سنن ابي داود
Abu Dawud
كتاب الأقضيةThe Office of the Judge (Kitab Al-Aqdiyah)
باب إِذَا كَانَ الْمُدَّعَى عَلَيْهِ ذِمِّيًّا أَيَحْلِفُChapter: If a defendent is a dhimmi, should he swear on oath?
Hadith 3621
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ عِيسَى ، حَدَّثَنَا أَبُو مُعَاوِيَةَ ، حَدَّثَنَا الْأَعْمَشُ ، عَنْ شَقِيقٍ ، عَنِ الْأَشْعَثِ ، قَالَ : " كَانَ بَيْنِي وَبَيْنَ رَجُلٍ مِنْ الْيَهُودِ أَرْضٌ ، فَجَحَدَنِي ، فَقَدَّمْتُهُ إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ لِي النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : أَلَكَ بَيِّنَةٌ ، قُلْتُ : لَا ، قَالَ لِلْيَهُودِيِّ : احْلِفْ ، قُلْتُ : يَا رَسُولَ اللَّهِ ، إِذًا يَحْلِفُ وَيَذْهَبُ بِمَالِي ، فَأَنْزَلَ اللَّهُ : إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلا سورة آل عمران آية 77 إِلَى آخِرِ الْآيَةِ " .
Al-Ashath bin Qais said: A Jew and I shared some land and he denied my right, so I took him to the holy prophet ﷺ. The holy prophet ﷺ said to me: Have you have proof. I said: No. He then said to the Jew: Swear an oath I said Messenger of Allah, he will swear an oath and go off my property. So Allah sent down: “Those who barter for a small price Allah’s covenant and their oaths. . . . " to the end of the verse.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: If a matter with a disbeliever comes to the point of taking an oath, then he should be made to swear only by the pure and majestic Name of Allah.
If he swears a false oath, then one should remain patient while being certain
that he will not be able to escape the consequences of that false oath.
Benefit: If a matter with a disbeliever comes to the point of taking an oath, then he should be made to swear only by the pure and majestic Name of Allah.
If he swears a false oath, then one should remain patient while being certain
that he will not be able to escape the consequences of that false oath.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3621
Maulana Ataullah Sajid
Benefits and Issues:
➊ Swearing a false oath is a major sin.
➋ Making a false claim in order to unlawfully obtain someone’s property is a very grave crime.
➌ The judge is obligated to make a decision based on witnesses and evidence according to his understanding. If he has sincerely tried to make a correct judgment in light of the Qur’an and Hadith, then he is not sinful, even if the decision turns out to be incorrect in reality. However, if the claimant knows that his claim is false, it is not permissible for him to take someone’s property, even if the judgment is in his favor.
➍ Allah, the Exalted, will not speak to him. This means He will not speak with mercy and pleasure, but rather with anger, as a form of rebuke and reprimand, or for the purpose of reckoning.
➎ Speech (kalam) is an attribute of Allah. He speaks when He wills, to whom He wills, and how He wills. However, none of His attributes resemble the attributes of the creation.
➏ Those whose good deeds are many and whose sins are few and minor, Allah will forgive their sins and purify them. However, habitual criminals and those who commit certain major sins will be deprived of this forgiveness.
➊ Swearing a false oath is a major sin.
➋ Making a false claim in order to unlawfully obtain someone’s property is a very grave crime.
➌ The judge is obligated to make a decision based on witnesses and evidence according to his understanding. If he has sincerely tried to make a correct judgment in light of the Qur’an and Hadith, then he is not sinful, even if the decision turns out to be incorrect in reality. However, if the claimant knows that his claim is false, it is not permissible for him to take someone’s property, even if the judgment is in his favor.
➍ Allah, the Exalted, will not speak to him. This means He will not speak with mercy and pleasure, but rather with anger, as a form of rebuke and reprimand, or for the purpose of reckoning.
➎ Speech (kalam) is an attribute of Allah. He speaks when He wills, to whom He wills, and how He wills. However, none of His attributes resemble the attributes of the creation.
➏ Those whose good deeds are many and whose sins are few and minor, Allah will forgive their sins and purify them. However, habitual criminals and those who commit certain major sins will be deprived of this forgiveness.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2322
