´It was narrated from 'Amr bin Shu'aib, from his father , form his grandfather, that the Prophet said:` "The two parties to a transaction have the choicer so long as they have not separated, unless they reach an agreement before parting, and it is not permissible to hasten to leave for fear that the other party may change his mind."
1؎: It is understood from this that separation refers to physical separation, meaning that the gatherings of both should change, not that they remain in the same gathering and merely change the subject of conversation, as is the opinion of some scholars.
Explanation & Benefits
Hafiz Muhammad Ameen
(1) This hadith is explicit evidence for "separation by bodies" (tafarraq bil-abdan), meaning physically and bodily separating from one another. Some people hold the view that after a transaction is settled in a gathering, if other conversations begin within that same gathering, the option (of annulment) ends—that is, these individuals are proponents of "separation by statements" (tafarraq bil-aqwal). The aforementioned hadith clearly refutes their view, which is based purely on opinion. The truth is that the view of separation by statements is, in light of the evidences, outweighed and also contrary to the explicit hadith.
(2) This blessed hadith also establishes that if, within the same gathering, one party gives the other the option to make a decision right then and there, and then the transaction is concluded, their option (of annulment) will now end, no matter how long the gathering continues.
(3) This blessed hadith also indicates this important issue: that it is necessary for both the seller and the buyer to have goodwill towards each other. Therefore, it is not permissible for either of them to hasten the transaction in order to finalize it, nor for either party to immediately leave the gathering as soon as the deal is settled, thereby not giving the other party an opportunity to think and reflect. The result of this would be that the person may regret and feel remorse over his decision. Therefore, it is necessary that each of them gives the other companion time to consider and reflect.
(4) It is not permissible to deceive anyone "out of fear of return," since the right of return remains as long as the gathering continues. Attempting to nullify this right also falls under the category of usurping rights. Sincerity and goodwill towards the other party require that he be given full opportunity to exercise his right. The final words of the hadith are explicit evidence that the option of the gathering (khiyar al-majlis) is being established here, and as long as they are physically together, this right remains; otherwise, what would be the meaning of prohibiting separation?
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4488
Narrated 'Amr bin Shu'aib on his father's authority from his grandfather (RA): The Prophet (ﷺ) said: "The two parties (seller and buyer) in a business transaction have a choice (to annul it) until they separated (from one another), unless it is a transaction with the right to annul it attached to it; and it is not allowed for one to separated from the other for fear that he may cancel the deal." [Reported by al-Khamsah except Ibn Majah. ad-Daraqutni, Ibn Khuzaimah and Ibn al-Jarud also reported it]. Another narration has: "till they separated from their place (of transaction)."