صحيح البخاري
Bukhari
كتاب الرهنThe Book of Mortgaging In Places Occupied by Settled Population
بَابُ إِذَا اخْتَلَفَ الرَّاهِنُ وَالْمُرْتَهِنُ وَنَحْوُهُ فَالْبَيِّنَةُ عَلَى الْمُدَّعِي وَالْيَمِينُ عَلَى الْمُدَّعَى عَلَيْهِ:Chapter. If a dispute arises between the mortgagor and mortgagee, a proof is to be provided by plaintiff, otherwise the defendant has to take an oath (if he insists on denying the plaintiff’s claim).
Hadith 2515
اُردوEn
حَدَّثَنَا قُتَيْبَةُ بْنُ سَعِيدٍ ، حَدَّثَنَا جَرِيرٌ ، عَنْ مَنْصُورٍ ، عَنْ أَبِي وَائِلٍ ، قَالَ : قَالَ عَبْدُ اللَّهِ رَضِيَ اللَّهُ عَنْهُ : مَنْ حَلَفَ عَلَى يَمِينٍ يَسْتَحِقُّ بِهَا مَالًا وَهُوَ فِيهَا فَاجِرٌ لَقِيَ اللَّهَ وَهُوَ عَلَيْهِ غَضْبَانُ ، فَأَنْزَلَ اللَّهُ تَصْدِيقَ ذَلِكَ إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلا فَقَرَأَ إِلَى عَذَابٌ أَلِيمٌ سورة آل عمران آية 77 ، ثُمَّ إِنَّ الْأَشْعَثَ بْنَ قَيْسٍ خَرَجَ إِلَيْنَا ، فَقَالَ : مَا يُحَدِّثُكُمْ أَبُو عَبْدِ الرَّحْمَنِ ، قَالَ : فَحَدَّثْنَاهُ ، قَالَ : فَقَالَ : صَدَقَ لَفِيَّ ، وَاللَّهِ أُنْزِلَتْ كَانَتْ بَيْنِي وَبَيْنَ رَجُلٍ خُصُومَةٌ فِي بِئْرٍ ، فَاخْتَصَمْنَا إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ رَسُولُ اللَّهِ : شَاهِدَاكَ أَوْ يَمِينُهُ ؟ قُلْتُ : إِنَّهُ إِذًا يَحْلِفُ وَلَا يُبَالِي ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَنْ حَلَفَ عَلَى يَمِينٍ يَسْتَحِقُّ بِهَا مَالًا وَهُوَ فِيهَا فَاجِرٌ ، لَقِيَ اللَّهَ وَهُوَ عَلَيْهِ غَضْبَانُ ، فَأَنْزَلَ اللَّهُ تَصْدِيقَ ذَلِكَ ، ثُمَّ اقْتَرَأَ هَذِهِ الْآيَةَ إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلا إِلَى وَلَهُمْ عَذَابٌ أَلِيمٌ سورة آل عمران آية 77 " .
Narrated Abu Wail: Abdullah (bin Mas'ud) said, "Whoever took a false oath in order to grab somebody's property will meet Allah while Allah will be angry with him." Allah revealed the following verse to confirm that:--"Verily! Those who purchase a small gain at the cost of Allah's covenant And their oaths...a painful torment." (3.77) Al-Ash'ath bin Qais came to us and asked as to what Abu Abdur-Rehman (i.e. Ibn Mas'ud) was telling you." We related the story to him. On that he said, "He has told the truth. This verse was revealed about me. I had some dispute with another man regarding a well and we took the case before Allah's Apostle. Allah's Apostle said (to me), "Produce two witnesses (to support your claim); otherwise the defendant has the right to take an oath (to refute your claim).' I said, 'The defendant would not mind to take a false oath." Allah's Apostle then said, 'Whoever took a false oath in order to grab someone else's property will meet Allah, Allah will be angry with him.' Allah then revealed what Confirmed it." Al-Ash'ath then recited the following Verse:--"Verily! Those who purchase a small gain at the cost of Allah's covenant, And their oaths . . . (to) . . . they shall have a painful torment!' (3.77) (See Hadith No. 546)
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
The purpose of citing this hadith is to establish that if the defendant (mad‘a alayh) seizes someone’s wealth by swearing a false oath, he will be considered, in the sight of Allah, a very great criminal, sinner, and accursed, even if, according to the law, he has obtained a decree from the court by swearing a false oath. However, in the sight of Allah, he is actually putting coals of fire into his stomach.
Therefore, it is the duty of the defendant to swear an oath with great thought and caution, and not to consider the decision of the worldly court as the final verdict, for the matter of Allah’s supreme court is very severe.
The purpose of citing this hadith is to establish that if the defendant (mad‘a alayh) seizes someone’s wealth by swearing a false oath, he will be considered, in the sight of Allah, a very great criminal, sinner, and accursed, even if, according to the law, he has obtained a decree from the court by swearing a false oath. However, in the sight of Allah, he is actually putting coals of fire into his stomach.
Therefore, it is the duty of the defendant to swear an oath with great thought and caution, and not to consider the decision of the worldly court as the final verdict, for the matter of Allah’s supreme court is very severe.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2515
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The explanation of this hadith has already been mentioned.
It is evident that if someone swears a false oath in order to usurp another’s wealth, then upon him will be the curse of Allah, and there is no punishment greater than this.
This verse applies to all false dealings.
Imam Bukhari rahimahullah’s purpose in citing this hadith is that, between the mortgagor (rahin) and the mortgagee (murtahin), whoever is the claimant (mudda‘i) will be required to present evidence, and in the case of denial, an oath will be taken from the defendant (mudda‘a alayh).
It is not the claimant’s responsibility to take an oath to prove his claim; rather, it is upon him to provide evidence.
If the defendant does not have any evidence to refute the claim, then he will take an oath that a false claim has been made against him.
(2)
In the case of a dispute regarding mortgaged land, the situation would be as follows:
The mortgagor (the one who gives the mortgage) says: I have mortgaged only the land, while the mortgagee (the one who accepts the mortgage) claims that the trees are also included.
Now, the claimant must provide evidence or present witnesses for his claim; otherwise, the statement of the mortgagor will be accepted upon his taking an oath.
(1)
The explanation of this hadith has already been mentioned.
It is evident that if someone swears a false oath in order to usurp another’s wealth, then upon him will be the curse of Allah, and there is no punishment greater than this.
This verse applies to all false dealings.
Imam Bukhari rahimahullah’s purpose in citing this hadith is that, between the mortgagor (rahin) and the mortgagee (murtahin), whoever is the claimant (mudda‘i) will be required to present evidence, and in the case of denial, an oath will be taken from the defendant (mudda‘a alayh).
It is not the claimant’s responsibility to take an oath to prove his claim; rather, it is upon him to provide evidence.
If the defendant does not have any evidence to refute the claim, then he will take an oath that a false claim has been made against him.
(2)
In the case of a dispute regarding mortgaged land, the situation would be as follows:
The mortgagor (the one who gives the mortgage) says: I have mortgaged only the land, while the mortgagee (the one who accepts the mortgage) claims that the trees are also included.
Now, the claimant must provide evidence or present witnesses for his claim; otherwise, the statement of the mortgagor will be accepted upon his taking an oath.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2515
