That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."
And this is a Sahih Hadith.
This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"
Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.
And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1246 |
| In-book reference | : Book 14, Hadith 46 |
| English translation | : Vol. 1, Book 12, Hadith 1246 |
| Grade: | Isnād Hasan (Zubair `Aliza'i) | إسنادہ حسن (زبیر علی زئی) | حكم : |
| Reference | : Mishkat al-Masabih 29 |
| In-book reference | : Book 1, Hadith 27 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2268 |
| In-book reference | : Book 9, Hadith 43 |
| Reference | : Mishkat al-Masabih 687 |
| In-book reference | : Book 4, Hadith 119 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1072 |
| In-book reference | : Book 4, Hadith 490 |
| Reference | : Mishkat al-Masabih 5832 |
| In-book reference | : Book 29, Hadith 92 |
| Grade: | Sahih Maqtu' (Al-Albani) | صحيح مقطوع (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4612 |
| In-book reference | : Book 42, Hadith 17 |
| English translation | : Book 41, Hadith 4595 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2116 |
| In-book reference | : Book 8, Hadith 8 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2213 |
| In-book reference | : Book 8, Hadith 103 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3303 |
| In-book reference | : Book 13, Hadith 217 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2556 |
| In-book reference | : Book 10, Hadith 50 |
| ضَعِيف, ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1328, 1329 |
| In-book reference | : Book 4, Hadith 737 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1918 |
| In-book reference | : Book 6, Hadith 144 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5857 |
| In-book reference | : Book 29, Hadith 115 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5870 |
| In-book reference | : Book 29, Hadith 128 |
| Grade: | Isnād Da'īf (Zubair `Aliza'i) | إسنادہ ضعيف (زبیر علی زئی) | حكم : |
| Reference | : Mishkat al-Masabih 122 |
| In-book reference | : Book 1, Hadith 115 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1126 |
| In-book reference | : Book 4, Hadith 543 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1257 |
| In-book reference | : Book 4, Hadith 672 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3929 |
| In-book reference | : Book 19, Hadith 141 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3989 |
| In-book reference | : Book 19, Hadith 201 |
| Reference | : Mishkat al-Masabih 5422 |
| In-book reference | : Book 27, Hadith 43 |
| صَحِيح لشواهده (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5922 |
| In-book reference | : Book 29, Hadith 178 |
| مُتَّفَقٌ عَلَيْهِ, صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5841, 5842 |
| In-book reference | : Book 29, Hadith 100 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2557 |
| In-book reference | : Book 10, Hadith 51 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1042 |
| In-book reference | : Book 4, Hadith 460 |
| ضَعِيف (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 92 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6075 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1878 |
| In-book reference | : Book 6, Hadith 105 |
| Reference | : Mishkat al-Masabih 5862 |
| In-book reference | : Book 29, Hadith 120 |
| Grade: | Sahīh (Zubair `Aliza'i) | صَحِيح (الألباني) | حكم : |
| صحیح (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 2 |
| In-book reference | : Book 1, Hadith 1 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3149 |
| In-book reference | : Book 13, Hadith 69 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1482 |
| In-book reference | : Book 4, Hadith 882 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3149 |
| In-book reference | : Book 47, Hadith 201 |
| English translation | : Vol. 5, Book 44, Hadith 3149 |
| Grade: | Hasan (without: "...and he will become dust. Then his spirit will be restored to him.") (Zubair `Aliza'i) | حسن (دون قوله: فَيصير تُرَابا قَالَ ثمَّ تُعَاد فِيهِ الرّوح) (زبیر علی زئی) | حكم : |
| Reference | : Mishkat al-Masabih 131 |
| In-book reference | : Book 1, Hadith 124 |
| Reference | : Mishkat al-Masabih 5491 |
| In-book reference | : Book 27, Hadith 112 |
| Reference | : Mishkat al-Masabih 5686 |
| In-book reference | : Book 28, Hadith 157 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 239 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6225 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1017 |
| In-book reference | : Book 4, Hadith 436 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4625 |
| In-book reference | : Book 24, Hadith 18 |
| Sunnah.com reference | : Book 2, Hadith 15 |
| Arabic/English book reference | : Book 2, Hadith 164 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 978 |
| In-book reference | : Book 4, Hadith 400 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5704 |
| In-book reference | : Book 28, Hadith 175 |
| Reference | : Mishkat al-Masabih 5475 |
| In-book reference | : Book 27, Hadith 96 |
| Reference | : Mishkat al-Masabih 5647 |
| In-book reference | : Book 28, Hadith 119 |
| Reference | : Mishkat al-Masabih 5908 |
| In-book reference | : Book 29, Hadith 164 |
| Grade: | Sahīh (Zubair `Aliza'i) | صَحِيحٌ (الألباني) | حكم : |
| صحیح (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 39 |
| In-book reference | : Book 1, Hadith 35 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5863 |
| In-book reference | : Book 29, Hadith 121 |
Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."
Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah, the Blessed, the Exalted, said, 'After any bequest that is made or any debt.' " (Sura 4 ayat 10)
Malik said, "If there is enough in the third property that the deceased can bequeath to free all the mudabbar, he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master."
Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party, and then the master died and had a debt and did not leave any property other than the mudabbar, and the heirs said, "We surrender the mudabbar to the party," whilst the creditor said, "My debt exceeds that." Malik said that if the creditor's debt did exceed that at all , he was more entitled to it and it was taken from the one who owed the debt, according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all, he did not take the slave.
Malik spoke about a mudabbar who did an injury and had property, and his master refused to ransom him. He said, "The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it, the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it, he takes it from the blood-money and uses the mudabbar for what remains of the blood-money."
| USC-MSA web (English) reference | : Book 40, Hadith 7 |
| Arabic reference | : Book 40, Hadith 1502 |