44/9. Chapter:
Sunan an-Nasai 4466 — Mutual Choice in a Sale
Mentioning the Differneces Reported From Nafi
Mutual Choice in an Islamic Sale
Sunan an-Nasai : 4466
Sunan an-NasaiHadith Number 4466
أَخْبَرَنَا عَمْرُو بْنُ عَلِيٍّ، قَالَ حَدَّثَنَا يَحْيَى، عَنْ عُبَيْدِ اللَّهِ، قَالَ حَدَّثَنِي نَافِعٌ، عَنِ ابْنِ عُمَرَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " الْبَيِّعَانِ بِالْخِيَارِ مَا لَمْ يَفْتَرِقَا أَوْ يَكُونَ خِيَارًا " .
'Ubaidullah Narrated from:
Nafi narrated to me from Ibn 'Umar, that the Messenger of Allah said: 'the two parties to a transaction both have the choice so long as they have not separated, or they have chosen. (Sahih)
Reference : Sunan an-Nasa'i 4466In-book reference : Book 44, Hadith 18English translation : Vol. 5, Book 44, Hadith 4471
Summary of Sunan an-Nasai Hadith 4466
This hadith states that the two parties in a transaction have a choice as long as they have not separated, or until they have chosen. Its focus is the shared right of the buyer and the seller. Neither side is described as having the only say. The hadith about khiyar in Islam shows a period in which the agreement can still be considered before the parties part from one another. It also recognizes that a clear choice can bring that open period to an end. This makes mutual consent central to the sale described in the text. A buyer should know that the decision is not merely assumed, and a seller should respect the same choice. Clear agreement helps both people understand whether the deal remains open or has been accepted.
What we learn from this hadith
- The right of choice belongs to both parties.
- The choice continues while buyer and seller have not separated.
- A clear decision can conclude the open choice.
- Both sides should understand whether the sale is still open or accepted.
