Hadith Text & Context

"Two traders have the choice as long as they have not separated, and if they are truthful and disclose (any defects), they will be blessed in their transaction, but if they lie and conceal (defects), the blessing of their transaction will be eliminated." (Sunan an-Nasa'i 4481)

This narration from The Book of Financial Transactions in Sunan an-Nasa'i establishes the Islamic legal principle of Khiyar al-Majlis (option of session), granting both parties in a commercial transaction the right to rescind the agreement before physically separating from the place of negotiation.

Scholarly Commentary (Tafsir)

According to classical scholars like Imam Nawawi, this hadith contains two fundamental rulings. First, the option while in session is a divinely granted right to prevent haste and regret, allowing either buyer or seller to reconsider until their meeting concludes. This separation is interpreted by the Hanafi school as physical departure, while Shafi'i scholars include the conclusion of discussion.

Second, the condition of truthfulness and full disclosure forms the ethical foundation of Islamic commerce. Concealing defects (ghish) constitutes fraud, which the Prophet ﷺ explicitly forbade. The "blessing" (barakah) refers to both spiritual reward and tangible benefit - the transaction will prove satisfactory and profitable in worldly terms, free from disputes and litigation.

Ibn Hajar al-Asqalani explains that the threefold confirmation mentioned in some versions signifies the importance of clarity in contractual terms, ensuring mutual understanding and preventing future disagreements. This reflects Islam's comprehensive approach to protecting rights in commercial interactions.

Legal Implications & Application

The ruling applies to all sales contracts, emphasizing that consent must be free from coercion or misunderstanding. Modern applications include: right of withdrawal in distance selling, cooling-off periods, and full disclosure requirements in commercial law.

Maliki jurists particularly stress that this option persists even after price payment until separation occurs. The wisdom behind this ruling is to provide a natural safeguard against impulsive decisions and ensure fairness in market transactions, aligning with the Quranic principle: "O you who believe, do not consume your property among yourselves unjustly, but let there be trade by mutual consent." (Quran 4:29)