The Book of Financial Transactions - Sunan an-Nasa'i 4480

"Two traders have the choice as long as they have not separated, or, they have chosen to conclude the transaction."

Commentary on the Hadith

This noble hadith establishes the principle of khiyar al-majlis (option of session) in Islamic commercial law. It grants both parties in a transaction the right to retract until they physically separate from the place of negotiation or explicitly finalize the agreement.

The wisdom behind this ruling protects traders from hasty decisions and potential regret. It allows for reflection and ensures mutual consent is genuine and deliberate, not merely impulsive. This safeguards the Islamic requirement of mutual satisfaction (taradin) in transactions.

Separation is understood by scholars as physical departure from the place of bargaining, or the clear verbal conclusion of the deal. This option prevents disputes and ensures commercial interactions are founded upon transparency and free consent, in accordance with the Quranic prohibition of devouring property wrongfully.

Legal Implications

This hadith forms the basis for the validity of sales contracts in Islamic jurisprudence. A transaction is not considered binding until the parties either depart or explicitly confirm their agreement.

Scholars differ on whether separation must be physical or can include turning away from the discussion. The majority hold that physical separation is required, while some consider a clear change in subject or intention sufficient to conclude the option period.