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سنن ابي داود
Abu Dawud
كتاب الأيمان والنذورOaths and Vows (Kitab Al-Aiman Wa Al-Nudhur)
باب فِيمَنْ حَلَفَ يَمِينًا لِيَقْتَطِعَ بِهَا مَالاً لأَحَدٍChapter: One Who Swears An Oath In Order To Usurp The Wealth Of Another.
Hadith 3245
اُردوEn
حَدَّثَنَا هَنَّادُ بْنُ السَّرِيِّ ، حَدَّثَنَا أَبُو الْأَحْوَصِ ، عَنْ سِمَاكٍ ، عَنْ عَلْقَمَةَ بْنِ وَائِلِ بْنِ حُجْرٍ الْحَضْرَمِيِّ ، عَنْ أَبِيهِ ، قَالَ : " جَاءَ رَجُلٌ مِنْ حَضْرَمَوْتَ ، وَرَجُلٌ مِنْ كِنْدَةَ إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ الْحَضْرَمِيُّ : يَا رَسُولَ اللَّهِ ، إِنَّ هَذَا غَلَبَنِي عَلَى أَرْضٍ كَانَتْ لِأَبِي ، فَقَالَ الْكِنْدِيُّ : هِيَ أَرْضِي فِي يَدِي أَزْرَعُهَا ، لَيْسَ لَهُ فِيهَا حَقٌّ ، قَالَ : فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لِلْحَضْرَمِيِّ : أَلَكَ بَيِّنَةٌ ؟ ، قَالَ : لَا ، قَالَ : فَلَكَ يَمِينُهُ ؟ ، قَالَ : يَا رَسُولَ اللَّهِ ، إِنَّهُ فَاجِرٌ لَا يُبَالِي مَا حَلَفَ عَلَيْهِ ، لَيْسَ يَتَوَرَّعُ مِنْ شَيْءٍ ، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : لَيْسَ لَكَ مِنْهُ إِلَّا ذَاكَ ، فَانْطَلَقَ لِيَحْلِفَ لَهُ ، فَلَمَّا أَدْبَرَ ، قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : أَمَا لَئِنْ حَلَفَ عَلَى مَالٍ لِيَأْكُلَهُ ظَالِمًا ، لَيَلْقَيَنَّ اللَّهَ عَزَّ وَجَلَّ وَهُوَ عَنْهُ مُعْرِضٌ " .
Narrated Alqamah bin Wail bin Hujr al-Hadrami: On the Authority of his father: A man from Hadramawt and a man of Kindah came to the Messenger of Allah ﷺ. Al-Hadrami said: Messenger of Allah, this (man) took away forcibly from me the land which belongs to my father. Al-Kindi said: It is my land in my possession, and I cultivate it, he has no right to it. The Prophet ﷺ then said to al-Hadrami: Have you any proof ? He said: No. He then said: So for you is his oath. He said: Messenger of Allah, he is liar, he does not care for which he is taking the oath. He does not refrain himself from anything. The Prophet ﷺ said: You will have nothing from him except that. He went to take an oath for him. When he turned his back, the Messenger of Allah ﷺ said: If he takes an oath on the property to take it away by unfair means, he will meet Allah while He is unmindful of him.
Related hadith on this topic
Brief Explanation
1؎: That is, He will not turn His attention towards him. What greater punishment can there be for a servant than that his Master does not pay attention to him?
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
In any case between two parties, if there is an assumption about a righteous person that he will speak the truth, and a suspicion about a sinner that he will lie, both are equal before the judge. Their case will be decided according to the principles of Shariah: the claimant must present witnesses, or the defendant must take an oath. (Khatabi)
➋
In any dispute (conflict), the parties accusing each other of lying, betrayal, or oppression, etc., are such matters that no claim regarding them can be accepted. (Khatabi)
➌
No matter which religion or community the defendant belongs to, an oath will be taken from him that will be accepted.
➍
The reproach for a false oath is extremely severe.
➊
In any case between two parties, if there is an assumption about a righteous person that he will speak the truth, and a suspicion about a sinner that he will lie, both are equal before the judge. Their case will be decided according to the principles of Shariah: the claimant must present witnesses, or the defendant must take an oath. (Khatabi)
➋
In any dispute (conflict), the parties accusing each other of lying, betrayal, or oppression, etc., are such matters that no claim regarding them can be accepted. (Khatabi)
➌
No matter which religion or community the defendant belongs to, an oath will be taken from him that will be accepted.
➍
The reproach for a false oath is extremely severe.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3245
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Vocabulary of the Hadith:
(1)
AZWAD:
Plural of "zad," meaning provisions for the journey, supplies.
(2)
HAMA’IL:
Plural of "hamulah," meaning camels used for carrying loads or riding camels.
(3)
AL-NAWA:
Plural of "nawah," meaning date pits.
(4)
AZWIDAH:
Plural of "zad," meaning provisions, but here it refers to provision bags, or it is with an omitted annexation, i.e., "the containers of their provisions."
(5)
NADIH:
Plural of "nadihah," meaning camels used for drawing water; the masculine is "nadih" and the feminine is "nadihah."
(6)
IDDAHANNA:
Its apparent meaning is to apply oil, but here what is meant is to make oil from the fat of camels.
(7)
AL-ZAHR:
Mount, because one rides on its back or derives strength and assistance from it during travel.
(8)
FADL:
That which is left over.
(9)
NITA’:
A leather dining mat.
Benefits and Issues:
The Prophet (sallallahu alayhi wa sallam) accepted the suggestion of Umar (radi Allahu anhu) and ordered the people to gather their leftover provisions, and he supplicated for blessing upon it. Allah, the Exalted, placed blessing in it. From this, it is understood that if a subordinate gives an appropriate and correct suggestion to a superior, it should be accepted. One should not stubbornly insist on one’s own opinion without reason, nor should one make it an issue of self-respect.
Vocabulary of the Hadith:
(1)
AZWAD:
Plural of "zad," meaning provisions for the journey, supplies.
(2)
HAMA’IL:
Plural of "hamulah," meaning camels used for carrying loads or riding camels.
(3)
AL-NAWA:
Plural of "nawah," meaning date pits.
(4)
AZWIDAH:
Plural of "zad," meaning provisions, but here it refers to provision bags, or it is with an omitted annexation, i.e., "the containers of their provisions."
(5)
NADIH:
Plural of "nadihah," meaning camels used for drawing water; the masculine is "nadih" and the feminine is "nadihah."
(6)
IDDAHANNA:
Its apparent meaning is to apply oil, but here what is meant is to make oil from the fat of camels.
(7)
AL-ZAHR:
Mount, because one rides on its back or derives strength and assistance from it during travel.
(8)
FADL:
That which is left over.
(9)
NITA’:
A leather dining mat.
Benefits and Issues:
The Prophet (sallallahu alayhi wa sallam) accepted the suggestion of Umar (radi Allahu anhu) and ordered the people to gather their leftover provisions, and he supplicated for blessing upon it. Allah, the Exalted, placed blessing in it. From this, it is understood that if a subordinate gives an appropriate and correct suggestion to a superior, it should be accepted. One should not stubbornly insist on one’s own opinion without reason, nor should one make it an issue of self-respect.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 139
