Hadith 2082

حَدَّثَنَا بَدَلُ بْنُ الْمُحَبَّرِ ، حَدَّثَنَا شُعْبَةُ ، عَنْ قَتَادَةَ ، قَالَ : سَمِعْتُ أَبَا الْخَلِيلِ يُحَدِّثُ ، عَنْ عَبْدِ اللَّهِ بْنِ الْحَارِثِ ، عَنْ حَكِيمِ بْنِ حِزَامٍ رَضِيَ اللَّهُ عَنْهُ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " الْبَيِّعَانِ بِالْخِيَارِ مَا لَمْ يَتَفَرَّقَا ، أَوْ قَالَ : حَتَّى يَتَفَرَّقَا ، فَإِنْ صَدَقَا وَبَيَّنَا ، بُورِكَ لَهُمَا فِي بَيْعِهِمَا ، وَإِنْ كَتَمَا وَكَذَبَا ، مُحِقَتْ بَرَكَةُ بَيْعِهِمَا " .
Narrated Hakim bin Hizam: The Prophet aid, "The buyer and the seller have the option to cancel or to confirm the deal, as long as they have not parted or till they part, and if they spoke the truth and told each other the defects of the things, then blessings would be in their deal, and if they hid something and told lies, the blessing of the deal would be lost."
Hadith Reference صحيح البخاري / كتاب البيوع / 2082
Hadith Grading محدثین: أحاديث صحيح البخاريّ كلّها صحيحة
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
Lying and concealing defects remove the blessing from items being sold, meaning that if the seller lies in praising the merchandise or hides its faults, and likewise if the buyer resorts to forgery or deception in payment, then Allah’s blessing is withdrawn from the transaction.

Forgery on the part of the buyer is, for example, giving a counterfeit check to the seller, or the check may be genuine but there are no funds in his bank account. Similarly, the same ruling applies to giving counterfeit currency or fake notes.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2082
Maulana Dawood Raz
Hadith Commentary:
The purpose of the chapter is clear: it is necessary for merchants to disclose both the good and bad qualities of their merchandise, so that the buyer does not have grounds for complaint later on, and under no circumstances should they swear a false oath regarding this matter.
It is also understood that the buyer has the right to return the goods as long as he has not left the shop; however, once he leaves the shop, this right ceases—unless both parties mutually agree upon a specific period for this right, in which case it is a different matter.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2079
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
If both the seller and the buyer speak the truth, and there is no ambiguity or concealment regarding the sold item or its price, then their transaction will be profitable and fruitful. Otherwise, its blessing will be removed; that is, the condition for attaining blessing is truthfulness and clarity in every matter, and the blessing will be removed when there is falsehood and ambiguity.
If either the seller or the buyer acts with honesty and disclosure, but the other resorts to lying and concealment, will blessing still be attained or not? The apparent wording of the hadith indicates that the one who is truthful and clear will receive reward from Allah, and the one who lies will be deserving of reproach and punishment on the Day of Judgment.

(2)
It is also understood from this that the evil consequences of sins remove the blessings of this world and the Hereafter.
(Fath al-Bari: 4/394)

(3)
After a sale is finalized, there are three options for its annulment:
Option of the gathering (khiyar majlis), option of condition (khiyar shart), and option of defect (khiyar ‘ayb). We will explain all three in detail later.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2079
Maulana Dawood Raz
Hadith Commentary:

That is, when the buyer announces his approval three times, the sale becomes binding. In the earlier narration which Hammam reported from his memory, it is stated as "al-bay'ani bil-khiyar" (the two parties to the sale have the option). However, Hammam says that when I looked at this hadith in my book, I found the word "yakhtaru" (he chooses) written three times.

In some manuscripts, instead of "yakhtaru," the word "yukhayyar" appears.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2114
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
By "bayi‘an" (the two parties to the sale), both the buyer and the seller are meant.
During the session of the contract, both have the option to confirm or annul the transaction.
Just as the buyer, during the session, has the authority to return the sale and take back the price, similarly, the seller also has the right to return the price and reclaim the item he sold.
Granting the option to the buyer while depriving the seller of it is not just.
Granting the option to the seller does not affect the conclusion of the sale.
(2)
In the narration, it is mentioned on the authority of Hazrat Hammam that after narrating this hadith from his memory, he checked his book and found it written there as follows:
“He may choose three times,” meaning the buyer may announce his choice three times.
These words are not preserved and are also contrary to the other narrators who report from Hazrat Qatadah; therefore, these words will not be accepted in any case.
(Fath al-Bari: 4/422)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2114
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The position of all hadith scholars (muhaddithin) is that a sale does not become binding merely by the contract, i.e., by offer and acceptance, as long as the seller and buyer have not separated from the session of the contract, because while they remain in the session, they retain the option to finalize or annul the sale. After the session ends, since this option ceases, the sale becomes binding upon them. After this, the sale can only be annulled on the basis of the option of condition (khiyar al-shart) or the option of defect (khiyar al-ayb); otherwise, it cannot be annulled. This is the view of Sa'id ibn al-Musayyib, Imam al-Zuhri, Ibn Abi Dhi'b, Hasan al-Basri, Imam al-Awza'i, Ibn Jurayj, Imam al-Shafi'i, Imam Malik, Imam Ahmad ibn Hanbal, and the majority of jurists, rahimahumullah. Imam Ibn Hazm has written: Among the Tabi'in, no one opposes this position except Ibrahim al-Nakha'i. Imam Abu Hanifah rahimahullah, by adopting only the opinion of Imam al-Nakha'i, has opposed the majority of hadith scholars. In this regard, a narration from Qadi Shurayh is cited, stating that when a person discusses buying and selling, the sale becomes finalized. However, this narration is not authentic because it contains a narrator named Hajjaj ibn Arta'ah, who is weak.

(2)
It should be clear that by the ending of the session is meant physical separation. If, as the people of opinion (Ahl al-Ra'y) claim, mere verbal separation is intended, then the aforementioned hadith would be devoid of its real benefit, and in fact, the hadith would have no meaning at all. In short, according to the correct position, physical separation in both senses is intended, as is established from the practice of Abdullah ibn Umar radi Allahu anhuma. (Fath al-Bari: 4/416)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2110
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
In this hadith, it is stated that the seller and the buyer retain the option to confirm or annul the sale as long as they have not separated. What is meant by this "separation"? Imam Shafi'i's position is that it refers to the separation of bodies, meaning that if the seller and the buyer move away from the gathering, the sale becomes binding.

Imam Abu Hanifah rahimahullah says:
By this, the separation of statements is meant, that is, if the seller says, "I have sold," and the buyer says, "I have bought," then the sale becomes finalized. After this, neither party has the option to annul the sale, even if they are still in the same gathering. In other words, after offer and acceptance (ijab wa qubul), the option ends, even if they are still present in the gathering.

However, earlier in the hadith, from the action of Abdullah ibn Umar radi Allahu anhuma, it is understood that what is meant is the separation of bodies, because Nafi' narrates that whenever Abdullah ibn Umar radi Allahu anhuma bought something that pleased him, he would quickly separate from his companion.
(Hadith: 2107)
On this basis, our inclination is also that as long as the gathering remains, the seller and the buyer have the option to annul the sale.
When the gathering ends, this option also ends; however, the option of condition (khiyar al-shart) or the option due to defect (khiyar al-ayb) remains.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2108
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
By "separating from him" is meant moving here and there from the gathering.
This very interpretation is also narrated from the hadith’s narrator, Ibn Umar (radi Allahu anhuma).
Some have taken it to mean ending the conversation, which is contrary to the apparent meaning.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1246
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit.
The summary of these narrations is as follows:
As long as the buyer and the owner have not separated from each other,
both the owner and the buyer retain the right to annul the transaction.
By separation, what is meant is not merely the end of the conversation,
but rather physical separation.
However, if a specific period for exercising the option is agreed upon,
then that is a different matter.
In that case, the right remains until the end of that period.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3459
Hafiz Muhammad Ameen
For details, see Hadith: 4462.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4469
Hafiz Muhammad Ameen
(1) The purpose of the chapter established by Imam al-Nasa’i rahimahullah is that it is necessary for traders to settle their transactions while observing the requirements of the Shari’ah during buying and selling. They should neither lie to one another nor attempt to deceive each other; rather, they should hold fast to truthfulness, always speak the truth, and guard the truth in every situation. It is the religious and moral responsibility of both the seller and the buyer to have goodwill towards each other. It is obligatory upon the seller to provide correct information regarding his merchandise (the item he is selling). If there is any defect or flaw in it, he must inform the buyer about it. He should not resort to trickery. It is absolutely impermissible for a Muslim trader to sell a defective or substandard item without informing (the buyer). This is haram.

(2) From the blessed hadith, it is also understood that blessing (barakah) will occur when trade is based on truth; therefore, it is necessary that, in order to attain blessing, traders should promote their trade by speaking the truth. By lying in trade and concealing defects in the transaction, not only is blessing not attained, but rather, loss is incurred. In addition, the pangs of conscience continue to cause restlessness. May Allah protect us from it.

(3) This hadith also establishes the issue that the true and complete attainment of worldly benefits is also achieved through righteous deeds, whereas the evil consequences of sins destroy the goodness and blessing of both this world and the Hereafter. Therefore, this golden law of nature should always be kept in mind when arranging all of one’s affairs.

(4) “The option remains” — this is called khiyar al-majlis, meaning that as long as both parties are present in the place of transaction, either of them may, if they wish, demand to revoke the transaction. The other party is obliged to accept this. However, if the gathering is dispersed, then the transaction can only be revoked with the mutual consent of both parties. The Hanafis and Malikis do not accept khiyar al-majlis, arguing that there is no limit to khiyar al-majlis, and that this option is contrary to principle, because a finalized transaction cannot be annulled by one party alone. They interpret this hadith to mean that “separation” refers to the conclusion of the transaction’s discussion, whereas there is no need to state this, as it is self-evident. Moreover, the Companions who narrated this hadith understood it in its apparent meaning. In some other ahadith, it is explicitly stated that one should not change places out of fear of the transaction being revoked. Thus, the meaning is definitive that as long as the gathering does not change, the option remains. As for the matter of principle, principles are also established from ahadith, and hadith itself is one of the fundamental principles of the Shari’ah. Therefore, by invoking the name of principle, no authentic and explicit hadith can be rejected.

(5) “State clearly” — meaning, the defects and flaws, etc., of their respective items.

(6) “Blessing will be removed” — meaning, the wealth will become unlawful (haram), and despite being abundant, it will not fulfill needs and will continue to be wasted. Distress will be an added consequence.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4462