"The two parties to a transaction have the choicer so long as they have not separated, unless they reach an agreement before parting, and it is not permissible to hasten to leave for fear that the other party may change his mind."
The Book of Financial Transactions - Sunan an-Nasa'i 4483
"The two parties to a transaction have the choicer so long as they have not separated, unless they reach an agreement before parting, and it is not permissible to hasten to leave for fear that the other party may change his mind."
Commentary on the Hadith
This noble 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 in their meeting place, unless they explicitly confirm the agreement before separation.
The wisdom behind this ruling protects parties from hasty decisions and ensures mutual consent in transactions. The prohibition against hastening departure reflects the importance of giving proper consideration to commercial agreements, preventing one party from forcing completion through psychological pressure.
Classical scholars like Imam al-Nawawi explained that separation is determined by physical departure or turning away from business discussion. This option exists even if the price has been paid and goods received, emphasizing Islam's concern for justice in all financial dealings.
Legal Implications
This hadith forms the foundation for contract revocation rights during negotiation sessions. Modern applications include ensuring cooling-off periods in significant purchases and protecting consumers in door-to-door sales.
The ruling demonstrates Islam's balanced approach to commerce - protecting both parties' interests while encouraging ethical business practices and thoughtful decision-making in financial matters.