704 – Ibn ʿUmar reports that the Messenger of Allah ﷺ said: “When two men conclude a sale, each of them retains the option (khiyār) as long as they have not separated and are still together, or until one of them grants the other that choice. If one does grant the other the choice and they transact on that basis, the sale becomes binding. And if they separate after concluding the transaction without either party voiding it, the sale is likewise binding.” Agreed upon; this wording is Muslim’s. (1)
Vocabulary of the ḥadith
• al-khiyār: the predicate of “each one,” meaning that each party is deemed to possess the option. Khiyār is an action noun; its verbal noun is ikhtiyār, “seeking the better of two alternatives,” i.e., either ratifying or cancelling the sale.
• idhā tabāyaʿā: a reciprocal form; the pattern tafāʿul implies mutual action, so the clause “wa kānā jamīʿan” (“while they are both together”) is an explicit reinforcement of that reciprocity.
• mā lam yatafarraqā: In most narrations the verb appears with an initial tā and a doubled r, whereas Muslim’s version reads yaftarqā with an initial f and a light r. Some linguists differentiate between them, holding that yaftarqā denotes verbal separation and yatafarraqā physical separation. The present narration thus supports the understanding of physical separation.
• aw yukhayyir aḥaduhumā al-ākhar (“or one of them gives the other the choice”): Two grammatical analyses are possible:
- yukhayyir is in the jussive, coordinated with “mā lam yatafarraqā.”
- yukhayyir is in the subjunctive, governed by an implied an after aw, giving the sense: “unless one of them gives the other the choice.”
al-Nawawī said: The meaning is that one says, “Choose whether to uphold the sale.” Once the other chooses, the sale becomes binding.