they stipulate a right of withdrawal. As for the report transmitted from the Prophet, may Allah bless him and grant him peace, through Ibn ‘Umar and others, in which he said, “Each party to a sale has the option of withdrawing from the transaction with the other so long as they have not separated, except in a sale involving an option,” Mālik—may Allah have mercy on him—neither adopted it nor considered it a basis for practice, for two reasons.

First, the established, continuous practice in Medina was contrary to it. In his view, the established and uninterrupted practice of Medina takes precedence over reports transmitted by trustworthy individuals. Medina was the home of the Prophet, may Allah bless him and grant him peace, and he died there while his Companions were still present in great numbers. It is therefore inconceivable that their practice should have continued contrary to something reported from the Prophet, may Allah bless him and grant him peace, unless they knew that it had been abrogated.

Second, the report admits of interpretation, since separation in Arabic may occur through speech, through the completion of meanings, and through divergence in them. Allah, Mighty and Majestic, says:

“Do not be like those who became divided and differed after clear proofs had come to them.” [Āl ‘Imrān: 105]

He also says:

“Those who were given the Scripture did not become divided until after the clear proof had come to them.” [Al-Bayyina: 4]

And He says:

“If they separate, Allah will enrich each of them from His abundance.” [Al-Nisā’: 130]

The Messenger of Allah, may Allah bless him and grant him peace, said: “My community will split into seventy-two sects.”

The meaning of the hadith would thus be that each of the two parties negotiating a sale has the option of withdrawing from the transaction with the other until they complete the sale verbally and each takes exclusive possession of what has passed to him in exchange for what has passed to the other. This is because parties negotiating a sale may be called parties to a sale. The Messenger of Allah, may Allah bless him and grant him peace, said: “Let none of you sell over another’s sale.” He thus called negotiation a sale. For the two parties can, strictly speaking, be described as engaged in a sale only while they are actually conducting it. Once it has been completed, each has separated from the other, and each has taken exclusive possession of what has passed to him, they can be described as engaged in a sale only figuratively, not literally.