44/9. Chapter:
Sunan an-Nasai 4471 — Transaction Choice Before Separation
Mentioning the Differneces Reported From Nafi
Transaction Choice and Clear Agreement
Sunan an-Nasai : 4471
Sunan an-NasaiHadith Number 4471
أَخْبَرَنَا قُتَيْبَةُ، قَالَ حَدَّثَنَا اللَّيْثُ، عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " الْبَيِّعَانِ بِالْخِيَارِ حَتَّى يَفْتَرِقَا أَوْ يَكُونَ بَيْعَ خِيَارٍ " . وَرُبَّمَا قَالَ نَافِعٌ " أَوْ يَقُولَ أَحَدُهُمَا لِلآخَرِ اخْتَرْ " .
Ibn 'Umar Narrated from:
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 to conclude the transaction.' Or perhaps Nafi said: Or one of them has said to the other: 'Decide! (Sahih)
Reference : Sunan an-Nasa'i 4471In-book reference : Book 44, Hadith 23English translation : Vol. 5, Book 44, Hadith 4476
Summary of Sunan an-Nasai Hadith 4471
This narration teaches that the two parties to a sale have the choice until they separate or conclude the transaction by choice. It also records a possible wording from Nafi: one party may say to the other, “Decide.” The central message is a clear agreement between buyer and seller. The right of choice in an Islamic transaction belongs to both, not only to the person selling or the person buying. The hadith gives a point before separation when the decision is still open, unless a chosen conclusion has already taken place. It also shows the value of direct words when a decision is needed. A clear “decide” or a shared conclusion helps both parties know whether the transaction is still being considered or is settled.
What we learn from this hadith
- Both buyer and seller have the right to choose.
- The option remains until separation unless they conclude by choice.
- Directly asking for a decision can clarify the agreement.
- Both parties should know whether the sale is open or settled.
