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Hadith 3545

حَدَّثَنَا مُحَمَّدُ بْنُ رَافِعٍ ، حَدَّثَنَا يَحْيَى بْنُ آدَمَ ، حَدَّثَنَا زُهَيْرٌ ، عَنْ أَبِي الزُّبَيْرِ ، عَنْ جَابِرٍ ، قَالَ : قَالَتِ امْرَأَةُ بَشِيرٍ : انْحَلِ ابْنِي غُلَامَكَ ، وَأَشْهِدْ لِي رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَأَتَى رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ : إِنَّ ابْنَةَ فُلَانٍ ، سَأَلَتْنِي أَنْ أَنْحَلَ ابْنَهَا غُلَامًا ؟ ، وَقَالَتْ لِي : أَشْهِدْ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ : لَهُ إِخْوَةٌ ؟ ، فَقَالَ : نَعَمْ ، قَالَ : فَكُلَّهُمْ أَعْطَيْتَ مِثْلَ مَا أَعْطَيْتَهُ ؟ ، قَالَ : لَا ، قَالَ : فَلَيْسَ يَصْلُحُ هَذَا ، وَإِنِّي لَا أَشْهَدُ إِلَّا عَلَى حَقٍّ " .
Narrated Jabir: Bashir's wife said (to her husband): Give my son your slave, and call the Messenger of Allah ﷺ as witness for me. So he came to the Messenger of Allah ﷺ and said: The daughter of so-and-so has asked me to give her som my slave and said to me: Call the Messenger of Allah ﷺ as witness for her. He asked: Has he brothers? He replied: Yes. He again asked: Has he given them all the same as you have given him? He replied: No. He said: This is not good, and I will be a witness to what it right.
Hadith Reference سنن ابي داود / كتاب الإجارة / 3545
Hadith Grading الألبانی: صحيح  |  زبیر علی زئی: صحيح مسلم (1624)
Hadith Takhrij « صحیح مسلم/الھبات 3 (1624)، (تحفة الأشراف: 2720)، وقد أخرجہ: مسند احمد (3/326) (صحیح) »
Related hadith on this topic
Brief Explanation
1؎ : From this hadith it is clear that justice and fairness among children is obligatory, and to give preference to or single out some of them over others without a valid Shar‘i (Islamic legal) excuse is haram (forbidden) and impermissible.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit.
It is recommended (mustahabb) to appoint witnesses in important matters.
And testimony should always be given upon truth and justice; to become a witness in a matter of oppression is also impermissible and forbidden (haram).
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3545
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: When a person is on a journey and, due to some necessity or reason, needs to complete the journey as quickly as possible, he can adopt three methods for performing the prayer:

➊ Advance Combination (Jam‘ Taqdim): He may perform two prayers—Dhuhr and ‘Asr—together at the time of Dhuhr, and Maghrib and ‘Isha’ together at the time of Maghrib.

➋ Delayed Combination (Jam‘ Ta’khir): He may perform two prayers—Dhuhr and ‘Asr—together at the time of ‘Asr, and Maghrib and ‘Isha’ together at the time of ‘Isha’.

➌ He may perform Dhuhr and ‘Asr in such a way that he delays Dhuhr until its last time, so that upon completing it, the time for ‘Asr has begun. In this way, Dhuhr is performed at its last time, and ‘Asr is performed at the beginning of its time. However, both prayers are performed within their respective times. The same method is adopted for Maghrib and ‘Isha’: Maghrib is performed at its last time, and ‘Isha’ at the beginning of its time.

From the ahadith, the first two methods are established for travel. In both these cases, there is a real combination (jam‘ haqiqi), meaning that one prayer is performed in the time of the other.

And the three Imams—Imam Shafi‘i rahimahullah, Imam Ahmad rahimahullah, and Imam Malik rahimahullah—are proponents of this.

However, according to the Hanafis, the first method is specific only to ‘Arafat with Dhuhr and ‘Asr, meaning that ‘Asr is performed at the time of Dhuhr, and the second method is specific to Muzdalifah with Maghrib and ‘Isha’, meaning that Maghrib is performed at the time of ‘Isha’. Apart from these two places, real combination (jam‘ haqiqi) is not permissible, and they interpret, without valid reason, the ahadith that indicate the permissibility of real combination.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 1624