Hadithcore
Sunan Ibn Majah, 2038
da’if· Darussalam

It was narrated from 'Amr bin Shu'aib, from his father, from his grandfather, that:

the Prophet (ﷺ) said: "If a woman claims that her husband has divorced her, and she brings a witness of good character (to testify) to that, her husband should be asked to swear an oath. If he swears, that will invalidate the testimony of the witness, but if he refuses then that will be equivalent to a second witness, and the divorce will take effect."

حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى، حَدَّثَنَا عَمْرُو بْنُ أَبِي سَلَمَةَ أَبُو حَفْصٍ التَّنِّيسِيُّ، عَنْ زُهَيْرٍ، عَنِ ابْنِ جُرَيْجٍ، عَنْ عَمْرِو بْنِ شُعَيْبٍ، عَنْ أَبِيهِ، عَنْ جَدِّهِ، عَنِ النَّبِيِّ ـ صلى الله عليه وسلم ـ قَالَ ‏

‏ إِذَا ادَّعَتِ الْمَرْأَةُ طَلاَقَ زَوْجِهَا فَجَاءَتْ عَلَى ذَلِكَ بِشَاهِدٍ عَدْلٍ اسْتُحْلِفَ زَوْجُهَا فَإِنْ حَلَفَ بَطَلَتْ شَهَادَةُ الشَّاهِدِ وَإِنْ نَكَلَ فَنُكُولُهُ بِمَنْزِلَةِ شَاهِدٍ آخَرَ وَجَازَ طَلاَقُهُ ‏

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References2 variants
In-Book Reference
Book 10, Hadith 23
English Reference
Vol. 3, Book 10, Hadith 2038
Sharh · explanationclick to expand
The principles of Islamic law regulate buying, selling, and partnerships to minimize disagreements and safeguard everyone’s rights.In this Hadith, Ibn `Abbas (may Allah be pleased with him) narrates that the Prophet (peace and blessings of Allah be upon him) said: "Whoever has land and wants to sell it should offer it to his neighbor," meaning: he should inform his neighbor of his desire to sell first, and the neighbor has the right of pre-emption (Shuf`ah). If he wishes, he may buy it, or he may waive this right, allowing the owner to sell to someone else. The neighbor here is general and includes Muslims, non-Muslims, and people of the covenant (Dhimmi). In a narration by Abu Dawud from the Hadith of Jabir ibn `Abdullah (may Allah be pleased with him): "The neighbor has more right to the pre-emption of his neighbor's property. He should wait for it even if he is absent, provided their pathway is shared." This does not mean that the seller waits for him and does not sell, but rather that the buyer waits regarding the termination of the pre-emption right and needs his permission for that. His statement "provided their pathway is shared" indicates that pre-emption applies when they share the same pathway. It has been said that the Messenger of Allah (peace and blessings of Allah be upon him) established pre-emption for what has not been divided, but once boundaries are established and pathways are separated, there is no pre-emption. Allah has made the right of the pre-emptor mandatory and established it through the tongue of His Messenger (peace and blessings of Allah be upon him). If the buyer presents him with the choice to take it or leave it, one of the two options becomes binding upon him, and it is the judge's duty to compel him to choose one of the two options, because he has been given his right, so he should not waste it. This would waste wealth; he must either take it or allow someone else to have it. Otherwise, he is being deceitful and insincere to his brother, who has treated him fairly.It has been said that the wisdom in establishing pre-emption is to remove harm from the neighbor. This Hadith establishes the right of pre-emption for the neighbor..