Hadith Text & Context

"I heard Nafi narrating from Ibn 'Umar, from the Messenger of Allah: 'The two parties to a transaction both have the choice so long as they have not separated unless they have chosen to conclude the transaction.' Nafi said: 'When 'Abdullah bought something he liked, he would leave straightaway.'"

Reference: Sunan an-Nasa'i 4473 | Book: The Book of Financial Transactions | Author: Sunan an-Nasa'i

Legal Ruling (Hukm)

This hadith establishes the principle of Khiyar al-Majlis (Option of Session) in Islamic commercial law. Both buyer and seller retain the right to rescind the transaction as long as they remain at the place of transaction and have not physically separated.

The separation referred to here is understood by scholars as physical departure from the place of transaction, or in modern contexts, termination of the meeting whether in person or through communication means.

Practical Application

Ibn 'Umar's practice demonstrates the proper implementation of this ruling. By departing immediately after a purchase, he ensured the transaction became binding and eliminated any ambiguity.

This practice protects both parties from post-transaction regrets and ensures commercial certainty. The wisdom behind this ruling is to prevent disputes that may arise from hasty decisions made during negotiation.

Scholarly Interpretation

Imam al-Nawawi explains that this option exists to allow reconsideration before final commitment, reflecting Islam's concern for justice in financial matters.

The majority of scholars hold that this option applies to all sales unless explicitly waived. The Hanafi school differs slightly, considering the transaction binding immediately upon offer and acceptance.

This ruling emphasizes the importance of clarity and mutual consent in Islamic commercial transactions, ensuring neither party is compelled or deceived.