The Prophet (ﷺ) said, "No deal is settled and finalized unless the buyer and the seller separate, except if the deal is optional (whereby the validity of the bargain depends on the stipulations agreed upon).
Hadith Text and Context
The Prophet (ﷺ) said, "No deal is settled and finalized unless the buyer and the seller separate, except if the deal is optional (whereby the validity of the bargain depends on the stipulations agreed upon)."
This hadith is recorded in Sahih al-Bukhari, Book of Sales and Trade, Hadith number 2113, and establishes a fundamental principle in Islamic commercial law regarding contract finality.
Core Legal Principle (Khiyar al-Majlis)
This narration establishes the legal concept of "Khiyar al-Majlis" (Option of Session), meaning both parties retain the right to rescind a sale as long as they remain together at the place of transaction without physical separation.
Separation here is interpreted by scholars as either physical departure from the transaction venue or clear indication through words or actions that both parties consider the deal concluded.
Exception for Conditional Sales
The exception mentioned ("except if the deal is optional") refers to "Khiyar al-Shart" (Option by Stipulation), where parties explicitly agree to specific conditions that extend the option period beyond mere physical separation.
Such conditions might include allowing inspection periods, third-party approvals, or other mutually agreed terms that delay finalization despite physical separation.
Scholarly Interpretation
Imam al-Bukhari placed this hadith under "Chapter on When Buyer and Seller Separate" emphasizing its legal weight in determining contract bindingness.
Classical scholars like Ibn Hajar al-Asqalani explain this prevents hasty transactions and allows reconsideration, aligning with Islam's emphasis on mutual consent and protection from regret in financial matters.
The Hanafi school interprets separation broadly to include conversation shift from business to other matters, while Maliki scholars emphasize physical departure from the transaction location.
Contemporary Application
This ruling applies to modern transactions including electronic commerce, where "separation" may be interpreted as ending the communication session or closing the transaction window.
The principle protects consumers and merchants alike by providing a natural cooling-off period during the negotiation phase before commitments become legally binding.