صحيح البخاري
Bukhari
كتاب الشهاداتThe Book of Witnesses
بَابُ إِذَا تَسَارَعَ قَوْمٌ فِي الْيَمِينِ:Chapter. If (some people have to take an oath) and each of them wants to take it first.
Hadith 2674
اُردوEn
حَدَّثَنَا إِسْحَاقُ بْنُ نَصْرٍ ، حَدَّثَنَا عَبْدُ الرَّزَّاقِ ، أَخْبَرَنَا مَعْمَرٌ ، عَنْ هَمَّامٍ ، عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ ، " أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَرَضَ عَلَى قَوْمٍ الْيَمِينَ فَأَسْرَعُوا ، فَأَمَرَ أَنْ يُسْهَمَ بَيْنَهُمْ فِي الْيَمِينِ أَيُّهُمْ يَحْلِفُ " .
Narrated Abu Huraira: The Prophet asked some people to take an oath, and they hurried for it. The Prophet ordered that lots should be drawn amongst them as to who would take an oath first.
Related hadith on this topic
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
In the narration of Abu Dawud and Nasa’i, it is stated that two persons claimed ownership of an item and neither had any witnesses. The Prophet (sallallahu alayhi wa sallam) said: Cast lots, and whoever’s name is drawn shall take an oath. In the narration of al-Hakim, it is mentioned that two men claimed ownership of a camel and both presented witnesses. The Prophet (sallallahu alayhi wa sallam) gave half of the camel to each of them. In the narration of Abu Dawud, it is stated that the Prophet (sallallahu alayhi wa sallam) ordered the casting of lots, and the one whose name was drawn was given the item.
In the narration of Abu Dawud and Nasa’i, it is stated that two persons claimed ownership of an item and neither had any witnesses. The Prophet (sallallahu alayhi wa sallam) said: Cast lots, and whoever’s name is drawn shall take an oath. In the narration of al-Hakim, it is mentioned that two men claimed ownership of a camel and both presented witnesses. The Prophet (sallallahu alayhi wa sallam) gave half of the camel to each of them. In the narration of Abu Dawud, it is stated that the Prophet (sallallahu alayhi wa sallam) ordered the casting of lots, and the one whose name was drawn was given the item.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2674
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The aforementioned principle applies in the case where all parties are equal in the causes of entitlement. For example:
An item is in the possession of two claimants, and each one claims the entire item and desires to take it by swearing an oath.
Neither of them has any witnesses, so a lot (drawing of lots) will be cast between them. Whosever name is drawn, he will take an oath and thus become entitled to it.
(2)
It is narrated in Abu Dawud that two men made a claim regarding an item, and neither of them had any witnesses. So the Messenger of Allah (sallallahu alayhi wa sallam) decided the matter by drawing lots, and after taking an oath from one of them, handed the item over to him.
(Sunan Abi Dawud, al-Qada’, Hadith: 3616)
(1)
The aforementioned principle applies in the case where all parties are equal in the causes of entitlement. For example:
An item is in the possession of two claimants, and each one claims the entire item and desires to take it by swearing an oath.
Neither of them has any witnesses, so a lot (drawing of lots) will be cast between them. Whosever name is drawn, he will take an oath and thus become entitled to it.
(2)
It is narrated in Abu Dawud that two men made a claim regarding an item, and neither of them had any witnesses. So the Messenger of Allah (sallallahu alayhi wa sallam) decided the matter by drawing lots, and after taking an oath from one of them, handed the item over to him.
(Sunan Abi Dawud, al-Qada’, Hadith: 3616)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2674
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه البخاري، الشهادات، باب إذا تسارع قوم في اليمين، حديث:2647.»©Explanation:
In a case where the nature of the dispute is such that both parties are claimants (mudda‘i) and both are also defendants (mudda‘a ‘alayh) to each other—in other words, it cannot be determined definitively and with certainty who is the claimant and who is the defendant—then in such a situation, both have the right to take an oath (qasam).
If one of them refuses to take an oath, then the opposing party may take an oath and take possession of the property. And if both parties are willing to take an oath, then in this case, lots (qur‘ah) will be drawn.
Whoever’s name is drawn in the lot will be entitled to take an oath and thus be deemed deserving to take possession of the property.
«أخرجه البخاري، الشهادات، باب إذا تسارع قوم في اليمين، حديث:2647.»©Explanation:
In a case where the nature of the dispute is such that both parties are claimants (mudda‘i) and both are also defendants (mudda‘a ‘alayh) to each other—in other words, it cannot be determined definitively and with certainty who is the claimant and who is the defendant—then in such a situation, both have the right to take an oath (qasam).
If one of them refuses to take an oath, then the opposing party may take an oath and take possession of the property. And if both parties are willing to take an oath, then in this case, lots (qur‘ah) will be drawn.
Whoever’s name is drawn in the lot will be entitled to take an oath and thus be deemed deserving to take possession of the property.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1211
