this is permissible, and he has the option [to annul] if he was deceived, but if he was not deceived, he has no option. This is because a man mentioned to the Prophet (peace and blessings of Allah be upon him) that he was deceived in sales, so he said: "If you trade, say: 'No deception' (la khilaba)." Agreed upon (30). And in the narration of Muslim: "Whomever you trade with, say: 'No deception'." Thus, whenever he traded, he would say: "No deception." It is possible that he has no option (31), and that this report was specific to Habban; because it was narrated that he lived until the time of Uthman, may Allah be pleased with him, and he used to trade with people then dispute with them. Some of the Companions would pass by him, and he would say to the one he was disputing with: "Woe to you! The Prophet (peace and blessings of Allah be upon him) granted him an option of three [days] (32)." This indicates that it was specific to him; because if it were for people in general, he would have said to the one he was disputing with: "The Prophet (peace and blessings of Allah be upon him) granted the option to whoever says: 'No deception'." Some of the companions of al-Shafi'i said: If both of them knew that this expression refers to the three-day option, it is established; if one of them knew but not the other, there are two views. This is because it was narrated that Habban ibn Munqidh ibn Amr was constantly being cheated, so he came to the Prophet (peace and blessings of Allah be upon him) and mentioned that to him, and he said to him: "If you trade, say: 'No deception', then you are, in every item you purchase, entitled to an option for three nights; if you are pleased, keep it, and if you are displeased, return it to its owner" (32). What is established regarding one of the Companions is established regarding all people, unless there is evidence for its specification.
(30) Recorded by al-Bukhari in: Chapter on what is disliked regarding deception in sales, from the Book of Sales; and in: Chapter on what is forbidden regarding squandering wealth..., from the Book of Loans; and in: Chapter on rejecting the command of a foolish or simple-minded person even if the Imam has not placed him under interdiction..., from the Book of Disputes; and in: Chapter on what is forbidden regarding deception in sales, from the Book of Ruses. Sahih al-Bukhari 3/85, 86, 157, 159, 9/31. And Muslim in: Chapter on one who is deceived in sales, from the Book of Sales. Sahih Muslim 3/1165. It was also recorded by Abu Dawud in: Chapter on a man who says at the time of sale 'No deception', from the Book of Sales. Sunan Abi Dawud 2/253. And al-Tirmidhi in: Chapter on what has come regarding one who is deceived in sales, from the Chapters on Sales. Aridat al-Ahwadhi 5/257. And al-Nasa'i in: Chapter on deception in sales, from the Book of Sales. Al-Mujtaba 7/222. And Ibn Majah in: Chapter on interdiction for one who ruins his wealth, from the Book of Legal Rulings. Sunan Ibn Majah 2/788. And Imam Malik in: Chapter on miscellaneous sales, from the Book of Sales. Al-Muwatta 2/685. And Imam Ahmad in: Al-Musnad 2/72, 80, 129, 130. (31) In M: "al-khiyar" (the option). (32) The verification of his hadith was previously mentioned on page 38.