The Book of Financial Transactions - Sunan an-Nasa'i 4476

"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."

Commentary on the Hadith

This noble hadith establishes a fundamental principle in Islamic commercial law regarding the option of session (khiyār al-majlis). The scholars explain that when two parties negotiate a sale, they retain the right to retract from the transaction as long as they remain in the same gathering where the offer and acceptance occurred.

The wisdom behind this ruling is to protect both buyer and seller from hasty decisions and to allow proper reflection before finalizing contractual obligations. This prevents regret and potential disputes that may arise from impulsive commercial engagements.

The exception "unless they have chosen to conclude the transaction" indicates that parties may voluntarily waive this option and make the sale immediately binding through explicit agreement. This reflects Islam's balance between protective measures and respect for contractual freedom.

Legal Implications

According to the majority of scholars including Shafi'i and Hanbali schools, this option remains valid until physical separation or clear termination of the meeting. The Hanafi school holds that acceptance immediately binds the contract unless specified otherwise.

This ruling applies to various transactions including sales, leases, and partnerships. It demonstrates Islam's comprehensive concern for justice in economic affairs and protection against exploitation through rushed agreements.