The Shar‘i Status of Khiyar (Option) in Sale According to Authentic Hadith
Source: Fatawa Ameenpuri — Shaykh Ghulam Mustafa Zaheer Ameenpuri
❖ Question
What is the Shar‘i ruling regarding khiyar (option) in sale?
❖ Answer
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
When two people engage in buying and selling, both have the option to either confirm or annul the sale as long as they are still in the same sitting (majlis). Once they part physically, the option ends. In fiqh, this is termed “tafarraq bil-abdan” (separation by bodies). This is the position of the majority of scholars.
The opposing view claims that once the agreement is finalized, the option ends regardless of whether they are still sitting together or not (tafarraq bil-kalam). However, this opinion contradicts the authentic Ahadith, the practice of the Companions, and the view of the majority of scholars.
◈ Proof from Hadith
- ʿAbdullah ibn ʿUmar رضي الله عنهما narrates:
The Messenger of Allah ﷺ said:
«إِنَّ الْمُتَبَايِعَيْنِ بِالْخِيَارِ فِي بَيْعِهِمَا مَا لَمْ يَتَفَرَّقَا، أَوْ يَكُونَ بَيْعُ خِيَارٍ»
"The buyer and seller have the option (to annul the sale) as long as they have not separated, unless the sale was concluded with an option (stipulated)."
Nafiʿ رحمه الله said: Ibn ʿUmar, when buying something he liked, would move away from the seller quickly (to finalize the sale).
(Sahih al-Bukhari 2107; Sahih Muslim 1531)
Another narration states:
"If Ibn ʿUmar intended not to revoke a sale, he would walk a little and then return." (Sahih Muslim)
◈ Statements of the Scholars
- Imam ʿAbdullah ibn al-Mubarak (181 AH) رحمه الله:
"The hadith about the buyer and seller having the option until they separate is more firmly established than these pillars."
(al-Sunan al-Kubra lil-Bayhaqi 5/272) - Hafiz Ibn ʿAbd al-Barr (463 AH) رحمه الله:
"The scholars are unanimous that this hadith is authentic from the Prophet ﷺ, and it is among the strongest narrations reported by trustworthy narrators."
(al-Tamhid 14/8) - Imam al-Tirmidhi (279 AH) رحمه الله:
"This is the practice of some of the Companions and others. It is the view of al-Shafiʿi, Ahmad, and Ishaq, who say that separation refers to physical parting, not change of speech. Some scholars said otherwise, but the first view is more correct, because Ibn ʿUmar — the narrator — knew best the meaning of his own narration."
(Sunan al-Tirmidhi 1245) - Hafiz al-Khattabi (388 AH) رحمه الله:
He refuted the interpretation of those who claimed separation means change of speech, affirming that the hadith clearly indicates physical parting (tafarraq bil-abdan) ends the option. (Aʿlam al-Hadith 2/1031) - Hafiz Ibn Hajar (852 AH) رحمه الله:
"Ibn ʿUmar and Abu Barzah al-Aslami رضي الله عنهما both interpreted the hadith as referring to separation by bodies, and no Companion opposed them."
(Fath al-Bari 4/330) - ʿAllamah ʿAbd al-Hayy al-Lakhnawi (1304 AH) رحمه الله:
He stated that the correct and just opinion, as understood by the Companions themselves, is tafarraq bil-abdan. (al-Taʿliq al-Mumajjad p. 340) - Mawlana Mahmud al-Hasan Deobandi رحمه الله:
He admitted that in this issue, the view of Imam al-Shafiʿi is stronger in light of the hadith, though as a Hanafi he remained bound to taqlid of his Imam. (al-Taqrir lil-Tirmidhi p. 35–36)
◈ Conclusion
- The buyer and seller both retain the right of option (khiyar) until they physically separate from the gathering.
- This is proven by authentic, mutawatir-level ahadith and upheld by the majority of scholars, including al-Shafiʿi, Ahmad, and Ishaq.
- The understanding of the Companions, particularly Ibn ʿUmar and Abu Barzah رضي الله عنهما, confirms that separation refers to bodies (abdan), not just speech.
- Thus, the ruling of khiyar in sale is a firmly established principle of Shariʿah.
ھذا ما عندي والله أعلم بالصواب
