Sharh · explanationclick to expand
Since people tend to engage in sales transactions without deliberate thinking, and a seller or buyer may regret missing out on some of his goals, the wise Shareer‘ah granted both parties a period in which they could rescind the contract (and undo their transaction). In this hadeeth, the Prophet ﷺ made mention of such a period when he said: “Both parties in a business transaction have a right to rescind it so long as they have not separated.” This means that both the buyer and the seller are given an inalienable right to repudiate the transaction or contract as long as they have not separated, meaning to physically leave the meeting place where they concluded the contract. The Prophet ﷺ underlined that if both parties tell the truth and make everything clear to each other, regarding the price, the description of the purchased commodity, and the like, and clarify any defect, they will be blessed in their transaction. This means that they would obtain greater benefits from such transactions and prices, and both parties would get to recieve the blessing of Allah; a seller would obtain such blessing in the price and the buyer in the purchased commodity. However, if they conceal anything and lie, their transaction will be void of blessings. An example of such concealment is when a seller conceals the defects of the commodity, and the buyer conceals the defect of the price and they lie to one another, regarding the description of the commodity on the part of the seller, and the payment of the price on the part of the buyer.Or the buyer claims to agree on buying the commodity for less than the agreed-upon price and deceives the seller until the time of concluding the sale should come. A buyer may also lie to the seller regarding the reason of the purchase to lower its price, contrary to the truth. Thus, both parties would conceal something from the other and each would be cheating the other from what he owed in the exchange. A common example of the buyer’s lies is when he tries to lower the price of a piece of land by claiming to buy it to build a mosque on it, and after concluding the sale, he would build himself a house instead, and had originally lied merely to lower the price. The Prophet ﷺ underlined that the blessing of such business transactions would be eliminated, meaning it would be devoid of increase and growth due to their mutual lying and deceit. The hadeeth evidences the Khiyaar Al-Majlis (i.e., an option whereby the parties have right to unilaterally withdraw from a contract as long as the parties do not leave the session of contract) for both the buyer and seller, to repudiate or retain the concluded sale. It is also deduced from the hadeeth that the designated period for availing of this option (Khiyaar Al-Majlis) is after concluding the sale and until the two parties leave the contracting session. It is also inferred therefrom that a sale becomes binding once the two contracting parties physically leave the contracting session. The hadeeth also highlights the obligation of adhering to honesty and truthfulness in sales transactions. It is also deduced therefrom that (blessed) worldly gains can only be attained by good-doing, and that the ominousness of sins and acts of disobedience causes one to miss out on what is good in this worldly life and the Hereafter. The hadeeth also underlines the virtue of truthfulness, and urges Muslims to adhere to it, and highlights that it is a reason for having one’s earnings blessed. The hadeeth dispraises lying, urges Muslims to abandon it, and underlines that it is a reason for having one’s earnings deprived of blessing. It also highlights that the performance of good deeds to attain reward in the Hereafter ensures attainment of what is good in this worldly life and the Hereafter as well. .