LEASE SECTION · 53 – THE ACCEPTANCE OF THOSE WHO BUY AND SELL
Abdullah ibn Umar, may Allah be pleased with him, reported that the Messenger of Allah, peace and blessings be upon him, said: “Every seller and buyer are liable to dissolve (the transaction) until they part; but if a period of three days is stipulated, then it is exempted.”
COMMENTARY: The seller and the buyer remain mutually bound to either complete or abandon the sale until they separate. Once the transaction concludes and they depart, their option expires. However, if they agree upon a period of three days for this mutual option, then their separation does not terminate that option. Rather, they remain liable until the stipulated time has elapsed. This is the view of Ash-Shafi’i and Ahmad ibn Hanbal.
According to the Hanafi and Malikite schools of thought, this ‘separation’ refers to the verbal agreement. Once the seller says “I have sold” and the buyer says “I have bought,” the transaction is considered valid. (Ma'alim as-Sunan, vol. 5, p. 93)
From Abdullah ibn Umar, it was narrated with the same meaning as the preceding hadith. In Ibn Umar’s narration, he said: "Except when one of the seller or buyer says to the other, 'Be free (from the agreement)'."
Abdullah ibn Amr ibn al-As, may Allah be pleased with him, reported:
The buyer and seller remain in a state of option until they part ways. Except that there may be an option for either of them (to say, "I choose to sign the transaction or leave it"). It is not permissible for one of those who have made an agreement to depart from his companion immediately out of fear that he will annul the agreement. [253]
According to a narration from Abu al-Wadi, may Allah be pleased with him, he said:
We set out on a campaign and stopped at a place. One of our companions sold a horse for a slave. Then they spent the remainder of that day [in this manner]. The next morning, when the soldiers prepared to depart, the man who had sold the horse rose to saddle it. But the seller regretted [the transaction] and came to the buyer, wanting to annul the sale. The buyer refused to give up the horse. So they came to Abu Barza, one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, who was among us, and recounted to him the story of this horse transaction that had taken place between them. Then Abu Barza said to them: "Are you content with me judging between you according to the judgment of the Messenger of Allah, may Allah bless him and grant him peace?"
The Messenger of Allah, may Allah bless him and grant him peace, said: “The seller and the buyer are not considered separated until they part [and state their intentions].”
A narrator, Hisham ibn Hassan, reported that Jamil ibn Murra related that Abu Barza said, "I did not see you as having parted." [254]
It is related on the authority of Yahya bin Eyyub that he said:
Abu Zura, when selling to someone, would grant them the option (of returning the goods). Then he would say, “Grant me also the option.” And Abu Huraira reported that he heard [the Prophet] saying:
The Messenger of Allah ﷺ said: "Two parties involved in a transaction should depart with satisfaction."
Hakim ibn Hizam, may Allah be pleased with him, narrated that the Messenger of Allah, peace and blessings be upon him, said: “The seller and the buyer remain mutually free (to complete or abandon the transaction) until they separate. If the seller truthfully describes the condition of the goods and discloses its defects, then their transaction is blessed. But if he conceals a defect in the goods and lies about it, then blessing is removed from their transaction.” [256]
Abu Dawud said: Said ibn Abu Arubah and Hammad narrated this hadith in this manner. However, Hammām narrated with three repetitions: – (The buyer and seller) remain mutually free until they separate or a condition is stipulated.