Abu Dawud

Benefits and Issues:
Benefit: The judge (qadi) and ruler (hakim) have the authority to reconcile disputes among the public.
And in matters of financial rights, if the rightful owner willingly relinquishes his right, it is permissible; there is no compulsion in reconciliation.

Hadith Commentary:
The Islamic teaching is that if the debtor is indigent, then granting him respite or forgiving the debt altogether is better. This will be recorded among the creditor’s good deeds. “And if someone is in hardship, then [let there be] postponement until [a time of] ease. But if you give [from your right as] charity, it is better for you.” ()
This is the very meaning of the Qur’anic verse.

Hadith Commentary:
(1)
Imam Bukhari rahimahullah, through this chapter heading, has indicated towards an ethical issue. The majority opinion is that the ruler (hakim) has the authority to issue a ruling regarding reconciliation (sulh), even if it entails the deprivation of rights for one of the parties. However, the Malikis hold that the ruler does not have the authority to deprive anyone of their rights. Imam Bukhari rahimahullah inclines towards the first opinion, as is established from the aforementioned hadith.

(2)
It is mentioned in the Musannaf of Ibn Abi Shaybah that the debt of Ka‘b radi Allahu anhu was two uqiyyahs of silver. He received one uqiyyah and forgave the other.
(al-Musannaf li-Ibn Abi Shaybah: 7/780)

Hadith Commentary:
The meaning of reconciliation (sulh) regarding a loan is that some amount is reduced from it.
There are two scenarios for this:
➊ One is that a reduction is made on the promise of future payment, as is mentioned in the hadith where, upon hearing the instruction of the Messenger of Allah (sallallahu alayhi wa sallam), Ka‘b ibn Malik (radi Allahu anhu) forgave half of his debtor’s loan. The Messenger of Allah (sallallahu alayhi wa sallam) then said: “Stand up and pay the remaining half quickly.”
➋ The second is that, upon immediate payment (in cash), some amount is reduced; for example, if a loan of three hundred rupees is paid immediately, one hundred rupees are forgiven, and two hundred rupees are received, thereby releasing the debtor.
There is no mention of immediate payment (in cash) in the hadith.
Imam Bukhari (rahimahullah) has made an analogy between immediate payment and a loan.
If reconciliation is permissible in the case of a loan, then, a fortiori, reconciliation should be permissible in the case of immediate payment.

Hadith Commentary:
The Prophet sallallahu alayhi wa sallam adopted an excellent method for settling disputes.
And extremely fortunate are those two parties who wholeheartedly accepted his decision.
If the debtor is in hardship, then granting such concession becomes necessary.
And for the creditor, it becomes obligatory in every situation to accept whatever is given with patience and gratitude.

Hadith Commentary:
The Messenger of Allah (sallallahu alayhi wa sallam) adopted an excellent approach to resolve the dispute between the two parties.
If the debtor is in difficulty, it is necessary to grant him relief, and in such circumstances, the creditor should accept whatever is available with patience and gratitude.
Imam Bukhari (rahimahullah) has established his point by showing that the voices of both individuals began to rise due to the dispute.
In some narrations, it is explicitly mentioned that they began to argue and quarrel with each other.
From this, it is understood that in a dispute, the claimant and the defendant may speak harshly to one another, but they should not exceed moral and legal boundaries.
(Fath al-Bari: 5/94)

Hadith Commentary:
1.
The title established by Imam Bukhari rahimahullah consists of two parts:
➊ Demanding repayment of a debt.
➋ Pursuing the debtor.
In this narration, there is mention of demanding repayment, but there is no mention of pursuing or surrounding the debtor.
The answer to this is that demanding repayment occurs when the debtor is surrounded.
Then, from the context of the narration, the act of surrounding is proven automatically, as the conversation that Ka‘b ibn Malik radi Allahu anhu had with Ibn Abi Hadrad radi Allahu anhu took place in such a manner that the Messenger of Allah sallallahu alayhi wa sallam had to come out of his chamber and take the matter into his own hands to resolve it.
From this, not only is the act of demanding repayment established, but also pursuing and surrounding the debtor is proven.
Furthermore, Imam Bukhari rahimahullah has clarified this in one of the routes of this narration, whose wording is that Ka‘b ibn Malik had a debt upon Abdullah ibn Abi Hadrad, and he met him one day and surrounded him.
(Sahih al-Bukhari, al-Khusumat, Hadith: 2424)
From this narration, pursuing the debtor is also established.
It is among the virtues of Imam Bukhari rahimahullah that his mind traverses all the routes of a hadith.
This is the sign of being complete in the science of hadith, because unless one has an eye on all the texts and routes of a hadith, no issue can be fully clarified.
2.
Hafiz Ibn Hajar rahimahullah has written, referencing Tabarani, that Abdullah ibn Abi Hadrad radi Allahu anhu owed two awqiyah of silver.
After one awqiyah of silver was forgiven, immediate payment of the remaining awqiyah was made obligatory. Also, from this hadith it is understood that, due to necessity, it is permissible to speak loudly in the mosque.
However, without need, raising the voice in the mosque is not correct, as Imam Bukhari rahimahullah himself will clarify.
(Fath al-Bari: 1/714)

Hadith Commentary:
➊
While explaining the aforementioned ahadith, Allamah Sindhi writes that Imam Bukhari rahimahullah, by mentioning both narrations, has indicated towards a detailed explanation: if raising the voice is done without necessity, then it is not permissible, but if it is due to some need, then it is permissible.
It is also possible that Imam Bukhari rahimahullah’s inclination is towards absolute prohibition, because in the narration where it is understood that the Messenger of Allah sallallahu alayhi wa sallam did not object to raising the voice, it is mentioned that the Messenger of Allah sallallahu alayhi wa sallam immediately took the matter into his own hands to end the dispute, and thus ended the quarrel due to which voices were being raised in the mosque.
From this conduct, it can be understood that he, through his action—by immediately intervening to resolve the issue—clearly indicated the prohibition of raising voices in the mosque (Hashiyah Sindhi 1/93).
However, in our view, Allamah Sindhi’s first possibility is more likely, because Imam Bukhari rahimahullah’s approach shows that he wants to provide a detailed explanation in this matter, and this also aligns with Imam Bukhari rahimahullah’s scholarly temperament: by combining both narrations, he wants to clarify that if there is a need to raise the voice in the mosque and moderation is maintained, then it is permitted; but if there is no need, or the voice exceeds the bounds of moderation and causes commotion, then it is not permitted.
He has mentioned two narrations under this heading, and both seem to convey opposite points: the first narration indicates prohibition, as Umar radi Allahu anhu sternly admonished those who raised their voices, and in fact, quickly resolved the matter and ended the discussion.
This also shows that Imam Bukhari rahimahullah is inclined towards a detailed explanation in this matter, as we have stated.
Shah Waliullah Muhaddith Dehlawi, while clarifying Imam Bukhari rahimahullah’s heading, writes that he wants to express the dislike (karahah) of raising the voice in the mosque, as this act is not befitting for people of piety.

➋
From the first narration, it is understood that Umar radi Allahu anhu pardoned them from punishment because they were unaware of this ruling. In some narrations, it is mentioned that he said:
“I would have punished you with lashes, for you are making unnecessary noise and commotion in the mosque of the Messenger of Allah sallallahu alayhi wa sallam with great audacity.”
From these words, it is understood that this narration attains the status of a marfu’ hadith, because Umar radi Allahu anhu was prepared to administer the punishment of lashes.
Such a threat of punishment can only be given for opposing a matter that is tawfiqi (established by divine guidance).
(Fath al-Bari: 1/726)

➌
From the second hadith, it is also understood that a creditor should not withhold any leniency that he is able to grant to the debtor. The command of Allah, the Exalted, is:

“And if the debtor is in hardship, then grant him respite until ease; but if you remit it as charity, that is better for you, if you only knew.”
(al-Baqarah: 2/280)
However, it is also the duty of the debtor to repay the full debt as much as possible and free himself from this burden, because the Messenger of Allah sallallahu alayhi wa sallam has declared deliberate delay in repayment as injustice (zulm), and due to this, he may be disgraced or even punished.

(1) If, due to some necessity, a ruler, judge, or the like makes a decision in his home or outside the "courtroom," it is permissible, provided that this does not cause any hardship or difficulty for the people.

(2) From this blessed hadith, it is also understood that if, out of necessity, the voice is raised in the mosque at times, there is no harm in it. However, making this a habit and unnecessarily raising one's voice in the mosque is not correct.

(3) This blessed hadith also makes it clear that such a gesture from which the meaning is understood is tantamount to speech, because the indication of the gesture is equivalent to speech. Therefore, the testimony of a mute person, his oath, his buying and selling, and other transactions will be considered valid.

(4) This hadith also clarifies the issue that if, by interceding with the rightful owner, all or part of his right is forgiven, then doing so is permissible in the Shariah. Furthermore, if a lawful intercession is made to the rightful owner or any other person, then that intercession should be accepted.

(5) Demanding repayment of a debt and making a claim in the mosque is permissible, and besides debt, one may also demand other rights in the mosque.

(6) From this blessed hadith, it is also understood that, due to necessity, hanging curtains over windows and doors is permissible and correct according to the Shariah.

Benefits and Issues:
➊
A creditor can demand repayment of the loan from the debtor.

➋
If two people have a dispute over something, reconciliation should be made between them—especially by the person who holds some superiority over the disputants and whose word is accepted. For such a person, it is necessary to bring an end to the dispute.

➌
If, for the sake of reconciliation, the rightful owner gives up some of his right, it is a matter of great reward.