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سنن دارمي
Darimi
من كتاب البيوعFrom the Book of Sales
باب فِي: «الْبَيِّعَانِ بِالْخِيَارِ مَا لَمْ يَتَفَرَّقَا»:Chapter: Both Parties Have the Option Until They Part
Hadith 2583
اُردوEn
أَخْبَرَنَا سَعِيدُ بْنُ عَامِرٍ، عَنْ سَعِيدٍ، عَنْ قَتَادَةَ، عَنْ صَالِحٍ أَبِي الْخَلِيلِ، عَنْ عَبْدِ اللَّهِ بْنِ الْحَارِثِ، عَنْ حَكِيمِ بْنِ حِزَامٍ: أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، قَالَ: "الْبَيِّعَانِ بِالْخِيَارِ مَا لَمْ يَتَفَرَّقَا فَإِنْ صَدَقَا وَبَيَّنَا، بُورِكَ لَهُمَا فِي بَيْعِهِمَا، وَإِنْ كَذَبَا وَكَتَمَا، مُحِقَ بَرَكَةُ بَيْعِهِمَا".
It is narrated from Sayyiduna Hakim bin Hizam (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: “The buyer and the seller have the option (to cancel the transaction) as long as they have not separated. Then, if both speak the truth and clarify everything, there will be blessing in their trade (buying and selling), but if both lie and conceal something, the blessing in their transaction will be erased.”
Brief Explanation
(Commentary on Hadith 2582)
In this hadith, the best principles of trade have been stated, and it has been explained that it is necessary for merchants to disclose both the good and bad aspects of their merchandise so that the buyer does not have any grounds for complaint later on. Neither the seller nor the buyer should lie or swear false oaths, because this causes the blessing (barakah) to be removed from their transaction.
From this, the virtue of truthfulness and the evil of lying are also understood.
In this hadith, the matter of khiyar (option) or choice has been mentioned, and two forms of it are apparent here: First is khiyar al-majlis, meaning that as long as the seller and buyer have not separated, both have the right to buy, sell, or annul the sale.
The second is khiyar al-shart, and that is when both parties stipulate that for a certain period, there will be an option to keep or return the merchandise. If the buyer wishes to return it, the seller must take it back without any trickery or argument.
Apart from this, there are several other forms of khiyar that can be agreed upon between the seller and the buyer, such as: if there is any defect in the goods, it must be returned; or, for example, that the buyer will take whichever item or animal he likes and return the rest. In these cases, these conditions must be fulfilled.
In this hadith, the best principles of trade have been stated, and it has been explained that it is necessary for merchants to disclose both the good and bad aspects of their merchandise so that the buyer does not have any grounds for complaint later on. Neither the seller nor the buyer should lie or swear false oaths, because this causes the blessing (barakah) to be removed from their transaction.
From this, the virtue of truthfulness and the evil of lying are also understood.
In this hadith, the matter of khiyar (option) or choice has been mentioned, and two forms of it are apparent here: First is khiyar al-majlis, meaning that as long as the seller and buyer have not separated, both have the right to buy, sell, or annul the sale.
The second is khiyar al-shart, and that is when both parties stipulate that for a certain period, there will be an option to keep or return the merchandise. If the buyer wishes to return it, the seller must take it back without any trickery or argument.
Apart from this, there are several other forms of khiyar that can be agreed upon between the seller and the buyer, such as: if there is any defect in the goods, it must be returned; or, for example, that the buyer will take whichever item or animal he likes and return the rest. In these cases, these conditions must be fulfilled.
