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سنن ابي داود
Abu Dawud
كتاب الأقضيةThe Office of the Judge (Kitab Al-Aqdiyah)
باب الْقَضَاءِ بِالْيَمِينِ وَالشَّاهِدِChapter: Judgement on the basis of oath and one witness.
Hadith 3608
اُردوEn
حَدَّثَنَا عُثْمَانُ بْنُ أَبِي شَيْبَةَ ، وَالْحَسَنُ بْنُ عَلِيٍّ ، أَنَّ زَيْدَ بْنَ الْحُبَابِ حَدَّثَهُمْ ، حَدَّثَنَا سَيْفٌ الْمَكَّيُّ ، قَالَ عُثْمَانُ ، سَيْفُ بْنُ سُلَيْمَانَ ، عَنْ قَيْسِ بْنِ سَعْدٍ ، عَنْ عَمْرِو بْنِ دِينَارٍ ، عَنِ ابْنِ عَبَّاسٍ ، أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ " قَضَى بِيَمِينٍ وَشَاهِدٍ " .
Ibn Abbas said: The Messenger of Allah ﷺ gave a decision on the basis of an oath and a single witness.
Related hadith on this topic
Brief Explanation
1؎: That is, the claimant had only one witness. The Prophet sallallahu alayhi wa sallam took an oath from the claimant, and this oath was considered as equivalent to a second witness.
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
It is stated in the hadith that the responsibility of presenting witnesses lies upon the claimant (mudda‘i). If he is unable to present witnesses, then the decision will be made by having the defendant (mudda‘a ‘alayh) take an oath.
From this hadith, it is understood that in every situation, it is obligatory for the defendant to take an oath, provided that the claimant does not have witnesses—regardless of whether there is familiarity or a relationship between the claimant and the defendant or not.
(2)
Imam Malik rahimahullah says:
An oath will be taken from the defendant only when there has been an exchange of dealings and other transactions between the two; otherwise, every person would keep forcing any respectable individual to take an oath, even if it requires making a false claim against him.
Imam Bukhari rahimahullah’s position is that in both civil and criminal cases, an oath will be taken from the defendant, because there is no distinction regarding this in the ahadith; they should be maintained in their generality.
Our inclination is also towards this view.
And Allah knows best.
(1)
It is stated in the hadith that the responsibility of presenting witnesses lies upon the claimant (mudda‘i). If he is unable to present witnesses, then the decision will be made by having the defendant (mudda‘a ‘alayh) take an oath.
From this hadith, it is understood that in every situation, it is obligatory for the defendant to take an oath, provided that the claimant does not have witnesses—regardless of whether there is familiarity or a relationship between the claimant and the defendant or not.
(2)
Imam Malik rahimahullah says:
An oath will be taken from the defendant only when there has been an exchange of dealings and other transactions between the two; otherwise, every person would keep forcing any respectable individual to take an oath, even if it requires making a false claim against him.
Imam Bukhari rahimahullah’s position is that in both civil and criminal cases, an oath will be taken from the defendant, because there is no distinction regarding this in the ahadith; they should be maintained in their generality.
Our inclination is also towards this view.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2668
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Vocabulary of the Hadith:
yurattiluha:
He would recite it slowly,
deliberately and with pauses.
Vocabulary of the Hadith:
yurattiluha:
He would recite it slowly,
deliberately and with pauses.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 1712
