"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
"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 4478)
This hadith from The Book of Financial Transactions in Sunan an-Nasa'i addresses the fundamental principle of khiyar al-majlis (option of session) in Islamic commercial law.
Legal Interpretation (Fiqh)
The scholars explain that this hadith establishes that both buyer and seller retain the right to rescind a sale during their meeting session. This option remains valid as long as they have not physically separated from the place of transaction.
The exception "unless they have chosen to conclude the transaction" means if both parties explicitly waive this option and confirm the sale is final, it becomes binding immediately.
Wisdom & Benefits
This ruling protects parties from hasty decisions and potential regret in commercial dealings, allowing time for reflection before final commitment.
It prevents disputes by providing a clear timeframe for transaction finalization and encourages careful consideration in business matters.
Scholarly Consensus
The majority of classical scholars, including Imam Abu Hanifah, Imam Shafi'i, and Imam Ahmad, upheld this option based on this authentic hadith.
The Maliki school holds a different view, considering transactions binding immediately upon offer and acceptance, though they acknowledge the strength of this narration.