"When two men enter into a transaction, each of them has the choice until they separate." On one occasion he said: "So long as they have not separated and one has not told the other to decide. If one tells the other to decide and they agree upon something, then the transaction is binding. If they separate after entering into a transaction and neither of them has canceled the transaction, then the transaction is binding." (Sahih )
The Book of Financial Transactions - Sunan an-Nasa'i
Hadith Reference: Sunan an-Nasa'i 4472
Hadith Text
"When two men enter into a transaction, each of them has the choice until they separate." On one occasion he said: "So long as they have not separated and one has not told the other to decide. If one tells the other to decide and they agree upon something, then the transaction is binding. If they separate after entering into a transaction and neither of them has canceled the transaction, then the transaction is binding." (Sahih)
Scholarly Commentary
This noble hadith establishes the principle of khiyar al-majlis (option of session) in Islamic commercial law. The scholars explain that when two parties engage in a business transaction, both maintain the right to rescind the agreement as long as they remain in the same gathering where the offer and acceptance occurred.
The separation mentioned refers to physical departure from the place of transaction or conclusion of the meeting. The second portion clarifies that if one party delegates decision-making authority to the other, and mutual agreement is reached, the contract becomes irrevocable. Furthermore, if parties separate without explicitly canceling the transaction, it becomes binding according to the majority of jurists.
This legal protection prevents haste in commercial dealings and ensures genuine mutual consent, which is a fundamental condition for valid transactions in Shariah. The wisdom behind this ruling is to provide a cooling-off period and prevent regret from impulsive decisions.
Legal Implications
This hadith forms the basis for numerous commercial regulations in Islamic jurisprudence. It applies to various transactions including sales, partnerships, and leases. The option remains valid until parties physically separate or clearly conclude their meeting.
Modern applications include ensuring this right is preserved in contemporary business practices, whether conducted in person or through electronic means where "separation" may be interpreted as ending the communication session.