"The Messenger of Allah said: 'When two people meet to engage in trade, the transaction between them is not binding until they separate, unless they have chosen to conclude the transaction.,'"
Hadith Text & Context
"The Messenger of Allah said: 'When two people meet to engage in trade, the transaction between them is not binding until they separate, unless they have chosen to conclude the transaction.'" (Sunan an-Nasa'i 4475)
This hadith from The Book of Financial Transactions addresses the fundamental principle of khiyar al-majlis (option of the session) in Islamic commercial law, establishing crucial protections for both buyers and sellers.
Legal Ruling (Hukm) Explained
The scholars unanimously agree this hadith establishes that both parties in a commercial transaction retain the right to rescind the agreement as long as they remain together at the place of transaction. This option expires upon physical separation.
The exception "unless they have chosen to conclude the transaction" means if both parties explicitly waive this option and confirm the sale is final, the transaction becomes binding immediately.
Wisdom & Benefits (Hikmah)
This ruling prevents hasty decisions and protects against regret, allowing reflection on the transaction's terms and conditions. It ensures mutual consent is genuine and deliberate.
The provision maintains commercial fairness by preventing coercion or pressure tactics, as either party can withdraw before leaving the negotiation setting.
Application in Modern Transactions
In contemporary commerce, this principle applies to in-person deals, though scholars differ on digital transactions. The majority consider electronic confirmations as equivalent to separation.
The wisdom extends to ensuring clear communication and mutual understanding in all business dealings, reflecting Islam's comprehensive approach to justice in financial matters.