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الفتح الربانی
Fath al-Rabbani
مسائل القضاء والشهادات
Issues of Judiciary and Testimonies
بَابُ اسْتِخْلَافِ الْمُدَّعَى عَلَيْهِ فِي الْأَمْوَالِ وَالدِّمَاءِ وَغَيْرِهِمَا إِذَا لَمْ تُوجَدْ بَينَةٌ لِلْمُدَّعِى
Chapter: Making the defendant swear in cases of wealth, blood, and others when there is no evidence for the claimant
Al-Fath ar-Rabbani 6419 — Making the defendant swear in cases
(وَعَنْهُ مِنْ طَرِيقٍ ثَانٍ) أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ قَضَى بِالْيَمِينِ مَعَ الشَّاهِدِ، قَالَ عَمْرٌو: وَإِنَّمَا ذَلِكَ فِي الْأَمْوَالِ
. (Second chain) The Noble Prophet, peace and blessings be upon him and his family, judged with an oath along with a witness in the light of a case. Amr said: This is for matters of wealth.
Brief Explanation
Benefits: … The claimant will present two witnesses for his claim; if two witnesses are not available, then he may present one witness, but along with that, in order to establish his position, he will take an oath. The Prophet sallallahu alayhi wa sallam gave a verdict in light of one witness and one oath. This is the position of Imam Shafi'i, Imam Malik, and Imam Ahmad; however, the opinion of Imam Abu Hanifah is that two witnesses are necessary, but this opinion is not correct. If the claimant does not even have one witness, then he will not have the right to take an oath, and the defendant will be acquitted by taking an oath in his own favor.
