صحيح البخاري
Bukhari
كتاب الأحكامThe Book of Al-Ahkam (Judgements)
بَابُ الْحُكْمِ فِي الْبِئْرِ وَنَحْوِهَا:Chapter. Judgement regarding cases involving wells, etc.
Hadith 7184
اُردوEn
فَجَاءَ الْأَشْعَثُ ، وَعَبْدُ اللَّهِ يُحَدِّثُهُمْ ، فَقَالَ : فِيَّ نَزَلَتْ وَفِي رَجُلٍ خَاصَمْتُهُ فِي بِئْرٍ ، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : أَلَكَ بَيِّنَةٌ ، قُلْتُ : لَا ، قَالَ : فَلْيَحْلِفْ ، قُلْتُ : إِذًا يَحْلِفُ ، فَنَزَلَتْ : إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ سورة آل عمران آية 77 .
'Al- Ashath came while `Abdullah was narrating (this) to the people. Al-Ashath said, "This verse was revealed regarding me and another man with whom I had a quarrel about a well. The Prophet said (to me), "Do you have any evidence?' I replied, 'No.' He said, 'Let your opponent take an oath.' I said: I am sure he would take a (false) oath." Thereupon it was revealed: 'Verily! those who purchase a small gain at the cost of Allah's Covenant ....' (3.77)۔
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
From this, the legal cases concerning wells and similar matters are established, and it is also derived that if the claimant does not have witnesses, then an oath will be taken from the defendant.
From this, the legal cases concerning wells and similar matters are established, and it is also derived that if the claimant does not have witnesses, then an oath will be taken from the defendant.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 7184
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
This hadith is also evidence that the ruler’s (hakim’s) judgment is enforced outwardly, but he cannot make the unlawful (haram) lawful (halal), nor can he permit what is prohibited. This is because the Messenger of Allah (sallallahu alayhi wa sallam) forbade his ummah from seizing another’s right by swearing a false oath, and he pronounced a severe warning regarding this.
The warning in the Noble Qur’an () concerning this matter is extremely grave: Allah will not speak to such a person, nor will He purify him, but rather He will inflict upon him a severe punishment.
If the judge’s (qadi’s) decision were also effective inwardly and could make the unlawful lawful, then such a person would not be deprived of the honor of conversing with Allah (subhanahu wa ta'ala).
➋
In any case, this hadith states that the Messenger of Allah (sallallahu alayhi wa sallam) gave a ruling regarding the well.
A judge (qadi) should also hear such cases and issue judgments concerning them.
➊
This hadith is also evidence that the ruler’s (hakim’s) judgment is enforced outwardly, but he cannot make the unlawful (haram) lawful (halal), nor can he permit what is prohibited. This is because the Messenger of Allah (sallallahu alayhi wa sallam) forbade his ummah from seizing another’s right by swearing a false oath, and he pronounced a severe warning regarding this.
The warning in the Noble Qur’an () concerning this matter is extremely grave: Allah will not speak to such a person, nor will He purify him, but rather He will inflict upon him a severe punishment.
If the judge’s (qadi’s) decision were also effective inwardly and could make the unlawful lawful, then such a person would not be deprived of the honor of conversing with Allah (subhanahu wa ta'ala).
➋
In any case, this hadith states that the Messenger of Allah (sallallahu alayhi wa sallam) gave a ruling regarding the well.
A judge (qadi) should also hear such cases and issue judgments concerning them.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 7184
