Is the separation in a sale by the bodies or by what?
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The questioner : He says:The questioner : Your Eminence, is the separation by the bodies or by what?
The Shaykh : In what?
The questioner : In the case of a sale?
The Shaykh : Did the hadith say that?
The questioner : No, it did not say anything.
The Shaykh : The questioner is referring to the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 2112 So, is the intended meaning: separation by the bodies or by the words? We say: the definitive ruling is that it is separation by the bodies. If you sell something to a person, you have the option (khiyar) as long as you are both in the same assembly, even if the assembly lasts a long time. For example, if you are on an airplane and he is next to you in the seat and you sell him something, as long as you have not separated, each of you has the option. However, you may cut off the option by saying, "I sold it to you on the condition that you have no option." If he says, "I accept," then he has no option, even if he is in the assembly. This is why it came in the same hadith: Sahih al-Bukhari 2112 If one of them gives the other the option and they agree to the sale on that basis, then the sale is binding. And if they separate before, meaning before they annul the sale, then the sale is binding.
Yes.
The Shaykh : In what?
The questioner : In the case of a sale?
The Shaykh : Did the hadith say that?
The questioner : No, it did not say anything.
The Shaykh : The questioner is referring to the saying of the Prophet (peace and blessings be upon him):
Both the buyer and the seller have the option of canceling or confirming the bargain, as long as they are still together
إذا تبايع الرجلان فكل واحد منهما بالخيار ما لم يتفرقاas long as they are still together; and unless they separate or one of them gives the other the option
ما لم يتفرقا وكانا جميعاً أو يخير أحدهما الآخرYes.