Is the stipulation of 'no deception' (la khilabah) during a contract valid?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
The stipulation of 'la khilabah' during a contract is permissible. Imam Ahmad held that this stipulation grants the buyer the option (khiyar) to revoke the sale if deception occurred, but if no deception occurred, there is no option. The evidence cited is the Prophet's instruction to the man who complained of being deceived in sales: 'When you conduct a sale, say: la khilabah.' This hadith is Muttafaqun 'alayh (agreed upon by Bukhari and Muslim), and Muslim's narration states: 'Whoever you transact with, say: la khilabah.' The Prophet himself acted upon this, saying it when he sold.
Supporting text
A view suggests that this instruction and the resulting option might be specific only to Hibban, because it is narrated that he was continually cheated until the time of Uthman, and when he disputed sales, some Companions would affirm his right based on the Prophet granting him the option for three days. Some Shafi'i scholars suggested that the option for three days is established only if both parties knew this phrase implied the option of three days; if only one knew, there are two interpretations.