صحيح البخاري
Bukhari
كتاب المساقاةThe Book of Watering
بَابُ الْخُصُومَةِ فِي الْبِئْرِ وَالْقَضَاءِ فِيهَا:Chapter. Disputes and controversies about wells and the settlement of such disputes and contraversies.
Hadith 2356
اُردوEn
حَدَّثَنَا عَبْدَانُ ، عَنْ أَبِي حَمْزَةَ ، عَنِ الْأَعْمَشِ ، عَنْ شَقِيقٍ ، عَنْ عَبْدِ اللَّهِ رَضِيَ اللَّهُ عَنْهُ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : "مَنْ حَلَفَ عَلَى يَمِينٍ يَقْتَطِعُ بِهَا مَالَ امْرِئٍ مُسْلِمٍ هُوَ عَلَيْهَا فَاجِرٌ ، لَقِيَ اللَّهَ وَهُوَ عَلَيْهِ غَضْبَانُ ، فَأَنْزَلَ اللَّهُ تَعَالَى : إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلا سورة آل عمران آية 77 الْآيَةَ " . فَجَاءَ الْأَشْعَثُ ، فَقَالَ : مَا حَدَّثَكُمْ أَبُو عَبْدِ الرَّحْمَنِ فِيَّ أُنْزِلَتْ هَذِهِ الْآيَةُ كَانَتْ لِي بِئْرٌ فِي أَرْضِ ابْنِ عَمٍّ لِي ، فَقَالَ لِي : شُهُودَكَ ؟ قُلْتُ : مَا لِي شُهُودٌ ، قَالَ : فَيَمِينُهُ ، قُلْتُ : يَا رَسُولَ اللَّهِ ، إِذًا يَحْلِفَ فَذَكَرَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ هَذَا الْحَدِيثَ ، فَأَنْزَلَ اللَّهُ ذَلِكَ تَصْدِيقًا لَهُ .
Narrated `Abdullah (bin Mas`ud): The Prophet said, "Whoever takes a false oath to deprive somebody of his property will meet Allah while He will be angry with him." Allah revealed: 'Verily those who purchase a little gain at the cost of Allah's covenant, and their oaths.' ........(3.77) Al-Ashath came (to the place where `Abdullah was narrating) and said, "What has Abu `Abdur- Rahman (i.e. `Abdullah) been telling you? This verse was revealed concerning me. I had a well in the land of a cousin of mine. The Prophet asked me to bring witnesses (to confirm my claim). I said, 'I don't have witnesses.' He said, 'Let the defendant take an oath then.' I said, 'O Allah's Apostle! He will take a (false) oath immediately.' Then the Prophet mentioned the above narration and Allah revealed the verse to confirm what he had said." (See Hadith No. 692)
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
When the dispute over the well was brought before the Messenger of Allah (sallallahu alayhi wa sallam), he asked the claimant to present witnesses. When he was unable to present witnesses, the Prophet (sallallahu alayhi wa sallam) asked the defendant to take an oath, because the judicial law of Islam is that the claimant must present witnesses as proof of his claim, while taking an oath is the right of the defendant. Since bearing witness to the truth is a distinguishing feature of this Ummah, lying, taking a false oath, and giving false testimony are counted among the major sins.
(2)
The purpose of Imam Bukhari (rahimahullah) is to show that ownership is established in wells, the court is authorized to hear cases related to them, and then it also has the authority to decide according to the truth. If it were a common property for all people, then what kind of case could be brought regarding it, and what could the court hear?
(3)
In our society, the decision of disputes between two parties in the local council (panchayat) is often made in such a way that a third person takes the oath on behalf of the defendant. This method is completely wrong because it is contrary to this hadith. The oath must be taken by the defendant himself, and the claimant should accept his oath. If he takes a false oath, he will be punished by Allah.
(1)
When the dispute over the well was brought before the Messenger of Allah (sallallahu alayhi wa sallam), he asked the claimant to present witnesses. When he was unable to present witnesses, the Prophet (sallallahu alayhi wa sallam) asked the defendant to take an oath, because the judicial law of Islam is that the claimant must present witnesses as proof of his claim, while taking an oath is the right of the defendant. Since bearing witness to the truth is a distinguishing feature of this Ummah, lying, taking a false oath, and giving false testimony are counted among the major sins.
(2)
The purpose of Imam Bukhari (rahimahullah) is to show that ownership is established in wells, the court is authorized to hear cases related to them, and then it also has the authority to decide according to the truth. If it were a common property for all people, then what kind of case could be brought regarding it, and what could the court hear?
(3)
In our society, the decision of disputes between two parties in the local council (panchayat) is often made in such a way that a third person takes the oath on behalf of the defendant. This method is completely wrong because it is contrary to this hadith. The oath must be taken by the defendant himself, and the claimant should accept his oath. If he takes a false oath, he will be punished by Allah.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2356
