Hadithcore
Sahih Muslim, 139 a
sahih

It is narrated on the authority of Wa'il that there came a person from Hadramaut and another one from Kinda to the Messenger (ﷺ). One who had come from Hadramaut said:

Messenger of Allah, only this man has appropriated my land which belonged to my father. The one who had came from Kinda contended. This is my land and is in my possession: I cultivate it. There is no right for him in it. The Messenger of Allah said to the Hadramite: Have you any evidence (to support you)? He replied in the negative. He (the Messenger of Allah) said: Then your case is to be decided on his oath. He (the Hadramite) said: Messenger of Allah, he is a liar and cares not what he swears and has no regard for anything. Upon this he (the Messenger of Allah) remarked: For you then there is no other help to it. He (the man from Kinda) set out to take an oath. When he turned his back the Messenger of Allah (ﷺ) observed: If he took an oath on his property with a view to usurping it, he would certainly meet his Lord in a state that He would turn away from him.

حَدَّثَنَا قُتَيْبَةُ بْنُ سَعِيدٍ، وَأَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ وَهَنَّادُ بْنُ السَّرِيِّ وَأَبُو عَاصِمٍ الْحَنَفِيُّ - وَاللَّفْظُ لِقُتَيْبَةَ - قَالُوا حَدَّثَنَا أَبُو الأَحْوَصِ، عَنْ سِمَاكٍ، عَنْ عَلْقَمَةَ بْنِ وَائِلٍ، عَنْ أَبِيهِ، قَالَ جَاءَ رَجُلٌ مِنْ حَضْرَمَوْتَ وَرَجُلٌ مِنْ كِنْدَةَ إِلَى النَّبِيِّ صلى الله عليه وسلم فَقَالَ الْحَضْرَمِيُّ يَا رَسُولَ اللَّهِ إِنَّ هَذَا قَدْ غَلَبَنِي عَلَى أَرْضٍ لِي كَانَتْ لأَبِي ‏.‏ فَقَالَ الْكِنْدِيُّ هِيَ أَرْضِي فِي يَدِي أَزْرَعُهَا لَيْسَ لَهُ فِيهَا حَقٌّ ‏.‏ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم لِلْحَضْرَمِيِّ ‏"‏ أَلَكَ بَيِّنَةٌ ‏"‏ ‏.‏ قَالَ لاَ ‏.‏ قَالَ ‏"‏ فَلَكَ يَمِينُهُ ‏"‏ ‏.‏ قَالَ يَا رَسُولَ اللَّهِ إِنَّ الرَّجُلَ فَاجِرٌ لاَ يُبَالِي عَلَى مَا حَلَفَ عَلَيْهِ وَلَيْسَ يَتَوَرَّعُ مِنْ شَىْءٍ ‏.‏ فَقَالَ ‏"‏ لَيْسَ لَكَ مِنْهُ إِلاَّ ذَلِكَ ‏"‏ فَانْطَلَقَ لِيَحْلِفَ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم لَمَّا أَدْبَرَ ‏"‏ أَمَا لَئِنْ حَلَفَ عَلَى مَالِهِ لِيَأْكُلَهُ ظُلْمًا لَيَلْقَيَنَّ اللَّهَ وَهُوَ عَنْهُ مُعْرِضٌ ‏"‏ ‏.‏

References2 variants
In-Book Reference
Book 1, Hadith 265
USC-MSA web (English) reference
Book 1, Hadith 257 (deprecated numbering scheme)
Sharh · explanationclick to expand
Islam established the relationship among people based on honesty, so a Muslim is faithful to his rights and others’ rights, but some people may betray and swear sacred oaths to usurp what does not belong to them, especially if the holder of the right does not have clear proof. In this hadith, Wa’el ibn Hujr narrated that a man from Hadramout, a Yemen town near Aden, and another one from Kinda, a Yamen tribe, came to the Prophet ﷺ to seek his arbitration about a land that they both claimed ownership. The first said, “This man has appropriated my land which belonged to my father,” but the other said, ‘It is my land in my possession. I am cultivating it. He has no right to have it.” The Prophet ﷺ asked the first for his proof of ownership but he answered that he had none. The Prophet ﷺ replied that the case would be decided on his (the man from Kinda) oath that the land belonged to him. As a result, the first man confirmed that the other one was an immoral person who did not care about what he swore to and willingly usurped people's belongings. The Prophet ﷺ explained that the only solution to prover ownership was that the first one provided evidence or the other one took an oath. When he (the man from Kinda) was about to take an oath, the Prophet ﷺ commented, “If he took an oath to usurp his property unjustly, he would certainly find Allah turning away from him.” In a narration in Sahih Muslim, he said, “Allah will be angry with him when he meets Him.” It is severe Prophetic intimidation against those daring to usurp people’s rights by taking false oaths to apparently make them permissible, which leads them to be expelled from Allah’s mercy. In Sunan Abu Daoud, Al-Ash’ath ibn Qais narrated that the man from Kinda tribe, after the Prophet’s warning, changed his mind and said, “It is his land.” Although Islam’s judgment is based on apparent proofs and oaths even if this leads to giving the right to the wrong person, taking false oaths is one of the major sins in Islam. Finally, this hadith contains the following benefits: (1) It severely warns against taking false oaths, especially to usurp people’ rights, (2) Islam’s judgment is based on oaths and proofs, not claims, (3) It is recommended that a judge alerts those falsely swearing to bring them back to the truth, and (4) A judge should equally deal with the two parts during his process of seeking oaths and proofs..
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