Hadith 2473

حَدَّثَنَا مُوسَى بْنُ إِسْمَاعِيلَ ، حَدَّثَنَا جَرِيرُ بْنُ حَازِمٍ ، عَنْ الزُّبَيْرِ بْنِ خِرِّيتٍ ، عَنْ عِكْرِمَةَ ، سَمِعْتُ أَبَا هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ ، قَالَ : "قَضَى النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِذَا تَشَاجَرُوا فِي الطَّرِيقِ بِسَبْعَةِ أَذْرُعٍ " .
Narrated Abu Huraira: The Prophet judged that seven cubits should be left as a public way when there was a dispute about the land.
Hadith Reference صحيح البخاري / کتاب المظالم والغصب / 2473
Hadith Grading محدثین: أحاديث صحيح البخاريّ كلّها صحيحة
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
In the civil laws of a developed country, it is extremely necessary to take into account all kinds of administrative arrangements.
Designating a place for a public road also falls under this category.
The term "tariq mitā’" mentioned in the chapter means a wide or public road.
Some have said that by "mitā’" it is meant that if uninhabited land becomes inhabited and there arises a need to establish a road there, and the residents dispute over it, then at least seven handspans of land should be left for the road, which is sufficient for people and mounts to pass through.
Qastallani said: Those shopkeepers who sit on the road, it is necessary for them that if the road is more than seven handspans wide, they may sit in the extra portion.
Otherwise, they should be prevented from sitting within the seven handspans so that passersby are not inconvenienced.
This is the administrative law that Islam established fourteen hundred years ago.
Later, it became the civil code of most countries.
This was the divine understanding of the Prophet of Islam (sallallahu alayhi wa sallam) which Allah granted him.
In your (sallallahu alayhi wa sallam) blessed era, there was no prevalence of vehicles, motors, carts, or carriages.
A road of three handspans would suffice for the passage of camels and people, but in view of general needs and future urban civil developments, it was necessary that at least seven handspans of land be left for the public thoroughfare, because sometimes it happens that mounts coming and going encounter each other.
So, for both to be able to pass equally, it is necessary to designate at least seven handspans of land for the road, because in such a width, mounts from both directions can easily pass.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2473
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
A path of seven handspans is sufficient for the passage of people and animals.
In the present era, with the prevalence of large vehicles, it is permissible to make the path wider than seven handspans, keeping this need in view.
The same ruling applies to those who sit in the pathway to sell vegetables, fruits, etc., so that passersby are not inconvenienced.
(2)
The purpose of the hadith is that if people mutually agree upon any measurement, then that will be the decision.
In case of a dispute, a path of up to seven handspans will be prescribed so that pack animals can pass through with ease.
If a path is already wider than this, then no one has the right to narrow it.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2473
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
A width of seven handspans is sufficient as a pathway for people and animals to pass through, which both parties should mutually leave open.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1356
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: The narrowing of streets and obstructing pathways is contrary to Islamic civilization and culture.
Streets should be appropriately wide.
One of the objectives of the seven hand-spans is that if a camel is coming and another animal is going,
both can easily pass by; however, nowadays even more spaciousness is necessary,
so that the traffic of the present era can pass through.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3633