Hadith Text & Context

"Abdullah bin Dinar narrated to us, from Ibn 'Umar, who said: 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 4479)

Legal Ruling (Hukm)

This hadith establishes the principle of Khiyar al-Majlis (Option of Session) in Islamic commercial law. It grants both buyer and seller the right to rescind a transaction as long as they remain together at the place of sale.

The separation mentioned refers to physical departure from the bargaining session, not merely turning away. Scholars differ whether separation must be actual physical movement or includes verbal termination of negotiations.

Wisdom & Benefits (Hikmah)

This ruling protects parties from hasty decisions and buyer's remorse, allowing time for reconsideration during the negotiation session.

It prevents coercion and rushed agreements, ensuring mutual consent remains intact until parties formally conclude by separation or explicit confirmation.

The exception "unless they have chosen to conclude" shows Islam's flexibility - parties may waive this option if they consciously finalize the deal.

Scholarly Interpretation

Imam al-Shafi'i: Separation means physical departure from the place of bargaining, whether walking away or changing position significantly.

Hanafi School: Emphasizes the option remains until parties explicitly confirm the sale or physically separate from the bargaining venue.

Maliki School: Focuses on the intention to conclude - mere silence doesn't constitute acceptance until clear confirmation occurs.

Contemporary Application

Modern transactions: This principle applies to electronic commerce where "separation" may mean closing the negotiation window or ending the communication session.

Business contracts: Parties should explicitly state when they consider the transaction binding to avoid ambiguity under this Islamic legal principle.