سنن ابي داود
Abu Dawud
كتاب الأقضيةThe Office of the Judge (Kitab Al-Aqdiyah)
باب فِي قَضَاءِ الْقَاضِي إِذَا أَخْطَأَChapter: Regarding the Judges judge when he is mistaken.
Hadith 3583
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ كَثِيرٍ ، أَخْبَرَنَا سُفْيَانُ ، عَنْ هِشَامِ بْنِ عُرْوَةَ ، عَنْ عُرْوَةَ ، عَنْ زَيْنَبَ بِنْتِ أُمِّ سَلَمَةَ ، عَنْ أُمِّ سَلَمَةَ ، قَالَتْ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " إِنَّمَا أَنَا بَشَرٌ وَإِنَّكُمْ تَخْتَصِمُونَ إِلَيَّ ، وَلَعَلَّ بَعْضَكُمْ أَنْ يَكُونَ أَلْحَنَ بِحُجَّتِهِ مِنْ بَعْضٍ فَأَقْضِيَ لَهُ عَلَى نَحْوِ مَا أَسْمَعُ مِنْهُ ، فَمَنْ قَضَيْتُ لَهُ مِنْ حَقِّ أَخِيهِ بِشَيْءٍ فَلَا يَأْخُذْ مِنْهُ شَيْئًا ، فَإِنَّمَا أَقْطَعُ لَهُ قِطْعَةً مِنَ النَّار " .
Umm Salamah reported the Messenger of Allah ﷺ as saying: "I am only a human being, and you bring your disputes to me, some perhaps being more eloquent in their plea than others, so that I give judgement on their behalf according to what I hear from them. Therefore, whatever I decide fr anyone which by right belongs to his brother, he must not take anything, for I am granting him only a portion of Hell.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
The judge’s (qadi’s) decision is only enforced based on what is apparent.
And generally, the parties involved in the case themselves know very well
who holds the right and who is upon falsehood, except whom Allah wills.
So, in cases where the matter is clear, the oppressor should understand, while usurping his brother’s right, that despite the judge’s decision, he is taking a piece of fire.
➋
If the judge makes a mistake in his judgment, it is forgiven for him.
➌
From this statement of the Messenger of Allah (sallallahu alayhi wa sallam), it is clear that he did not possess knowledge of the unseen (ghayb).
➍
This hadith is a clear indication of the humanity of the Messenger of Allah (sallallahu alayhi wa sallam).
➎
The Messenger of Allah (sallallahu alayhi wa sallam) would sometimes make judgments based on his own ijtihad (independent reasoning).
The judges of the ummah can always make decisions based on ijtihad.
And before them, the ijtihad and method of ijtihad of the Messenger of Allah (sallallahu alayhi wa sallam) is the best example and proof.
And Allah knows best.
➊
The judge’s (qadi’s) decision is only enforced based on what is apparent.
And generally, the parties involved in the case themselves know very well
who holds the right and who is upon falsehood, except whom Allah wills.
So, in cases where the matter is clear, the oppressor should understand, while usurping his brother’s right, that despite the judge’s decision, he is taking a piece of fire.
➋
If the judge makes a mistake in his judgment, it is forgiven for him.
➌
From this statement of the Messenger of Allah (sallallahu alayhi wa sallam), it is clear that he did not possess knowledge of the unseen (ghayb).
➍
This hadith is a clear indication of the humanity of the Messenger of Allah (sallallahu alayhi wa sallam).
➎
The Messenger of Allah (sallallahu alayhi wa sallam) would sometimes make judgments based on his own ijtihad (independent reasoning).
The judges of the ummah can always make decisions based on ijtihad.
And before them, the ijtihad and method of ijtihad of the Messenger of Allah (sallallahu alayhi wa sallam) is the best example and proof.
And Allah knows best.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3583
