a mercy from Allah to prevent regret in transactions. The ruling applies to all sales contracts unless specifically exempted by mutual agreement.
Legal Implications
• Validates rescission of contract before separation
• Establishes default option rights in transactions
• Prohibits denying contractual review rights
• Distinguishes between general and specific options
• Protects against hasty and potentially unfair agreements