That the Messenger of Allah (ﷺ) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."
And this is a Sahih Hadith.
This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (ﷺ) said: 'The buyer and the seller retain the choice as long as they did not separate.'"
Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (ﷺ) is Sahih, and it strenghtens this view.
And the meaning of the saying of the Prophet (ﷺ): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (ﷺ).
The Book on Business - Jami' at-Tirmidhi
Hadith Reference: Jami` at-Tirmidhi 1246
Hadith Text
The Messenger of Allah (ﷺ) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."
Scholarly Commentary
This noble hadith establishes the principle of khiyar al-majlis (option of session) in Islamic commercial law, meaning both parties maintain the right to rescind a sale as long as they remain together in the same gathering.
The condition of "separation" has been interpreted differently among scholars. The people of Kufah, including Imam Sufyan al-Thawri, held that separation refers to the conclusion of verbal negotiations. However, the stronger position supported by the practice of the Companions is that separation means physical departure from the place of transaction.
The hadith emphasizes the importance of transparency in business transactions. Truthfulness and full disclosure of defects bring divine blessings (barakah), while concealment and falsehood deprive the transaction of spiritual benefit, even if it remains legally valid.
The exception for "optional sale" (khiyar al-shart) refers to when parties explicitly stipulate additional options beyond the default option of session. Once such stipulated conditions are fulfilled or waived, the right to rescind expires even if the parties remain together.
Practical Application
This ruling provides a grace period for buyers and sellers to reconsider their transaction, preventing hasty decisions and potential disputes. The historical incident with Abu Barzah al-Aslami demonstrates how the Companions applied this principle in actual cases, even during travel.
Scholars like Imam Malik and Abdullah ibn al-Mubarak affirmed the strength of this hadith and its legal implications, showing the consensus among early jurists regarding its authenticity and application in commercial law.