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

Hadith Reference: Sunan an-Nasa'i 4474

Hadith Text

"Nafi narrated to us from Ibn 'Umar, who said: 'The Messenger of Allah said: There is no transaction between the two parties until they separate, unless they have chosen to conclude the transaction.'"

Scholarly Commentary

This noble hadith establishes a fundamental principle in Islamic commercial law known as "Khiyar al-Majlis" (Option of Session). The wisdom behind this ruling is to protect both buyer and seller from hasty decisions and potential regret.

The separation referred to here means physical departure from the place of transaction or the conclusion of the meeting. This gives each party time for reflection and prevents coercion or rushed agreements.

The exception "unless they have chosen to conclude the transaction" indicates that if both parties explicitly agree to finalize the deal during the session, it becomes binding. This reflects Islam's balance between protecting rights and facilitating commerce.

Classical scholars like Imam al-Nawawi explained that this ruling applies to all sales contracts unless specified otherwise, serving as a mercy from Allah to prevent disputes and ensure mutual consent in financial matters.