44/9. Chapter:
Sunan an-Nasai 4474 — Sale Not Final Before Separation
Mentioning the Differneces Reported From Nafi
Why a Sale Remains Open Before Separation
Sunan an-Nasai : 4474
Sunan an-NasaiHadith Number 4474
أَخْبَرَنَا عَلِيُّ بْنُ حُجْرٍ، قَالَ حَدَّثَنَا هُشَيْمٌ، عَنْ يَحْيَى بْنِ سَعِيدٍ، قَالَ حَدَّثَنَا نَافِعٌ، عَنِ ابْنِ عُمَرَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " الْمُتَبَايِعَانِ لاَ بَيْعَ بَيْنَهُمَا حَتَّى يَتَفَرَّقَا إِلاَّ بَيْعَ الْخِيَارِ " .
Yahya bin Sa 'eed Narrated from:
Nafi narrated to us from Ibn 'Umar, who said: 'The Messenger of Allah said: There is no transaction between the two parties until they separate, unless they have chosen to conclude the transaction."" (Sahih)
Reference : Sunan an-Nasa'i 4474In-book reference : Book 44, Hadith 26English translation : Vol. 5, Book 44, Hadith 4479
Summary of Sunan an-Nasai Hadith 4474
This hadith says there is no binding transaction between the two parties until they separate, unless they have chosen to conclude the sale. Its wording gives a direct rule about the status of the agreement while buyer and seller are still together. The sale remains open in the stated sense, but a chosen conclusion is an exception. The hadith about a sale before separation protects the role of consent for both parties. It also provides a clear end point so the deal does not stay uncertain. Buyers and sellers should be aware of whether they are still within the period of choice or whether they have already agreed to finalize. The text does not make profit the main issue. It focuses on decision, separation, and the binding status of the transaction.
What we learn from this hadith
- The transaction is not binding before separation in the stated case.
- A chosen conclusion is an exception.
- Both parties should know whether they have finalized the sale.
- Consent and timing determine the status described in the hadith.
