Juz Hadith al-Mutabayiayn bil-Khiyar
- Author died
- 656 AH
- Editions
- Ibn Hazm
Juz Hadith al-Mutabayiayn bil-Khiyar (Monograph on the Hadith of the Two Transacting Parties Having the Right of Option) is a specialized hadith tract compiled by the Egyptian hadith master and Shafi'i scholar Abd al-Azim al-Mundhiri (581–656 AH / 1185–1258 CE) . The monograph is dedicated to the transmission, chains of narration, and legal substance of the famous prophetic tradition establishing contractual option in sales .
Central Hadith and Legal Significance
The core tradition examined in the work is reported on the authority of Abdullah ibn Umar from the Prophet ﷺ: الْمُتَبَايِعَانِ كُلُّ وَاحِدٍ مِنْهُمَا عَلَى صَاحِبِهِ بِالْخِيَارِ، مَا لَمْ يَتَفَرَّقَا، إِلَّا بَيْعَ الْخِيَارِ ("The two transacting parties each have the right of option against the other as long as they have not parted, except for the sale of option") .
This hadith serves as a foundational proof text in Islamic jurisprudence for the doctrine of khiyar al-majlis (the option of the contract session), which grants both the buyer and seller the right to confirm or rescind an agreement before they physically separate from one another . The rule was adopted by the majority of early authorities and jurists, including al-Shafi'i, Ahmad ibn Hanbal, Ishaq ibn Rahwayh, and al-Awza'i, whereas Malik ibn Anas and Abu Hanifa held that contracts become binding upon offer and acceptance without session option .
Chain of Transmission
A prominent feature of al-Mundhiri's transmission of this hadith is its famous pedigree as an unbroken chain comprised entirely of Shafi'i jurists (musalsal bi-l-fuqaha'), tracing back through distinguished scholars of the school . Al-Mundhiri narrated it from his teacher the hadith master Ali ibn al-Mufaddal, from Abu Tahir al-Silafi, from Ilkiya al-Harrasi, from Imam al-Haramayn al-Juwayni, from his father Abu Muhammad al-Juwayni, from Abu Bakr al-Hiri (and in other recensions Abu Bakr al-Jizi), from Abu al-Abbas al-Asamm, from al-Rabi' ibn Sulayman, from Imam Muhammad ibn Idris al-Shafi'i, from Malik ibn Anas, from Nafi', from Abdullah ibn Umar, from the Prophet ﷺ .
Subsequent scholars, including Abd al-Mumin al-Dimyati, Taqi al-Din al-Subki, Siraj al-Din Umar ibn Raslan al-Bulqini, and Jalal al-Din al-Suyuti, regularly transmitted and cited this specific isnad through al-Mundhiri's narration as a prime example of a legally continuous, high-ranking chain of transmission .
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