صحيح البخاري
Bukhari
كتاب الهبةThe Book of Gifts and The Superiority of Giving Gifts and The Exhortation for Giving Gifts
بَابٌ:CHAPTER
Hadith 2624
اُردوEn
حَدَّثَنَا إِبْرَاهِيمُ بْنُ مُوسَى ، أَخْبَرَنَا هِشَامُ بْنُ يُوسُفَ ، أَنَّ ابْنَ جُرَيْجٍ أَخْبَرَهُمْ ، قَالَ : أَخْبَرَنِي عَبْدُ اللَّهِ بْنُ عُبَيْدِ اللَّهِ بْنِ أَبِي مُلَيْكَةَ ، "أَنَّ بَنِي صُهَيْبٍ مَوْلَى ابْنِ جُدْعَانَ ادَّعَوْا بَيْتَيْنِ وَحُجْرَةً ، أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَعْطَى ذَلِكَ صُهَيْبًا ، فَقَالَ مَرْوَانُ : مَنْ يَشْهَدُ لَكُمَا عَلَى ذَلِكَ ؟ قَالُوا : ابْنُ عُمَرَ ، فَدَعَاهُ ، فَشَهِدَ لَأَعْطَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ صُهَيْبًا بَيْتَيْنِ وَحُجْرَةً ، فَقَضَى مَرْوَانُ بِشَهَادَتِهِ لَهُمْ " .
Narrated Asma' bint Abu Bakr (ra): My mother came to me during the lifetime of Allah's Messenger (saws) and she was a Mushrikah (polytheist, idolatress, pagan). I said to Allah's Messenger (saws) (seeking his verdict), "My mother has come to and she desires to recieve a reward from me, shall I keep good relations with her ?" The Prophet (saws) said, "Yes, keep good relation with her."
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
Although the testimony of Abdullah ibn Umar (radi Allahu anhu) could have satisfied the ruler, according to the Shari‘ah, the testimony of a single person is not sufficient, no matter how reliable the witness may be. Marwan must have accepted the testimony of Abdullah ibn Umar (radi Allahu anhu) and taken an oath from the claimants; it is permissible to pass judgment based on one witness and the oath of the claimant. This is the view of the Ahl al-Hadith, Shafi‘i, Ahmad, and the majority of scholars, whereas the Hanafis do not consider this permissible.
Although the testimony of Abdullah ibn Umar (radi Allahu anhu) could have satisfied the ruler, according to the Shari‘ah, the testimony of a single person is not sufficient, no matter how reliable the witness may be. Marwan must have accepted the testimony of Abdullah ibn Umar (radi Allahu anhu) and taken an oath from the claimants; it is permissible to pass judgment based on one witness and the oath of the claimant. This is the view of the Ahl al-Hadith, Shafi‘i, Ahmad, and the majority of scholars, whereas the Hanafis do not consider this permissible.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2624
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
In this case, there was no claim of one party against another, so how was the case decided based on a single witness? Rather, here it was only necessary to ascertain the actual situation, which was clarified.
(2)
It should be noted that this chapter has no title; rather, it is a continuation of the previous chapter's heading.
The relevance is as follows: in this, there is mention of charity and gift (hiba) to Suhayb (radi Allahu anhu). When it was established that the Messenger of Allah (sallallahu alayhi wa sallam) had given the gift, Marwan did not ask whether the Messenger of Allah (sallallahu alayhi wa sallam) had revoked it or not, because in the case of a gift (hiba), revocation is not possible.
It is possible that the issue intended to be established from the presented hadith is that when the recipient of the gift (muhub lahu) passes away, then by consensus, revocation is forbidden.
And Allah knows best.
(1)
In this case, there was no claim of one party against another, so how was the case decided based on a single witness? Rather, here it was only necessary to ascertain the actual situation, which was clarified.
(2)
It should be noted that this chapter has no title; rather, it is a continuation of the previous chapter's heading.
The relevance is as follows: in this, there is mention of charity and gift (hiba) to Suhayb (radi Allahu anhu). When it was established that the Messenger of Allah (sallallahu alayhi wa sallam) had given the gift, Marwan did not ask whether the Messenger of Allah (sallallahu alayhi wa sallam) had revoked it or not, because in the case of a gift (hiba), revocation is not possible.
It is possible that the issue intended to be established from the presented hadith is that when the recipient of the gift (muhub lahu) passes away, then by consensus, revocation is forbidden.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2624
