The Book of Financial Transactions - Sunan an-Nasa'i 4477

"When two people meet to engage in trade, the transaction between them is not binding until they separate, unless they have chosen to concluded the transaction."

Commentary on the Hadith

This noble hadith establishes a fundamental principle in Islamic commercial law regarding the conclusion of sales contracts. The separation mentioned refers to physical departure from the place of negotiation, providing a period for reflection and preventing hasty decisions that may lead to regret.

The exception "unless they have chosen to conclude the transaction" indicates that if both parties explicitly agree to finalize the deal during their meeting, it becomes binding immediately. This demonstrates Islam's balance between protecting parties from rash decisions while respecting their conscious choice.

Scholars interpret this as granting an option period (khiyar al-majlis) that lasts until the parties separate. This wisdom prevents gharar (uncertainty) and protects both buyer and seller from potential disputes arising from impulsive commercial decisions made under negotiation pressure.

Legal Implications

This ruling applies to all voluntary commercial transactions and serves as a protective measure in business dealings. The option to rescind remains available to either party until they physically separate from the negotiation venue.

Modern applications include: electronic transactions where "separation" may be interpreted as ending the communication session, and complex contracts where parties need time to review terms thoroughly before final commitment.