Authored by: Imran Ayub Lahori
Islamic law gives both the seller and the buyer a unique opportunity to reconsider and withdraw from a transaction — as long as they remain in the same gathering and have not physically parted ways. This principle is firmly rooted in the Sunnah and is upheld by the consensus of numerous prominent scholars.
❶ Narrated by Hazrat Hakim bin Hizam (رضي الله عنه):
"البيعان بالخيار ما لم يتفرقا"
“The two parties in a sale have the option (to cancel) as long as they do not separate.”
[Bukhari: 2079; Muslim: 1533; Abu Dawud: 3500; Nasa’i: 4474; Muwatta: 2/685]
❷ Narrated by Hazrat Ibn Umar (رضي الله عنهما):
"المتبايعان كل واحد منهما بالخيار على صاحبه ما لم يتفرقا إلا بيع الخيار"
“Each of the two transacting parties has the option (to cancel) so long as they have not separated, unless it is a sale with an option (Bay‘ al-Khiyar).”
[Bukhari: 2107; Muslim: 1531; Muwatta: 2/671; Abu Dawud: 3454; Tirmidhi: 1245; Sharh Ma‘ani al-Athar: 4/12]
Bay‘ al-Khiyar refers to a conditional sale in which one party is given the right to cancel within a set period — even after parting from the gathering.
There is scholarly difference of opinion on whether the term تفرق in the hadith refers to:
Supported by:
Sahabah and Tabi‘in such as Abu Barzah Aslami, Ibn Umar, Ibn Abbas, Abu Hurairah (رضي الله عنهم), and scholars like Shurayh, Sha‘bi, Tawus, ‘Ata, Sa‘id ibn al-Musayyib, al-Zuhri, al-Awza‘i, and Hasan al-Basri (رحمهم الله).
Also supported by:
Imam Shafi‘i, Imam Ahmad, Imam Ishaq, and Imam Abu Thawr (رحمهم الله)
They hold that the right to cancel remains until physical separation from the gathering.
Supported by:
Hanafis, the Malikis (except Ibn Habib), and Ibrahim al-Nakha‘i (رحمه الله)
They argue that once the discussion and transaction are finalized, the right to cancel ends — even if both remain in the same gathering.
Imam Ibn Hazm (رحمه الله) strongly emphasized that among the Tabi‘in, only al-Nakha‘i disagreed.
Ibn Hajar (رحمه الله) noted that no known Companion opposed the view of Ibn Umar and Abu Barzah.
Even the Hanafis' own scholar, author of al-Ta‘liq al-Mumajjad, admitted the strength of this view and refuted all opposing arguments.
The stronger and more correct opinion — upheld by explicit hadith and numerous scholars — is that the buyer and seller retain the right to cancel a sale until they physically separate. This principle preserves fairness, allows reconsideration, and aligns directly with the Prophet’s teachings.
✿ Buyer's and Seller's Right to Cancel Until They Separate
Islamic law gives both the seller and the buyer a unique opportunity to reconsider and withdraw from a transaction — as long as they remain in the same gathering and have not physically parted ways. This principle is firmly rooted in the Sunnah and is upheld by the consensus of numerous prominent scholars.
✿ Hadith Evidence:
❶ Narrated by Hazrat Hakim bin Hizam (رضي الله عنه):
"البيعان بالخيار ما لم يتفرقا"
“The two parties in a sale have the option (to cancel) as long as they do not separate.”
[Bukhari: 2079; Muslim: 1533; Abu Dawud: 3500; Nasa’i: 4474; Muwatta: 2/685]
❷ Narrated by Hazrat Ibn Umar (رضي الله عنهما):
"المتبايعان كل واحد منهما بالخيار على صاحبه ما لم يتفرقا إلا بيع الخيار"
“Each of the two transacting parties has the option (to cancel) so long as they have not separated, unless it is a sale with an option (Bay‘ al-Khiyar).”
[Bukhari: 2107; Muslim: 1531; Muwatta: 2/671; Abu Dawud: 3454; Tirmidhi: 1245; Sharh Ma‘ani al-Athar: 4/12]
Bay‘ al-Khiyar refers to a conditional sale in which one party is given the right to cancel within a set period — even after parting from the gathering.
✿ Meaning of "Separation" (تفرق):
There is scholarly difference of opinion on whether the term تفرق in the hadith refers to:
- Tafarruq bil-abdan (physical separation): Actual bodily parting
- Tafarruq bil-aqwal (verbal conclusion): Ending the discussion, even if both remain present
✿ View of Physical Separation:
Supported by:
Sahabah and Tabi‘in such as Abu Barzah Aslami, Ibn Umar, Ibn Abbas, Abu Hurairah (رضي الله عنهم), and scholars like Shurayh, Sha‘bi, Tawus, ‘Ata, Sa‘id ibn al-Musayyib, al-Zuhri, al-Awza‘i, and Hasan al-Basri (رحمهم الله).
Also supported by:
Imam Shafi‘i, Imam Ahmad, Imam Ishaq, and Imam Abu Thawr (رحمهم الله)
They hold that the right to cancel remains until physical separation from the gathering.
✿ View of Verbal Conclusion:
Supported by:
Hanafis, the Malikis (except Ibn Habib), and Ibrahim al-Nakha‘i (رحمه الله)
They argue that once the discussion and transaction are finalized, the right to cancel ends — even if both remain in the same gathering.
✿ Strength of the First View:
Imam Ibn Hazm (رحمه الله) strongly emphasized that among the Tabi‘in, only al-Nakha‘i disagreed.
Ibn Hajar (رحمه الله) noted that no known Companion opposed the view of Ibn Umar and Abu Barzah.
Even the Hanafis' own scholar, author of al-Ta‘liq al-Mumajjad, admitted the strength of this view and refuted all opposing arguments.
✿ References:
- Bukhari: Book of Sales, Chapter on the Option to Cancel Until Separation
- Tirmidhi: Book of Sales, Chapter on the Option Until Separation
- Ibn Abi Shaybah: 22574
- Fath al-Bari: 5/57
- Tuhfat al-Ahwazi: 4/513–514
- Nayl al-Awtar: 3/561
- Al-Mughni: 6/10
- Bidayat al-Mujtahid: 2/140
- Al-Umm: 3/4–5
- Al-Hawi: 5/22
- Al-Mabsut: 13/17
✿ Conclusion:
The stronger and more correct opinion — upheld by explicit hadith and numerous scholars — is that the buyer and seller retain the right to cancel a sale until they physically separate. This principle preserves fairness, allows reconsideration, and aligns directly with the Prophet’s teachings.
