"The Messenger of Allah said: "The two parties to a transaction both have the choice who long as they have not separated or one of them says to the other: 'Decide!"' (Sahih )
The Book of Financial Transactions - Sunan an-Nasa'i 4469
This authentic hadith from the Prophet Muhammad (peace be upon him) establishes the fundamental principle of khiyar al-majlis (option of session) in Islamic commercial law.
Legal Analysis
The scholars explain that "separation" refers to physical departure from the place of transaction or conclusion of verbal exchange. This option protects both buyer and seller from rushed decisions.
The phrase "Decide!" constitutes an explicit waiver of this right, making the transaction binding immediately. Classical jurists differed on whether physical separation or verbal conclusion determines the end of the option period.
Scholarly Commentary
Imam al-Nawawi states this hadith demonstrates Islam's concern for justice in transactions, preventing regret from hasty agreements.
Ibn Qudamah explains this option exists until parties clearly indicate satisfaction with terms, reflecting the Shari'ah's emphasis on mutual consent in financial matters.
Al-Shafi'i ruled that mere silence after offer and acceptance doesn't bind the parties - explicit confirmation or continuation of session is required.