سنن ابي داود
Abu Dawud
كتاب الأقضيةThe Office of the Judge (Kitab Al-Aqdiyah)
باب الرَّجُلِ يَحْلِفُ عَلَى عِلْمِهِ فِيمَا غَابَ عَنْهُChapter: When a man swears an oath on a basis of what he knows and not on the basis of what he has witnessed.
Hadith 3622
اُردوEn
حَدَّثَنَا مَحْمُودُ بْنُ خَالِدٍ ، حَدَّثَنَا الْفَرْيَابِيُّ ، حَدَّثَنَا الْحَارِثُ بْنُ سُلَيْمَانَ ، حَدَّثَنِي كُرْدُوسٌ ، عَنِ الْأَشْعَثِ بْنِ قَيْسٍ ، " أَنَّ رَجُلًا مِنْ كِنْدَةَ ، وَرَجُلًا مِنْ حَضْرَمَوْتَ ، اخْتَصَمَا إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي أَرْضٍ مِنْ الْيَمَنِ ، فَقَالَ الْحَضْرَمِيُّ : يَا رَسُولَ اللَّهِ ، إِنَّ أَرْضِي اغْتَصَبَنِيهَا أَبُو هَذَا ، وَهِيَ فِي يَدِهِ قَالَ : هَلْ لَكَ بَيِّنَةٌ ؟ ، قَالَ : لَا ، وَلَكِنْ أُحَلِّفُهُ وَاللَّهِ مَا يَعْلَمُ أَنَّهَا أَرْضِي اغْتَصَبَنِيهَا أَبُوهُ فَتَهَيَّأَ الْكِنْدِيُّ يَعْنِي لِلْيَمِينِ وَسَاقَ الْحَدِيثَ " .
Al-Ashath bin Qais said: A men from Kindah and a men from Hadramawt came to the Holy Prophet ﷺwith their dispute about a land in the Yemen. The Hadrami said: Messenger of Allah, the this (man)had usurped land belonging to me, and it is his possession. He asked: Have you any proof ?He replied: No, but I can have him swear on oath. Allah knows that it is my land, and father seized it from me. The Kindi was prepared to take oath. He then narrated the rest of the tradition.
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
