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Hadith 3574

حَدَّثَنَا عُبَيْدُ اللَّهِ بْنُ عُمَرَ بْنِ مَيْسَرَةَ ، حَدَّثَنَا عَبْدُ الْعَزِيزِ يَعْنِي ابْنَ مُحَمَّدٍ ، أَخْبَرَنِي يَزِيدُ بْنُ عَبْدِ اللَّهِ بْنِ الْهَادِ ، عَنْ مُحَمَّدِ بْنِ إِبْرَاهِيمَ ، عَنْ بُسْرِ بْنِ سَعِيدٍ ، عَنْ أَبِي قَيْسٍ مَوْلَى عَمْرِو بْنِ الْعَاصِ ، عَنْ عَمْرِو بْنِ الْعَاصِ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " إِذَا حَكَمَ الْحَاكِمُ ، فَاجْتَهَدَ فَأَصَابَ فَلَهُ أَجْرَانِ وَإِذَا حَكَمَ فَاجْتَهَدَ فَأَخْطَأَ فَلَهُ أَجْرٌ " ، فَحَدَّثْتُ بِهِ أَبَا بَكْرِ بْنِ حَزْمٍ ، فَقَالَ : هَكَذَا حَدَّثَنِي أَبُو سَلَمَةَ ، عَنْ أَبِي هُرَيْرَة .
Narrated Buraidah: The Prophet ﷺ as saying: "Judges are of three types, one of who will go to Paradise and two to Hell. The one who will go to Paradise is a man who knows what is right and gives judgement accordingly; by a man who knows what is right and acts tyrannically in his judgement will go to Hell; and a man who gives judgement for people when he is ignorant will go to Hell. " Abu Dawud said: On this subject this is the soundest tradition, that is m the tradition of Ibn Buraidah: Judges are of three types.
Hadith Reference سنن ابي داود / كتاب الأقضية / 3574
Hadith Grading الألبانی: صحيح  |  زبیر علی زئی: صحيح بخاري (7352) صحيح مسلم (1716)
Hadith Takhrij « صحیح البخاری/الاعتصام 21(7352)، صحیح مسلم/الأقضیة 6 (1716)، سنن ابن ماجہ/الأحکام 3 (2314)، (تحفة الأشراف: 15437، 10748)، وقد أخرجہ: مسند احمد (4/198، 204) (صحیح) »
Brief Explanation
1؎: That is, when a ruler or judge, after deliberation, derives a ruling from the Qur’an, Hadith, and consensus (ijma‘), then if his decision is correct, he will have a double reward; and if his decision is incorrect, even then he will have one reward. After striving, if he errs or makes a mistake, he is not blameworthy. Similarly, if an issue is not explicitly mentioned in the Qur’an, Hadith, or the consensus of the Ummah, and a qualified scholar (mujtahid) derives a ruling after reflecting upon the Qur’an and Hadith, and if his ruling is correct, he will be deserving of double reward; and if he errs in the matter, he will be deserving of one reward. However, the condition is that the scholar must possess the capability and qualification for ijtihad (independent juristic reasoning) in the issue under consideration.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: This glad tidings is for that judge
who is a person of knowledge, exercises ijtihad (independent juristic reasoning),
is well aware of the responsibilities of this position,
fears Allah,
and is not desirous of this office.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3574
Maulana Dawood Raz
Hadith Commentary:
That is, he narrated it mursal (with a missing link), while his father narrated it with a connected chain (mawsul).

From this hadith, it is derived that in every issue, the truth is only one matter, but if a mujtahid (independent jurist) makes a mistake, even then he will not be held accountable; rather, he will receive reward and merit.

This is in the case when the mujtahid does not knowingly go against a text (nass) or consensus (ijma‘); otherwise, he will be sinful and his uprightness (‘adalah) will be lost.

As has been mentioned above.

Some have also derived from this hadith that every judge (qadi) should be a mujtahid; otherwise, his judgment will not be valid.

This is the view of the Ahl al-Hadith, and this is the preferred (rajih) opinion. The Hanafis have also considered the judgment of a muqallid (imitator/follower) judge to be valid, and have said that it is not permissible for a muqallid to give a ruling contrary to the verdict of his imam, but there is no evidence for this.

It is possible that a person is a muqallid in some issues and a mujtahid in others. In the issue in which a person thoroughly examines all the evidences, he becomes a mujtahid in that issue, and when he has become a mujtahid in that issue, then taqlid (imitation) is not correct for him in that matter; rather, he should act upon the evidence.

This is the true and correct opinion, and whoever has opposed this—saying that even after knowing the evidence, one should remain firm upon the statement of his imam—his statement is unreasonable and incorrect.

After knowing the evidence, it is necessary to follow the evidence, and taqlid is not permissible. Allah, the Exalted, has repeatedly condemned such muqallids in the Qur’an who, even after knowing the evidence, persisted in taqlid.

This is clear ignorance and injustice.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 7352
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:

It is understood from this hadith that the truth is only one.
If, in the process of seeking the truth, a mistake or error occurs, the reward for seeking the truth will not be lost.
This applies in the case where the mujtahid, while seeking the truth, does not deliberately go against an explicit text (nass) or the consensus (ijma‘) of the Ummah.
If he deliberately violates them, then he will be sinful and his uprightness (‘adalah) will also be lost.


It is also understood from this hadith that a judge (qadi) should be a mujtahid; the judgment of a muqallid (blind follower) is not permissible, because a muqallid only adopts the statement of his imam and does not go beyond it, whereas after the evidence becomes clear, it is necessary to follow it, even if it is contrary to his imam.
Allah, the Exalted, has condemned such muqallids in the Noble Qur’an who, even after the truth and evidence become clear, persist in ancestral imitation (taqlid).
To do so is manifest ignorance and clear injustice.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 7352
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: (1)
No matter how great and exalted a person may be, and no matter how much reverence and love people have for him, if there is no harmony between his words and actions, but rather a contradiction, then the observer becomes perplexed and astonished because of this, and naturally desires that there should be consistency between his words and actions, not contradiction. And today, the contradiction between our words and actions has become a norm, due to which the impact of our words has vanished and the Ummah has fallen into ruin.

(2)
Rasulullah sallallahu alayhi wa sallam had this distinction and special quality that, even if he had performed the prayer sitting down despite having the ability (to stand), he sallallahu alayhi wa sallam would have received the full reward. However, he sallallahu alayhi wa sallam generally performed the prayer sitting only due to weakness and infirmity, as this matter has become clear from the narrations of Aisha radi Allahu anha and Hafsa radi Allahu anha.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 1716
Maulana Ataullah Sajid
Commentary:
Benefits and Issues:


The literal meaning of ijtihad is "to strive." Here, it means that, in the light of evidences and proofs, one should, with sincerity, reflect with full attention and effort on the issue at hand in order to reach the correct position. It is the duty of the one making the decision to make every possible effort to arrive at the correct judgment.


If, as a result of this effort and ijtihad, the correct matter is understood, this is the grace of Allah, through which the rightful person receives his due or the one asking about the issue learns the correct ruling. Benefiting a Muslim is a good deed; therefore, the one performing ijtihad also receives reward for this. This reward is a special mercy from Allah.


If someone makes a mistake in ijtihad and, as a result, gives someone an incorrect ruling or deprives a rightful person of his right, then the judge or scholar who performed ijtihad will not be sinful, because he made every effort to understand the correct matter. Therefore, he will, in any case, receive the reward for his effort.


If those who come later come to know that the scholar made a mistake in deriving the ruling, then they should act according to their own research. And regarding the scholar who made the mistake, they should maintain a good opinion, believing that he did not intentionally give an incorrect ruling.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2314