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Text and translation
English translation
1247. ‘Amr bin Shu‘aib narrated from his father, from his grandfather, that the Messenger of Allāh 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.” (Hasan)
[Abū ‘Eisā said:] This Hadīth 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 Hadīth 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.”
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Commentary
Here “Iqālah” means the appeal for the cancellation of deal. Here it does not mean the demand of return of goods purchased after the deal is complete, because the return of purchased things is possible even after the separation, with consent of the two parties. One party does not have the choice alone.
