Hadithcore
Sahih al-Bukhari, 2514
sahih

Narrated Ibn Abu Mulaika:

I wrote a letter to Ibn `Abbas and he wrote to me that the Prophet (ﷺ) had given the verdict that the defendant had to take an oath.

حَدَّثَنَا خَلاَّدُ بْنُ يَحْيَى، حَدَّثَنَا نَافِعُ بْنُ عُمَرَ، عَنِ ابْنِ أَبِي مُلَيْكَةَ، قَالَ كَتَبْتُ إِلَى ابْنِ عَبَّاسٍ فَكَتَبَ إِلَىَّ أَنَّ النَّبِيَّ صلى الله عليه وسلم قَضَى أَنَّ الْيَمِينَ عَلَى الْمُدَّعَى عَلَيْهِ‏.‏

References2 variants
In-Book Reference
Book 48, Hadith 7
USC-MSA web (English) reference
Vol. 3, Book 45, Hadith 691 (deprecated numbering scheme)
Sharh · explanationclick to expand
Islam has laid out foundations and rules that govern the litigation process to ensure that people would not wrong one another. This hadeeth highlights a fundamental principle in the litigation process, namely that an oath is required of a defendant, whereas the provision of evidence is required of the plaintiff (i.e., the onus of proof is upon a claimant, and taking an oath is incumbent on those who deny). This means that when two parties dispute, and one of them claims that the other owes him money, the claimant (plaintiff) is obligated to bring forth evidence substantiating his claim. If he fails to bring forth evidence to prove it, the defendant is only required to take an oath to deny what the plaintiff claimed against him. The wisdom behind requesting the plaintiff to support his claim with evidence, and the defendant to deny it by an oath is that the plaintiff’s stance is weak, because his claim is contrary to the outward appearance, and therefore he is requested to provide a strong argument, namely, a proof to substantiate his claim. On the other hand, the defendant’s stance is stronger, because the basic principle is that his liability is cleared from any given accusations (unless proven otherwise with supportive evidence). Therefore, a defendant is only required to present a weak argument, namely, an oath, because an oath-taker brings benefit for himself and wards off harm, and this reflects the great wisdom of the Laws of Islam in this regard..
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