The Prophet (ﷺ) said, "The buyer and the seller have the option of canceling or confirming the deal unless they separate."
The Principle of Khiyar al-Majlis
This hadith establishes the legal principle known as "Khiyar al-Majlis" (Option of Session) in Islamic commercial law. The session refers to the period during which the buyer and seller are physically present together negotiating the transaction.
The wisdom behind this ruling is to protect both parties from haste and potential regret, allowing them to reconsider their agreement while still in each other's presence. This prevents disputes and ensures mutual consent in commercial transactions.
Conditions for Option Validity
The option remains valid as long as the parties have not separated from the place of transaction, whether that separation is physical or through the conclusion of their business discussion.
Separation can occur through physical departure from the negotiation venue or through clear indication that the business discussion has concluded. Once separation occurs, the contract becomes binding and cannot be annulled arbitrarily.
Scholarly Interpretations
Imam al-Shafi'i and Imam Ahmad held that the option remains until the parties physically separate. The Hanafi school maintains that separation occurs when they conclude their business discussion, even if physically present.
The majority of scholars consider this option to be Sunnah (recommended) rather than obligatory, meaning parties can waive this right if they choose. However, exercising this option is considered prudent in avoiding future disputes.
Practical Application
This ruling applies to all sales contracts unless specified otherwise. Modern applications include ensuring both parties have adequate time to review terms in complex transactions.
The principle emphasizes the importance of mutual consent and careful consideration in business dealings, reflecting Islam's comprehensive approach to justice in commercial affairs.