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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 3611
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ دَاوُدَ الْإِسْكَنْدَرَانِيُّ ، حَدَّثَنَا زِيَادٌ يَعْنِي ابْنَ يُونُسَ ، حَدَّثَنِي سُلَيْمَانُ بْنُ بِلَالٍ ، عَنْ رَبِيعَةَ ، بِإِسْنَادِ أَبِي مُصْعَبٍ وَمَعْنَاهُ ، قَالَ سُلَيْمَانُ : فَلَقِيتُ سُهَيْلًا فَسَأَلْتُهُ عَنْ هَذَا الْحَدِيثِ ، فَقَالَ : مَا أَعْرِفُهُ ، فَقُلْتُ لَهُ : إِنَّ رَبِيعَةَ أَخْبَرَنِي بِهِ عَنْكَ ، قَالَ : فَإِنْ كَانَ رَبِيعَةُ أَخْبَرَكَ عَنِّي فَحَدِّثْ بِهِ ، عَنْ رَبِيعَةَ عَنِّي .
The tradition mentioned above has also been transmitted by Rabiah through the chain of Abu Musab and to the same effect. Sulaiman said: I then met Suhail and asked him about this tradition. He said: I do not know it. I said to him: Rabiah transmitted it to me from you. He said: If Rabiah transmitted it to you from me, then retransmit it from Rabiah on my authority.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
When a claimant has only one witness, in financial matters, a verdict can be given by taking an oath from him.
And this oath will serve as a substitute for the second witness.
➋
When a hadith scholar (muhaddith) forgets one of his narrations,
and with certainty and conviction says that this is a lie upon me or I did not narrate it,
and so on,
then such a narration is rejected.
However, if he merely expresses doubt by saying, "I do not remember this hadith," or "I do not know," and a reliable narrator from an earlier period narrates it from him,
then his narration is accepted.
The aforementioned chains of transmission and the incident of (man haddatha wa nasi) — "the one who narrated a hadith and (later) forgot" — are examples of this, and are evidence of the scholarly trustworthiness, caution, and meticulousness of the hadith scholars in narration.
➊
When a claimant has only one witness, in financial matters, a verdict can be given by taking an oath from him.
And this oath will serve as a substitute for the second witness.
➋
When a hadith scholar (muhaddith) forgets one of his narrations,
and with certainty and conviction says that this is a lie upon me or I did not narrate it,
and so on,
then such a narration is rejected.
However, if he merely expresses doubt by saying, "I do not remember this hadith," or "I do not know," and a reliable narrator from an earlier period narrates it from him,
then his narration is accepted.
The aforementioned chains of transmission and the incident of (man haddatha wa nasi) — "the one who narrated a hadith and (later) forgot" — are examples of this, and are evidence of the scholarly trustworthiness, caution, and meticulousness of the hadith scholars in narration.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3611
