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Text and translation
English translation
1245. Nāfi' narrated from Ibn 'Umar, that the Messenger of Allāh ﷺ said: "Both the buyer and the seller retain the option as long as they have not separated or they give each other the option."
He (Nāfi') said: "So when Ibn 'Umar purchased something while he was sitting, he would stand to complete the sale." (Ṣaḥīḥ)
[Abū 'Eisā said:] There are narrations on this topic from Abū Barzah, [Ḥakīm bin Hizām], 'Abdullāh bin 'Amr, Samurah, Abū Hurairah, and 'Abdullāh bin 'Abbās.
Abū 'Eisā said: The Ḥadīth of Ibn 'Umar is a Ḥasan Ṣaḥīḥ Ḥadīth. This is acted upon according to some of the people of knowledge among the Companions of the Prophet ﷺ and others. It is the view of Ash-Shāfi'i, Aḥmad, and Ishāq, they said: "The separation means parting, not in speech."
Some of the people of knowledge held the view that the saying of the Prophet ﷺ: "As long as they have not separated" means making a separation in speech.[1] But the
first view is more correct, because Ibn 'Umar – who narrated it from the Messenger of Allāh ﷺ – is more knowledgeable about the meaning of what he narrated, and it is reported that when he wanted to conclude a sale, he would walk away to conclude it.
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Footnotes
1
[1] Meaning when the seller says: "Sold" or the buyer says something similar.
Commentary
A bargain is not considered complete until the consent is given from both sides. There is the possibility of cancellation until the bargain is finished and agreed upon by both the parties. After giving the consent both the parties keep the right of cancellation of the deal as long as they are present at the place where the deal is taking place but if one of the parties, or both of them, left the place, they loose the right of cancellation and the deal is sealed.
