The Book of Financial Transactions - Sunan an-Nasa'i 4466

"Nafi narrated to me from Ibn 'Umar, that the Messenger of Allah said: 'The two parties to a transaction both have the choice so long as they have not separated, or they have chosen.'"

Scholarly Commentary

This noble hadith establishes the fundamental principle of khiyar al-majlis (option of session) in Islamic commercial law. The Prophet Muhammad (peace be upon him) grants both buyer and seller the right to rescind the contract while they remain together at the place of transaction.

The phrase "so long as they have not separated" refers to physical separation from the place of bargaining. Classical scholars like Imam Malik and Imam al-Shafi'i interpreted this as separation of bodies from the location where the sale occurred.

The option exists until either: 1) The parties physically depart from the transaction venue, or 2) They explicitly confirm and finalize the agreement. This protection prevents hasty decisions and ensures mutual consent in commercial dealings.

This legal provision reflects Islam's concern for justice in economic matters, preventing coercion and ensuring that commercial transactions are entered into willingly and knowledgeably by all parties involved.