The Prophet (ﷺ) said, "Both the buyer and the seller have the option of canceling or confirming the bargain unless they separate." The sub-narrator, Hammam said, "I found this in my book: 'Both the buyer and the seller give the option of either confirming or canceling the bargain three times, and if they speak the truth and mention the defects, then their bargain will be blessed, and if they tell lies and conceal the defects, they might gain some financial gain but they will deprive their sale of (Allah's) blessings."
The Option of Cancellation (Khiyar al-Majlis)
This hadith establishes the fundamental principle of "Khiyar al-Majlis" (the option while in session) in Islamic commercial law. The buyer and seller retain the right to rescind the transaction as long as they remain at the place of bargaining and have not physically separated. This separation can be through departure or by turning away from the business at hand.
This ruling provides a crucial safety mechanism, preventing hasty decisions and allowing parties to reconsider terms before the contract becomes binding. It reflects the Shariah's concern for mutual consent and the removal of ambiguity (gharar) from transactions.
The Ethic of Truthfulness in Trade
Hammam's addition reveals the profound spiritual dimension of commerce. The blessing (barakah) in one's wealth is directly tied to honesty. When defects are disclosed truthfully, Allah blesses the transaction, which often manifests as benefit and contentment beyond mere monetary value.
Concealing faults may bring temporary worldly gain but severs the transaction from divine blessing. Such wealth often brings no real benefit, leads to disputes, or diminishes rapidly. The Prophet ﷺ said: "The truthful, trustworthy merchant will be with the prophets, the truthful, and the martyrs" (Tirmidhi).
Legal and Moral Implications
Scholars differ on whether Khiyar al-Majlis remains after separation, with the Hanafi school maintaining it does not, while others suggest it persists until actual departure. However, all agree on the obligation of disclosure.
Concealing known defects constitutes ghish (fraudulent deception), which the Prophet ﷺ strongly condemned. The seller must disclose what they would want disclosed if they were the buyer. This principle elevates business from mere profit-seeking to an act of worship when conducted with piety.