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الفتح الربانی
Fath al-Rabbani
مسائل القضاء والشهاداتIssues of Judiciary and Testimonies
بَابُ الْقَضَاءِ بِالْقُرْعَةِ فِيمَا إِذَا إِذْهَا الْخَصْمَانِ مِلْكَ شَيْءٍ وَلَمْ يَكُن لَهُمَا بَينَةٌ وَمَا ذَا يَفْعَلُ إِذَا كَانَ لَهُمَا بينةٌ وَتَعَارَضَتِ البَيِّنَاتُChapter: Judging by drawing lots when two litigants claim ownership and have no evidence, and what to do if both have evidence and the evidences conflict
Hadith 6423
اُردوEn
(وَعَنْهُ مِنْ طَرِيقٍ ثَانٍ) قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ إِذَا أُكْرِهَ الِاثْنَانِ عَلَى الْيَمِينِ وَاسْتَحَبَّاهَا فَلْيَسْتَهِمَا عَلَيْهَا
(Second chain) The Messenger of Allah, peace and blessings be upon him, said: When both the claimant and the defendant are compelled to take an oath and they both agree to it, then lots should be drawn between them for the oath.
Brief Explanation
Benefits: … In Sahih Bukhari, Nasa’i, and Bayhaqi, the wording of this narration is as follows: ((The Prophet sallallahu alayhi wa sallam presented an oath to a certain people, but when he saw that both parties were hastening to take the oath, he sallallahu alayhi wa sallam ordered that a lot be drawn among them regarding the oath, to determine which of them would swear.)) … “The Noble Prophet sallallahu alayhi wa sallam presented an oath to a people, but when he sallallahu alayhi wa sallam saw both parties hastening to take the oath, he sallallahu alayhi wa sallam ordered that, in the matter of the oath, a lot be drawn first to determine who will take the oath.”
A very important legal principle is stated in these ahadith: when it is not clear who is the claimant (mudda‘i) and who is the defendant (mudda‘a alayh), and both individuals insist on taking the oath, then oaths will not be taken from both; rather, a lot will be drawn, and whoever’s name is drawn will take the oath. If he takes the oath, the judgment will be made in his favor.
A very important legal principle is stated in these ahadith: when it is not clear who is the claimant (mudda‘i) and who is the defendant (mudda‘a alayh), and both individuals insist on taking the oath, then oaths will not be taken from both; rather, a lot will be drawn, and whoever’s name is drawn will take the oath. If he takes the oath, the judgment will be made in his favor.
