Sahih al-Bukhari, 2674
sahihNarrated Abu Huraira:
The Prophet (ﷺ) asked some people to take an oath, and they hurried for it. The Prophet (ﷺ) ordered that lots should be drawn amongst them as to who would take an oath first.
حَدَّثَنَا إِسْحَاقُ بْنُ نَصْرٍ، حَدَّثَنَا عَبْدُ الرَّزَّاقِ، أَخْبَرَنَا مَعْمَرٌ، عَنْ هَمَّامٍ، عَنْ أَبِي هُرَيْرَةَ ـ رضى الله عنه ـ أَنَّ النَّبِيَّ صلى الله عليه وسلم عَرَضَ عَلَى قَوْمٍ الْيَمِينَ فَأَسْرَعُوا، فَأَمَرَ أَنْ يُسْهَمَ بَيْنَهُمْ فِي الْيَمِينِ أَيُّهُمْ يَحْلِفُ.
Isnad
5 transmittersReferences2 variants
- In-Book Reference
- Book 52, Hadith 36
- USC-MSA web (English) reference
- Vol. 3, Book 48, Hadith 840 (deprecated numbering scheme)
Sharh · explanationclick to expand
The Laws of Islam of Islam clearly outlined the proper way to settle legal disputes, especially in the absence of clear evidence that warrants judging in favor of one litigant, namely, by oath-taking. Stern warnings have been reported about making false oaths, and many Laws of Islam texts warned against the severe punishment for such an act in the Hereafter. In this hadeeth, It was narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) that two people (litigants) referred their dispute to the Prophet ﷺ, and none of them had evidence conclusively substantiating his right, or such evidence was false and inadmissible. The Prophet ﷺ offered them to take an oath; each litigant would be requested to take an oath while the other remained silent, out of reverence for the oath. When he ﷺ saw each of them hastening to take the oath first, he ﷺ ordered that lots should be drawn to choose the one who should take an oath first, and accordingly would be declared entitled to the disputed property or right. It was said that the Prophet ﷺ only commanded that lots should be drawn to choose the one who should take an oath first after he ﷺ saw them both hastening to take the oath, lest they should take two oaths at the same time and thus the litigant who had the right to the disputed property would lose his right to it. Rather, each litigant is entitled to take an oath independently. When the litigants are equally entitled to a disputed right or property, none of them should be given the chance to take the oath first to claim the right or refute the accusations made against him (and accordingly become legally entitled to the disputed right or property) except after employing the method of lot-casting. It is an act of Sunnah to opt for casting lots in such situations, and it is prescribed and applicable when both litigants are equally entitled to a disputed right or property (and unable to provide conclusive or admissible evidencesubstantiating their rights). The hadeeth highlights the seriousness (and solemnity) of oath-taking in Islam. .