44/9. Chapter:
Sunan an-Nasai 4473 — Using the Right of Choice
Mentioning the Differneces Reported From Nafi
Right of Choice in a Sale and Ibn Umar’s Practice
Sunan an-Nasai : 4473
Sunan an-NasaiHadith Number 4473
أَخْبَرَنَا عَمْرُو بْنُ عَلِيٍّ، قَالَ حَدَّثَنَا عَبْدُ الْوَهَّابِ، قَالَ سَمِعْتُ يَحْيَى بْنَ سَعِيدٍ، يَقُولُ سَمِعْتُ نَافِعًا، يُحَدِّثُ عَنِ ابْنِ عُمَرَ، عَنْ رَسُولِ اللَّهِ صلى الله عليه وسلم " إِنَّ الْمُتَبَايِعَيْنِ بِالْخِيَارِ فِي بَيْعِهِمَا مَا لَمْ يَفْتَرِقَا إِلاَّ أَنْ يَكُونَ الْبَيْعُ خِيَارًا " . قَالَ نَافِعٌ فَكَانَ عَبْدُ اللَّهِ إِذَا اشْتَرَى شَيْئًا يُعْجِبُهُ فَارَقَ صَاحِبَهُ .
Ibn 'Umar Narrated from:
It was narrated from Yahya bin Sa 'eed who said: "I heard Nafi narrating from Ibn 'Umar, from the Messenger of Allah 'the two parties to a transaction both have the choice so long as they have not separated unless they have chosen to conclude the transaction. " Nafi said: ''When 'Abdullah bought something he like, he would leave straightaway."
Reference : Sunan an-Nasa'i 4473In-book reference : Book 44, Hadith 25English translation : Vol. 5, Book 44, Hadith 4478
Summary of Sunan an-Nasai Hadith 4473
This hadith first states that the two parties to a transaction have a choice while they have not separated, unless the sale has been concluded by choice. It then reports a practice of Abdullah ibn Umar: when he bought something he liked, he would leave the seller straightaway. The narration therefore includes both the Prophet’s statement and a recorded action from Ibn Umar. A careful explanation should not add motives beyond the text. What the text shows is that separation mattered in relation to the sale’s status, and Ibn Umar acted by leaving after a purchase he liked. For people searching for the right of choice in a sale, the hadith makes the timing easy to see. The open choice continues before separation unless the parties have chosen to conclude.
What we learn from this hadith
- Buyer and seller have a choice before separation.
- A sale concluded by choice is an exception to the open option.
- Ibn Umar would leave after buying something he liked.
- The timing of separation is part of the transaction described.
