Cases and Depositions - Section 1

English translation

Ibn ‘Abbas reported the Prophet (ﷺ) as saying, “If people were given what they asked when they brought a case some would claim the lives and property of others; but the oath must be taken by the defendant.” Muslim transmitted it. In the commentary on his work by Nawawi it says that in Baihaqi’s version with an <i>isnad</i> which is <i>hasan</i> or <i>sahih</i> there is an addition on the authority of Ibn ‘Abbas which is traced to the Prophet, “But the proof lies on the plaintiff and the oath must be taken by him who rejects the claim.”

English translation

Ibn Mas'ud reported God’s Messenger as saying, “If anyone swears a firm oath, [1] acting wickedly thereby, and appropriates by it property belonging to a Muslim, God will be angry when he meets Him on the day of resurrection.” And God has sent down the verification of that, “Those who barter for a small price God's covenant and their oaths”[2]. (Bukhari and Muslim.) 1. Or an oath he is compelled to take. 2. Al-Qur’an, 3:77

English translation

Abu Umama reported God’s Messenger as saying, “If anyone appropriates by his oath what rightly belongs to a Muslim, God has made hell necessary for him and deprived him of paradise.” A man asked God’s Messenger whether that applied even if it were a small amount, and he replied, “Even if it were a stick from an <i>arak</i> tree.” Muslim transmitted it.

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Umm Salama reported God’s Messenger as saying, “I am only a human being and you bring your disputes to me, some perhaps being more eloquent in their plea than others, so that I give judgment on their behalf according to what I hear from them. Therefore whatever I decide for anyone which by right belongs to his brother he must not take, for I am granting him only a portion of hell.” (Bukhari and Muslim.)

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‘A'isha reported God’s Messenger as saying, “The man who is most hateful to God is the one who quarrels and disputes most.” (Bukhari and Muslim.)

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Ibn ‘Abbas said that God's Messenger gave a decision on the basis of an oath and a single witness. Muslim transmitted it.

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‘Alqama b. Wa’il told on his father’s authority that a man from Hadramaut and man from Kinda came to the Prophet, the Hadrami saying, ‘‘Messenger of God, this man has seized land belonging to me,” and the Kindi saying, “It is my land and in my possession; he has no right to it.” The Prophet (ﷺ) asked the Hadrami if he had any proof, but he replied that he had none, so he told him that he could have the other swear an oath. He replied, “Messenger of God, the man is a reprobate who would swear to anything and stick at nothing,” but he told him that that was his only recourse. The man went off to take an oath, and when he turned his back God’s Messenger said, “If he swears about his property to take it unjustly he will certainly find God turning away from him when he meets Him.” Muslim transmitted it.

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Abu Dharr told that he heard God’s Messenger say, “If anyone claims what is not his he does not belong to us, and let him come to his seat in hell.” Muslim transmitted it.

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Zaid b. Khalid reported God’s Messenger as saying, “Shall I not tell you of the best witness? He is the one who produces his deposition before he is asked for it.” Muslim transmitted it.

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Ibn Mas'ud reported God’s Messenger as saying, “The best of men are my generation, then those who come next to them, then those who come next to them. Afterwards people will come who will give testimony before swearing an oath and swear an oath before giving testimony.” (Bukhari and Muslim.)

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Abu Huraira told that the Prophet (ﷺ) suggested to some people that they should swear an oath and when they hastened to do so he ordered that lots should be cast among them concerning the oath as to who should swear it. Bukhari transmitted it.

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‘Amr b. Shu'aib, on his father’s authority, told that his grandfather reported the Prophet (ﷺ) as saying, “Proof lies on the plaintiff and the oath is to be sworn by the defendant.” Tirmidhi transmitted it.

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Umm Salama told on the Prophet’s authority about two men, who brought a dispute before him about inheritances, but had no proof beyond their claim. He said, “If I give a decision in favour of one respecting what is rightly his brother’s I am allotting him only a portion of hell.” Thereupon both the men said, “Messenger of God, this right of mine may go to my brother,” but he replied, "No; rather go and divide it up, aiming at what is right, then draw lots, and let each of you consider the other to have what is legitimately his.” In a version he said, “I judge between you only by my opinion regarding matters about which no revelation has been sent down to me.” Abu Dawud transmitted it.

English translation

Jabir b. ‘Abdallah told that two men claimed an animal and both of them brought proof that it was his animal, the offspring of one of his beasts. God’s Messenger then gave his decision that it should go to the one who had it in his possession. It is transmitted in <i>Sharh as-sunna</i>.

English translation

Abu Musa al-Ash'ari told that two men laid claim to a camel in the time of God’s Messenger and both of them sent two witnesses, so the Prophet (ﷺ) divided it in halves between them.* Abu Dawud transmitted it. A version by Nasa’i, Ibn Majah and him says that two men laid claim to a camel, but as neither of them could produce proof the Prophet (ﷺ) declared they should share it equally. * I have kept closely to the Arabic in this translation because the alternative version follows immediately afterwards. The meaning of both versions is the same, viz. that both men were to have equal use of the camel.

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Abu Huraira told that two men disputed about an animal but could produce no proof, so the Prophet (ﷺ) said, “Cast lots about the oath.” Abu Dawud and Ibn Majah transmitted it.

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Ibn ‘Abbas told that the Prophet (ﷺ) said to a man whom he had asked to take an oath, “Swear by God than Whom there is no god that you have nothing belonging to him,” i.e. the plaintiff. Abu Dawud transmitted it.

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Al-Ash‘ath b. Qais said:

A Jew and I shared some land and he denied my right, so I took him to the Prophet (ﷺ) who asked me whether I had any proof. When I replied that I had none and he told the Jew to swear an oath, I said, “Messenger of God, he will swear an oath and go off with my property.” Then God most high sent down, “Those who barter for a small price God’s covenant and their oaths . . .” (Al-Qur’an, 3:77) Abu Dawud and Ibn Majah transmitted it.

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He told that a man of Kinda and a man of Hadramaut brought a dispute before God’s Messenger about land in the Yemen. The Hadrami said, “Messenger of God, this man’s father took my land forcibly from me, and it is in his hands.” He asked him if he had any proof, and he replied, “No, but I shall require him to swear by God he does not know it is my land which his father took forcibly from me.” The Kindi was prepared to take the oath, but when God’s Messenger said, “Anyone who appropriates property by an oath will meet God in a maimed condition,” the Kindi said, “It is his land.” Abu Dawud transmitted it.

English translation

‘Abdallah b. Unais reported God’s Messenger as saying, “Among the most serious of major sins are attributing a partner to God, unfilial behaviour, and deliberate perjury. If anyone swears an oath which he is compelled to take (or a firm oath) and introduces into it as much falsehood as a gnat’s wing, a spot will be put in his heart till the day of resurrection.” Tirmidhi transmitted it, saying this is a <i>gharib</i> tradition.

English translation

Jabir reported God’s Messenger as saying, “If anyone swears a false oath near this pulpit of mine, even though it be about a green tooth stick, he will come to his place in hell,” or, “he will certainly go to hell.” Malik, Abu Dawud and Ibn Majah transmitted.

English translation

Khuraim o. Fatik told that when God’s Messenger had finished praying the morning prayer he stood up and said three times, “False witness has been made equivalent to attributing a partner to God. He then recited, “So avoid the abomination of idols and avoid spreading falsehood as people pure of faith to God, not associating anything with Him." (Al-Qur’an, 22:30) Abu Dawud and Ibn Majah transmitted it and Ahmad and Tirmidhi transmitted it on the authority of Aiman b. Khuraim. Ibn Majah did not mention what he recited.

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‘A’isha reported God’s Messenger as saying, “The testimony of a deceitful man or woman, or of one who has been flogged for transgressing the bounds set by God, or of one who harbours rancour against his brother, or of one suspected regarding the patrons he claims or relationship, or of one who is dependent on a family is not allowable." Tirmidhi transmitted it, saying this is a <i>gharib</i> tradition and that the traditions of Yazid b. Ziyad ad-Dimashqi, the transmitter, are rejected.

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‘Amr b. Shu'aib, on his father’s authority, told that his grandfather reported the Prophet (ﷺ) as saying, “The testimony of a deceitful man or woman, or of an immoral man or woman, or of one who harbours rancour against his brother is not allowable," and he rejected the testimony of one who is dependent on a family. Abu Dawud transmitted it.

English translation

Abu Huraira reported God's Messenger as saying, “The testimony of a nomadic Arab against a townsman is not allowable." Abu Dawud and Ibn Majah transmitted it.