سنن ابي داود
Abu Dawud
كتاب الأقضيةThe Office of the Judge (Kitab Al-Aqdiyah)
باب مَنْ تُرَدُّ شَهَادَتُهُChapter: The one whose testimony is to be rejected.
Hadith 3600
اُردوEn
حَدَّثَنَا حَفْصُ بْنُ عُمَرَ ، حَدَّثَنَا مُحَمَّدُ بْنُ رَاشِدٍ ، حَدَّثَنَا سُلَيْمَانُ بْنُ مُوسَى ، عَنْ عَمْرِو بْنِ شُعَيْبٍ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ ، أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ رَدَّ شَهَادَةَ الْخَائِنِ ، وَالْخَائِنَةِ ، وَذِي الْغِمْرِ عَلَى أَخِيهِ ، وَرَدَّ شَهَادَةَ الْقَانِعِ لِأَهْلِ الْبَيْتِ ، وَأَجَازَهَا لِغَيْرِهِمْ " ، قَالَ أَبُو دَاوُد : الْغِمْرُ الْحِنَةُ ، وَالشَّحْنَاءُ ، وَالْقَانِعُ الْأَجِيرُ التَّابِعُ مِثْلُ الْأَجِيرِ الْخَاصِّ .
Amr bin Shuaib on his father's authority told that his grandfather said: The Messenger of Allah ﷺ rejected the testimony of a deceitful man and woman, of one who harbours rancour against his brother, and he rejected the testimony of one who is dependent on a family, and he allowed his testimony for other. Abu Dawud said: Ghimr means malice and enimity ; qani (dependant), a subordinate servant like a special servant.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Explanation: The testimony of a treacherous man or woman is absolutely rejected.
This applies equally to financial treachery and verbal treachery (lying).
However, the testimony of a spiteful or malicious person is rejected only in the case where the matter concerns those with whom he has enmity.
If he is truthful, then his testimony will be accepted among other people.
Similarly, the testimony of subordinates such as servants and slaves is not accepted in favor of their guardian (wali).
If they are truthful, then their testimony is accepted in favor of others.
Explanation: The testimony of a treacherous man or woman is absolutely rejected.
This applies equally to financial treachery and verbal treachery (lying).
However, the testimony of a spiteful or malicious person is rejected only in the case where the matter concerns those with whom he has enmity.
If he is truthful, then his testimony will be accepted among other people.
Similarly, the testimony of subordinates such as servants and slaves is not accepted in favor of their guardian (wali).
If they are truthful, then their testimony is accepted in favor of others.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3600
Maulana Ataullah Sajid
Commentary:
Benefits and Issues:
➊
Our esteemed researcher has declared the mentioned narration weak in its chain of transmission, stating that the origin of this hadith is authentic. He has also declared the narration reported in Sunan Abu Dawud from ‘Amr ibn Shu‘ayb, from his father, from his grandfather as hasan (good). See: (Sunan Abu Dawud (Urdu), Darussalam edition, Hadith: 3600, 3601).
From this, it is evident that this narration, according to our esteemed researcher, is actionable and authoritative. Furthermore, other researchers have also declared it hasan. Therefore, despite the mentioned narration being weak in its chain, due to other supporting evidences, it is actionable and authoritative.
For further details, see:
(al-Mawsu‘ah al-Hadithiyyah Musnad al-Imam Ahmad: 11, 299, 300, and Irwa’ al-Ghalil by al-Albani, no. 2669, and Sunan Ibn Majah with the verification of Dr. Bashar ‘Awwad, Hadith: 2366)
➋
A person who betrays a trust is not reliable; therefore, his testimony is not accepted in court.
➌
“Hadd” refers to the punishments for certain specific crimes that are prescribed by Allah. The court does not have the right to increase or decrease them.
Other punishments besides these are called “ta‘zir,” in which changes can be made according to circumstances.
➍
If it is established that the witness had prior enmity with the one against whom he is testifying, this makes the testimony doubtful. It is possible that, due to old hostility, he wants to take revenge by testifying against him.
➎
By “brother” is meant a religious brother, i.e., a Muslim.
This also includes a real (biological) brother, because if he is a Muslim, he is also a religious brother.
Benefits and Issues:
➊
Our esteemed researcher has declared the mentioned narration weak in its chain of transmission, stating that the origin of this hadith is authentic. He has also declared the narration reported in Sunan Abu Dawud from ‘Amr ibn Shu‘ayb, from his father, from his grandfather as hasan (good). See: (Sunan Abu Dawud (Urdu), Darussalam edition, Hadith: 3600, 3601).
From this, it is evident that this narration, according to our esteemed researcher, is actionable and authoritative. Furthermore, other researchers have also declared it hasan. Therefore, despite the mentioned narration being weak in its chain, due to other supporting evidences, it is actionable and authoritative.
For further details, see:
(al-Mawsu‘ah al-Hadithiyyah Musnad al-Imam Ahmad: 11, 299, 300, and Irwa’ al-Ghalil by al-Albani, no. 2669, and Sunan Ibn Majah with the verification of Dr. Bashar ‘Awwad, Hadith: 2366)
➋
A person who betrays a trust is not reliable; therefore, his testimony is not accepted in court.
➌
“Hadd” refers to the punishments for certain specific crimes that are prescribed by Allah. The court does not have the right to increase or decrease them.
Other punishments besides these are called “ta‘zir,” in which changes can be made according to circumstances.
➍
If it is established that the witness had prior enmity with the one against whom he is testifying, this makes the testimony doubtful. It is possible that, due to old hostility, he wants to take revenge by testifying against him.
➎
By “brother” is meant a religious brother, i.e., a Muslim.
This also includes a real (biological) brother, because if he is a Muslim, he is also a religious brother.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2366
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، القضاء، باب من ترد شهادة، حديث:3600 وأحمد:2 /181، 203.»©Explanation:
From this hadith, it is understood that the testimony of a treacherous person, an enemy, and one who harbors malice is not permissible.
Similarly, the testimony of a person who is under the guardianship of someone is also not accepted in favor of that person or his family members, so that there remains no suspicion of partiality.
«أخرجه أبوداود، القضاء، باب من ترد شهادة، حديث:3600 وأحمد:2 /181، 203.»©Explanation:
From this hadith, it is understood that the testimony of a treacherous person, an enemy, and one who harbors malice is not permissible.
Similarly, the testimony of a person who is under the guardianship of someone is also not accepted in favor of that person or his family members, so that there remains no suspicion of partiality.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1203
