The Book on Business - Jami' at-Tirmidhi

Hadith Reference: Jami` at-Tirmidhi 1247

Hadith Text

From his father, from his grandfather, that the Messenger of Allah (ﷺ) said: "Both the buyer and the seller retain the option as long as they did not separate, unless they agreed to making it optional. And it is not lawful for him to separate from his companion, fearing that he will change his mind."

[Abu 'Eisa said:] This Hadith is Hasan and this means separating from him after the sale, fearing that he will change his mind. And if the separation referred to speech, and there was no option left for him after the sale, then this Hadith would be meaningless, since he (ﷺ) said: "And it is not lawful for him to separate from his companion, fearing that he will change his mind."

Scholarly Commentary

This noble hadith establishes the principle of "Khiyar al-Majlis" (option of session) in Islamic commercial law. The option remains valid for both parties as long as they remain together in the same gathering where the contract was concluded. This provision protects both buyer and seller from hasty decisions and allows for reconsideration.

The prohibition against separating "fearing that he will change his mind" refers to physical departure from the place of transaction with the intention of preventing the other party from exercising their legitimate right of option. Such action constitutes deception and violates the principles of mutual consent and good faith in Islamic transactions.

Classical scholars interpret "separation" as physical departure from the place of contract, not merely the conclusion of verbal agreement. This understanding preserves the wisdom behind the ruling - to ensure genuine mutual consent in commercial transactions, which is a fundamental condition for validity in Islamic law.