In the previous episode, we have started discussing the Hadeeth narrated on the authority of ‘Abdullaah ibn ‘Umar, may Allaah be pleased with them, that the Messenger of Allaah, peace and blessing be upon him, said: “Both the buyer and the seller have the option of cancelling or confirming the bargain, as long as they have not parted and are still together, or one of them gives, the other the option (of keeping or canceling the bargain). If one of them gives the other the option (of keeping or canceling the bargain) and they agreed upon something, then transaction become binding.” [Reported by Al-Bukhaari and Muslim].

There is another Hadeeth has the same meaning narrated on the authority of Hakeem ibn Hizaam, may Allaah be pleased with him, that the Messenger of Allaah, peace and blessing be upon him, said: “Both the buyer and the seller have the option of cancelling or confirming the bargain unless they separate [Or said], until they separate and if they speak the truth and mention the defects, then their bargain will be blessed, and if they tell lies and conceal the defects, they might gain some financial gain but they will deprive their sale of (Allaah's) blessings.”

In the previous episode, we have spoken about the first important point of the Hadeeth which is the Prophet’s saying: ““Both the buyer and the seller have…”. We come to know the definition of sale, its ruling, its conditions. In this episode, we will complete the remaining points of this Hadeeth.

Secondly, his saying: “…have the option…” means seeking the best of the two matters i.e. accepting or rejecting the sale.  

Thirdly, the Hadeeth proved the option during the session and thus if the transaction is fulfilled and then one of the two parties wants to cancel the contract of the transaction and they have not parted and are still together, he is allowed to do so because of the statement of the Prophet, peace and blessing be upon him: “Both the buyer and the seller have the option of cancelling or confirming the bargain, as long as they have not parted and are still together,…”.

And in the second Hadeeth: “Both the buyer and the seller have the option of cancelling or confirming the bargain unless they separate…”.

That (i.e. proving the option of the session) is the opinion of the majority of Muslim scholars from the companions, may Allaah be pleased with them, their followers and it is the opinion of the Shaafi‘i and Hanbali scholars and the jurists of Hadeeth science.

Maalik and Abu Haneefah, may Allaah have mercy upon them, are of the opinion that the option of session is not proved, finding several excuses for those who adopt such Hadeeths. Ibn ‘Abdel Barr, may Allaah have mercy upon him, said: “Later generations of the Maaliki and Hanafi scholars made a lengthy argumentation that cannot be stated here, supporting their opinion and rejecting the Hadeeth. Most of their argumentation brings no important matter and can easily refuted.

Al-Haafith Ibn Daqeeq Al-‘Eed, may Allaah have mercy upon him, made ten excuses for those who did not adopt such Hadeeths saying: “Those who rejected it have some different excuses for not accepting it. What we can remember of them now are as follows.” Then, he mentioned such excuses in a detailed way. We will brief what he, may Allaah have mercy upon him, has explained in detail.

1- This Hadeeth was reported by Imam Maalik in Al-Muwata’ and in spite of this fact, he was not of the opinion of applying or acting upon it. This was answered that this Hadeeth is reported from different routes and thus if it cannot be used as evidence from the route reported by Imam Maalik, it can be used as evidence from another route. Rejecting it can be true if it was reported from only one route.

2- Option during session and giving the seller and the buyer the option of canceling transaction as long as they are still together in the session is a part of the business that has unfortunately become widespread and is difficult to avoid.

This was answered that transaction is one of the matters that have unfortunately become widespread and are difficult to avoid; however, the Hadeeth has evidence on proving the option of canceling transaction. But canceling transaction is not one of the matters that have unfortunately become widespread and are difficult to avoid. Having desire in transaction indicates that the two parties of the contract need it. 

3- This Hadeeth goes against what religious people used to do and all like this cannot be acted upon.

This was answered that most of the people of Madeenah (i.e. Medina) view the validity of this option and amongst them are some of the companions such as ‘Ali ibn Abi Taalib, Ibn ‘Abbaas, Abu Hurairah, may Allaah be pleased with them, and some of those who followed them such as Sa‘eed ibn Al-Musayb, may Allaah have mercy upon him. 

4- Some of them stated that what is meant by the seller and the buyer is the two parties of the bargain.

As for what is meant by the option, it is the option of the acceptance i.e. the option granted to the buyer to accept or reject buying something. This was answered that calling the two parties of the bargain seller and buyer is something rhetoric; however, the meant is the real sense of the word.

5- Some of the scholars view that parting refers to parting in words between the seller and the buyer at the time of mutual consent.

This was answered that this is goes against the apparent meaning of the Hadeeth; rather, this goes against the text of some Hadeeths.

6- Some of them claimed that the Hadeeth is abrogated, whether because the scholars of Medina unanimously agreed that the option of session is not proved and this refers to abrogation, or for the Hadeeth in which the Prophet, peace and blessing be upon him, said: “If the two parties of the transaction differ (on the price of an article)…” and this is in what was reported by Ahmad and An-Nasaa’i from Ibn Mas‘ood, may Allaah be pleased with him, that the Prophet, peace and blessing be upon him, said: “If both parties in a business transaction differ (on the price of an article), and they have witness between them, the statement of the owner of the article will be accepted (as correct) or they may annul the transaction.” Ibn Maajah reported the same narration with extra wording: “…and the sale item remains (unredeemed),…”

This was answered that we have previously discussed the abrogation for the people of Medina. Also, abrogation is not proved by just possibility. As for the Hadeeth if the two parties of the transaction differ (on the price of an article), using is as a proof is something very weak because it is general regarding the time of parting.

Fourthly, the Hadeeh pointed out, as it was stated in the previous point, the option of session for the seller and the buyer. The period of such option starts from the moment of concluding the contract until they separate with their bodies from the session of the contract.

Fifthly, the Hadeeth indicates that amongst the etiquette of selling and buying is truthfulness in this process by pointing out the condition of the commodity, be good or bad, has any defects or flaws. This actually bestows blessings upon both of them. If this is the case, then lying and hiding the defects of the commodity, cheating, deception, and fraud are all reasons for depriving and removing the blessings of the transaction. We have already discussed this etiquette in great detail in a previous episode.

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