Hadith Text & Context

"The Messenger of Allah said: 'The two parties to a transaction both have the choice so long as they have not separated, unless they have both chosen to conclude the transaction. If they have both chosen to conclude the transaction, then the transaction is binding." (Sahih)

This noble hadith from Sunan an-Nasa'i 4467 establishes a fundamental principle in Islamic commercial law regarding the option of session (khiyār al-majlis) in financial transactions.

Scholarly Commentary

The phrase "both have the choice" refers to the right of either buyer or seller to rescind the contract during the meeting where negotiation occurred. This option exists regardless of whether the goods have been delivered or payment made.

"So long as they have not separated" means physical separation from the place of transaction or conclusion of their business discussion. The Hanafi school interprets this as actual physical parting, while others include verbal indication that business discussion has ended.

"Unless they have both chosen to conclude the transaction" indicates that if both parties explicitly confirm the agreement before separating, the option is waived and the contract becomes immediately binding.

This ruling protects parties from hasty decisions and ensures mutual consent in commercial dealings, reflecting Islam's emphasis on justice and transparency in The Book of Financial Transactions.

Legal Implications

This hadith forms the basis for the Islamic legal principle of "option of session" (khiyār al-majlis), which gives contracting parties the right to cancel a sale before parting ways.

The wisdom behind this ruling includes preventing regret from impulsive decisions, allowing time for reflection on the transaction's terms, and ensuring complete mutual satisfaction in business dealings.

This option applies to all valid sales contracts and demonstrates Islam's comprehensive approach to protecting the rights of all parties in commercial transactions.