سنن ابي داود
Abu Dawud
كتاب الأقضيةThe Office of the Judge (Kitab Al-Aqdiyah)
باب الرَّجُلَيْنِ يَدَّعِيَانِ شَيْئًا وَلَيْسَتْ لَهُمَا بَيِّنَةٌChapter: Two men who claim something but have no proof.
Hadith 3616
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ الْمِنْهَالِ ، حَدَّثَنَا يَزِيدُ بْنُ زُرَيْعٍ ، حَدَّثَنَا ابْنُ أَبِي عَرُوبَةَ ، عَنْ قَتَادَةَ ، عَنْ خِلَاسٍ ، عَنْ أَبِي رَافِعٍ ، عَنْ أَبِي هُرَيْرَةَ ، " أَنَّ رَجُلَيْنِ اخْتَصَمَا فِي مَتَاعٍ إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَيْسَ لِوَاحِدٍ مِنْهُمَا بَيِّنَةٌ ، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : اسْتَهِمَا عَلَى الْيَمِينِ مَا كَانَ أَحَبَّا ذَلِكَ أَوْ كَرِهَا " .
Narrated Abu Hurairah: Two men disputed about some property and brought the case to the Holy Prophet ﷺ, but neither of them could produce any proof. So the Holy Prophet ﷺ said: Cast lots about the oath whatever it may be, whether they like it or dislike it.
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊ The mentioned narration has been declared weak in its chain by our esteemed researcher, whereas other scholars have considered it authentic, as has already been detailed. (See Hadith: 21329)
Since decisions in matters of dispute are made on the basis of testimony, whoever is aware of the truth should not hesitate in giving testimony.
Allah the Exalted has said:
﴿وَلا تَكتُمُوا الشَّهادَةَ﴾ (Al-Baqarah 2:283)
"Do not conceal testimony."
➋ When the claimant (mudda‘i) cannot present witnesses, or his witnesses are not acceptable, then an oath (qasam) is taken from the defendant (mudda‘a alayh).
➌ In the situation mentioned in the hadith, both individuals can be considered claimants (mudda‘i), and both can also be regarded as defendants (mudda‘a alayh).
Now, to decide who will take the oath as the defendant, this will be determined by drawing lots.
➊ The mentioned narration has been declared weak in its chain by our esteemed researcher, whereas other scholars have considered it authentic, as has already been detailed. (See Hadith: 21329)
Since decisions in matters of dispute are made on the basis of testimony, whoever is aware of the truth should not hesitate in giving testimony.
Allah the Exalted has said:
﴿وَلا تَكتُمُوا الشَّهادَةَ﴾ (Al-Baqarah 2:283)
"Do not conceal testimony."
➋ When the claimant (mudda‘i) cannot present witnesses, or his witnesses are not acceptable, then an oath (qasam) is taken from the defendant (mudda‘a alayh).
➌ In the situation mentioned in the hadith, both individuals can be considered claimants (mudda‘i), and both can also be regarded as defendants (mudda‘a alayh).
Now, to decide who will take the oath as the defendant, this will be determined by drawing lots.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2346
Maulana Ataullah Sajid
Benefits and Issues:
➊
The mentioned narration has been declared weak in its chain (isnad) by our esteemed researcher. However, this same narration is also found in Sunan Abi Dawud, where it is written that this hadith is weak in its chain, but due to many other supporting evidences, it is authentic. See: (Sunan Abi Dawud (Urdu), published by Darussalam, Hadith 3616).
In addition, other researchers have also declared this narration authentic. Therefore, despite being weak in its chain, the mentioned narration is actionable and authoritative due to other supporting evidences.
For details, see: (Al-Mawsu‘ah al-Hadithiyyah Musnad al-Imam Ahmad: 13/535, 16/238, and Al-Irwa’: 8/275, and Sunan Ibn Majah with the verification of Dr. Bashar Awwad, No. 2329).
➋
The fundamental rule is that the claimant must present evidence, otherwise the defendant should take an oath.
➌
In the situation mentioned in the hadith, both parties are claimants as well as defendants.
In such a case, both have the right to take an oath; therefore, the matter should be decided by drawing lots to determine who will take the oath.
➍
In some matters, decisions can be made by drawing lots.
➊
The mentioned narration has been declared weak in its chain (isnad) by our esteemed researcher. However, this same narration is also found in Sunan Abi Dawud, where it is written that this hadith is weak in its chain, but due to many other supporting evidences, it is authentic. See: (Sunan Abi Dawud (Urdu), published by Darussalam, Hadith 3616).
In addition, other researchers have also declared this narration authentic. Therefore, despite being weak in its chain, the mentioned narration is actionable and authoritative due to other supporting evidences.
For details, see: (Al-Mawsu‘ah al-Hadithiyyah Musnad al-Imam Ahmad: 13/535, 16/238, and Al-Irwa’: 8/275, and Sunan Ibn Majah with the verification of Dr. Bashar Awwad, No. 2329).
➋
The fundamental rule is that the claimant must present evidence, otherwise the defendant should take an oath.
➌
In the situation mentioned in the hadith, both parties are claimants as well as defendants.
In such a case, both have the right to take an oath; therefore, the matter should be decided by drawing lots to determine who will take the oath.
➍
In some matters, decisions can be made by drawing lots.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2329
