Allah's Messenger (ﷺ) said, "The seller and the buyer have the option of canceling or confirming the deal unless they separate, or one of them says to the other, 'Choose (i.e. decide to cancel or confirm the bargain now)." Perhaps he said, 'Or if it is an optional sale.' " Ibn `Umar, Shuraih, Ash-Shu`bi, Tawus, Ata, and Ibn Abu Mulaika agree upon this judgment.
The Option of Session (Khiyār al-Majlis)
This hadith establishes the principle of "Khiyār al-Majlis" - the option available to both buyer and seller during the bargaining session. The transaction remains conditional until the parties physically separate from the place of bargaining or explicitly conclude the deal.
The wisdom behind this ruling protects both parties from haste and potential regret, allowing reconsideration before the contract becomes binding. This reflects Islamic law's emphasis on mutual consent and prevention of disputes in commercial transactions.
Conditions for Contract Finalization
Separation from the place of bargaining constitutes the primary condition for contract finalization. This includes physical departure or clear indication that the bargaining session has ended.
Explicit verbal confirmation such as "I choose to confirm" or similar unambiguous statements also finalize the contract, removing the option of cancellation.
The mention of "optional sale" refers to specific conditions parties may set, such as time-limited options or conditional agreements, which Islamic jurisprudence elaborates in detail.
Scholarly Consensus and Application
The narration concludes by mentioning the agreement of seven prominent successors (Tābi'īn) including Ibn Umar and Shuraih - indicating early scholarly consensus on this ruling.
This principle applies to all sales contracts unless specified otherwise, demonstrating Islam's comprehensive commercial regulations designed to ensure fairness and transparency in business dealings.
Modern applications include electronic transactions where "separation" may be interpreted as ending the communication session or closing the negotiation platform.