Allah's Messenger (ﷺ) said, "Both the buyer and the seller have the option of canceling or confirming the bargain, as long as they are still together; and unless they separate or one of them gives the other the option of keeping or returning the things and a decision is concluded then, in which case the bargain is considered final. If they separate after the bargain and none of them has rejected it, then the bargain is rendered final."
Hadith Commentary: Khiyār al-Majlis (Option of Session)
This noble hadith from Sahih al-Bukhari 2112 establishes the fundamental principle of "Khiyār al-Majlis" (option while in session) in Islamic commercial law. The Prophet (ﷺ) grants both transacting parties the right to retract from a sale as long as they remain together in their meeting place, providing crucial protection against hasty decisions and potential disputes.
Legal Conditions and Implications
Separation (Tafarruq) constitutes the defining moment when the option expires. Classical scholars differ on what constitutes separation - some consider physical departure from the meeting place, while others include cessation of negotiation dialogue.
The option applies equally to buyer and seller, reflecting Islam's commitment to justice in transactions. Neither party is bound until they voluntarily conclude the agreement or separate without objection.
Wisdom Behind the Legislation
This ruling prevents rash decisions made under pressure during negotiations. It allows reflection on the transaction's terms and conditions, ensuring mutual consent free from coercion or misunderstanding.
The provision protects against gharar (excessive uncertainty) by giving parties time to verify the commodity's condition, price fairness, and contractual terms before final commitment.
Practical Application in Modern Commerce
In contemporary transactions, this principle can be applied to online sales through the concept of "cooling-off periods" before order processing. For in-person deals, it emphasizes the importance of not rushing to conclude agreements without proper consideration.
Scholars extend this wisdom to all contractual agreements, encouraging clear communication and mutual satisfaction before finalizing any business arrangement.