Hadith Text and Context

"Both the buyer and the seller have the option of canceling or confirming a bargain unless they separate, or the sale is optional." (Sahih al-Bukhari 2111)

This hadith from the Book of Sales and Trade establishes the fundamental principle of khiyar al-majlis (option of session) in Islamic commercial transactions.

Meaning and Explanation

The phrase "unless they separate" refers to physical separation from the place of transaction. As long as both parties remain together at the bargaining location, either may rescind the contract.

"Or the sale is optional" indicates an exception where parties explicitly agree to a specific option period, which then supersedes the default option of session.

This ruling protects both parties from hasty decisions and ensures mutual consent is fully established before the contract becomes binding.

Legal Implications

The option period lasts until parties physically depart from the bargaining venue, even if they have verbally agreed to terms.

This provision prevents coercion and rushed decisions, allowing reflection on the transaction's fairness.

Scholars differ on what constitutes "separation"—some consider it physical departure, while others include turning away from discussion.

Practical Application

Merchants should ensure both parties understand this right of rescission to avoid disputes.

If immediate finality is desired, parties should explicitly state the contract is binding immediately.

This ruling demonstrates Islam's concern for justice and removing ambiguity from commercial dealings.