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

Hadith Reference: Sunan an-Nasa'i 4470

Hadith Text

"The Messenger of Allah said: 'The two parties to a transaction both have the choice so long as they have not separated or chosen to conclude the transaction." Or perhaps Nafi said: "Or one of them has said to the other: 'Decide!'" (Sahih)

Scholarly Commentary

This noble hadith establishes the fundamental principle of khiyar al-majlis (option of session) in Islamic commercial law. The scholars explain that both buyer and seller retain the right to rescind the transaction as long as they remain together at the place of contract.

Imam al-Nawawi states in his commentary that this option exists until the parties physically separate from one another, even if they have verbally agreed. This protection prevents haste and ensures mutual consent in commercial dealings.

The alternative wording mentioning "Decide!" indicates that explicit confirmation also terminates the option period. This reflects the wisdom of Islamic law in balancing commercial freedom with contractual certainty.

This ruling applies to all valid sales contracts and serves as a mercy from Allah to prevent disputes and ensure fairness in business transactions among Muslims.