Bukhari

Hadith Commentary:
It is understood that if a judge’s decision is incorrect, it will not be enforced.

Hadith Commentary:
➊
In one narration, it is mentioned that their dispute was regarding an inherited property which had become completely dilapidated and old, and neither of them had any witnesses, etc. When the Messenger of Allah (sallallahu alayhi wa sallam) warned them regarding the rights of others, both began to weep and renounced their claim to the property, and each of them said: "O Messenger of Allah (sallallahu alayhi wa sallam)! You may give the property to the other." Upon hearing this, the Messenger of Allah (sallallahu alayhi wa sallam) said: "If you are both willing, then divide this property, then strive to ascertain the right. After that, determine your share by drawing lots, and seek forgiveness from one another." (Tahaawi: 287/2, Kitab al-Fada’ wa al-Shahadat)

➋
In any case, whether the wealth is little or much, if someone seizes it through unlawful means and deprives the rightful owner of it, then in both situations, the aforementioned warning will be faced. And Allah knows best.

Hadith Commentary:
Those jurists of Islam should reflect who consider the judge’s verdict to be valid both outwardly and inwardly. Even if it is extremely erroneous and filled with injustice and oppression—such as if someone forcibly seizes another’s wife and files a claim before a judge, then presents two false witnesses in his defense, and the judge accepts it—then the erroneous verdicts of such judges will not be correct, no matter how many judges accept them and rule in favor of the usurper. Falsehood will remain falsehood.

Hadith Commentary:
➊
Imam Bukhari rahimahullah did not establish any heading for this hadith, as if it serves as a section for the previous heading. Therefore, the relevance of the mentioned hadith will be with the previous chapter, which is absolutely clear: if a judge makes a decision based on lies or false witnesses, and the recipient knows that this is not his right but rather someone else’s, then the court’s decision will not make this right his. Rather, he should consider it as a piece of fire for himself, because a court’s decision cannot make something unlawful lawful, nor something lawful unlawful.

➋
In reality, Imam Bukhari rahimahullah has taken up the task of eliminating the supports of schemers. This is based on a well-known disputed issue: whether a court’s decision based on false witnesses is effective both outwardly and inwardly, or only outwardly and has no inward significance.
The outward aspect means that the decision is only effective in resolving worldly disputes, but it does not establish permissibility in the Hereafter. Legally, the claimant will certainly benefit from it, but in the Hereafter he will definitely be held accountable, because he knowingly usurped someone else’s right.
This is the position of the majority of scholars and Imam Bukhari rahimahullah, as is also evident from the aforementioned hadith.

➌
The inward aspect means that, in the sight of Allah, that thing also becomes lawful for the claimant, and he will not incur any sin, nor will he be held accountable in the Hereafter. This is the position of the scholars of Kufa.
The noble hadith scholars rahimahullah have strictly rejected this position.
Foremost among them is Imam Bukhari rahimahullah.
He has proven from the aforementioned hadith that, let alone a court’s decision, even the decision of the Messenger of Allah sallallahu alayhi wa sallam himself cannot save such a person from accountability in the Hereafter in such circumstances. Rather, the Messenger of Allah sallallahu alayhi wa sallam clearly stated that whoever obtains a decision in his favor from me through clever speech, that right will never become lawful for him; rather, I am cutting for him a piece of fire.

➍
In this context, we invite those noble jurists to reflect,
who consider a court’s decision based on false witnesses to be effective both outwardly and inwardly, even if it is filled with error and injustice.
Just open the eyes of imagination and consider: if some evil schemer forcibly snatches someone’s innocent daughter and claims in court that she is his wife, and to prove his claim presents two false witnesses, and the court, relying on those witnesses, decides in his favor—will that innocent girl really become his wife, and will it become lawful for him to fulfill his desires with her? In any case, in such cases, the court’s decisions will not be correct, even if all the courts of the world accept it and rule in favor of the usurper. But a lie will remain a lie.
We will further clarify this issue in the future,
by the permission of Allah Ta’ala.

Hadith Commentary:
That is, until revelation comes to me from Allah, I too remain unaware of matters of the unseen just like you, because I am also a human being and am not free from the requirements of humanity.

This hadith refutes those foolish people who assert knowledge of the unseen (‘ilm al-ghayb) for the Prophet (sallallahu alayhi wa sallam), or who do not consider the Prophet (sallallahu alayhi wa sallam) to be a human being, but rather attribute to him the qualities of divinity.

﴿قَاتَلَهُمُ اللَّهُ أَنَّى يُؤْفَكُونَ﴾ (Wahidi)

Hadith Commentary:
(1)
From this it is understood that a person who knowingly argues over something unjust and succeeds in taking someone else's right becomes deserving of Hell. Furthermore, nothing unjust becomes permissible by the judge's verdict; his decision will be enforceable only outwardly, not inwardly. That is, the verdict will not be valid between Allah, the Exalted, and the one who takes something unjustly; rather, there will certainly be accountability on the Day of Resurrection.

(2)
This is the position of the majority of the scholars, because the Messenger of Allah (sallallahu alayhi wa sallam) himself said:
I give judgment based on how the matter is presented before me.
If someone wins the case through clever speech and, by my verdict, usurps another's right, then what he is taking is a piece of fire—let him accept it or leave it. That is, he himself is responsible for taking someone else's right; my verdict does not make that thing permissible for him.

Hadith Footnote:

Umm Salamah radi Allahu anha was the daughter of Abu Umayyah.
She was first married to Abu Salamah.
After his death in the year 4 AH, she entered the Sacred Household of the Prophet (sallallahu alayhi wa sallam).
She passed away at the age of 84 in the year 59 AH and was buried in Baqi’ al-Gharqad.
Radi Allahu anha wa ardaaha.

Hadith Commentary:
➊
If a judge, being influenced by false witnesses, issues a verdict, will it be enforceable with regard to both outward and inward matters? On this, the majority of scholars hold the view that such a verdict will be enforceable outwardly so that the dispute may be resolved, but inwardly it will not be enforceable; rather, in the sight of Allah, the one in whose favor the verdict was given will be held accountable, as is evident from the above hadith.
However, some scholars say that a verdict based on the testimony of witnesses is a devotional ruling (hukm ta‘abbudi), so it will be enforceable inwardly as well, and such a person will not be held accountable by Allah. However, if the judge issues a verdict not on the basis of the witnesses’ testimony but due to his personal knowledge, then it will be rejected.

➋
Imam Bukhari rahimahullah has established that a judge’s verdict does not make the unlawful lawful, nor the lawful unlawful; therefore, one who takes the right of another should reflect deeply.
And Allah knows best.

Hadith Commentary:
In this hadith, the position of Imam Malik, Shafi'i, Imam Ahmad, and the majority of scholars is established: that the judge's (qadi's) ruling is effective outwardly (zahir) and not inwardly (batin). That is, if a judge makes a decision in error, then for the one in whose favor the decision is made, that thing will be permissible for him before Allah only outwardly. This is a refutation of the Hanafis, according to whom the judge's ruling is effective both outwardly and inwardly.

It is also derived from the hadith that even the Prophet (sallallahu alayhi wa sallam) could be deceived, and he did not possess knowledge of the unseen (ilm al-ghayb). And when it was possible for you—who are the best of all creation—to make a mistake, then what reality or status does any other judge, mujtahid, imam, or scholar have? And how foolish is the person who considers any mujtahid or spiritual guide (pir) to be infallible from error.

(Wahidi)

Hadith Commentary:
(1)
It is understood from this hadith that a judge’s (qadi’s) verdict does not make the unlawful (haram) lawful (halal), nor the lawful unlawful. This applies equally to transactions and contracts. There is consensus among all scholars on this matter. Therefore, if two false witnesses testify regarding someone’s wealth and the judge, based on their apparent truthfulness, passes a verdict in favor of that person, the wealth decided for him will not become lawful (halal) for him. Similarly, if false witnesses testify against someone in a case of murder, it is not permissible for the heir of the murdered person to exact retribution (qisas) if he knows that the witnesses are lying.

(2)
Allamah Kirmani rahimahullah states: The situation mentioned in the hadith will be conceivable when, after taking an oath, witnesses are presented. The commentator of Bukhari, Ibn Munir rahimahullah, has explained the relevance of this hadith to the chapter heading in these words: By taking a false oath, a person cannot make something lawful for himself or establish his right over it. That thing will remain unlawful (haram) for him even after taking the oath. Whether before or after taking the oath, the thing belongs to the rightful owner if he brings forth witnesses. (Fath al-Bari: 5/355)

Hadith Commentary:
It is understood from this that the decision of any judge (qadi) cannot be correct in the sight of Allah, even if it is enforced; what is wrong remains wrong.
From this hadith, the position of Imam Malik, Imam Shafi'i, Imam Ahmad, the Ahl al-Hadith, and the majority of scholars is established: that the judge's decision is enforced outwardly, but something that is unlawful (haram) does not become lawful (halal) by his decision, nor does something lawful become unlawful. And the statement of Imam Abu Hanifah rahimahullah is refuted, which held that the judge's decision is enforced both outwardly and inwardly. The discussion of this issue has already been mentioned above.
It is also derived from the hadith that the Messenger of Allah sallallahu alayhi wa sallam did not possess knowledge of the unseen (ghayb).
However, if Allah, the Exalted, informed him, then he would know.

Hadith Commentary:
From this it is understood that when a judge (qadi) is making a decision, he should admonish and advise both parties that no one should encroach upon the right of another, but rather, each should strive and make efforts only to obtain his own rightful due.

Furthermore, this hadith shows that the judge’s decision is only enforced outwardly (apparently). Through it, the dispute comes to an end, but something that is unlawful (haram) does not become lawful (halal) by virtue of this decision, nor does something lawful become unlawful.

No erroneous decision of any judge can be correct in the sight of Allah, such that it would be enforced as it is. An error remains an error, as we have already explained in the Book of Hudud (Kitab al-Hudud).

And Allah knows best.

Hadith Commentary:
Vocabulary of the Hadith:
(1)
أَلحَنَ بِحُجَّتِهِ:
He understands his argument better and presents it in a more effective manner.
(2)
قَطَعْتُ لَهُ مِنْ حَقِّ أَخِيْهِ:
I grant him or give him something from his brother’s right.

Benefits and Issues:
This hadith establishes that the decision of a judge or ruler is based on what is apparent,
meaning he decides according to what he hears from the witnesses outwardly,
and he does not know whether the witnesses are lying.
Therefore, if a claimant proves his claim with false witnesses,
since he knows that he has presented false witnesses and the actual reality is not what he has established through the witnesses,
he should not use the decision in his favor.
When the decision of the Messenger of Allah (sallallahu alayhi wa sallam) cannot change the actual reality,
(even though Allah could have informed him, sallallahu alayhi wa sallam, of the actual reality)
so that it remains clear to the Ummah that a decision implemented in court by establishing false witnesses will be enforced,
but in the Hereafter, this person will be considered a criminal and will deserve punishment.
The view of the majority of scholars is in accordance with this hadith,
that is, Imam Malik,
Shafi’i,
Ahmad,
Awza’i,
Ishaq,
Abu Thawr,
Dawud, and Ibn al-Hasan rahimahullah all hold this position.
However, according to Imam Abu Hanifah, if the ruler makes a decision regarding a contract,
annulment of a contract, or divorce based on the testimony of false witnesses, then his decision will be effective both outwardly and inwardly (in actual reality).
For example, if two witnesses collude and testify about a person that he has divorced his wife, and the judge accepts the testimony and separates the husband and wife, then even though the witnesses know that they have lied,
after the waiting period (‘iddah) has passed, he can marry her again. Or if a woman prepares false witnesses and has them testify falsely that a certain man married her but does not maintain her, and the judge accepts this marriage, then that woman will be lawful for that man? Even though the reality is that he did not marry her, so the truth is not changed by a lie.
Therefore, from an outward perspective, this decision will be enforced,
but from the perspective of reality, it is not correct.
Therefore, that woman is not lawful for him in reality,
and in reality, they are fornicators,
even though outwardly they are considered husband and wife. And the Hanafi position that this constitutes a new contract,
i.e., as if the judge has performed the marriage,
is not correct,
because the judge has accepted a false marriage based on false testimony,
he has not performed a new marriage.
The real objective of the Shari’ah is that a Muslim should not use unlawful means,
because when an unlawful means cannot save him from sin and crime and will be the cause of his destruction in the Hereafter, then why should it be used? And it is strange that
the Hanafis themselves admit that establishing false witnesses
is a forbidden act and that the person committing it is guilty of a major sin
(Takmila,
vol. 2,
p. 572),
so how can it be effective inwardly?
It could only be effective inwardly if, on the basis of the judge’s decision, he could be saved from punishment in the Hereafter, which even according to the Hanafis is not possible.
Therefore, the fatwa of Imam Abu Yusuf and Imam Muhammad is in accordance with the majority, and some Hanafi Imams used to give fatwa according to this view.
(Takmila,
vol. 2,
p. 571)

Hadith Commentary:
Vocabulary of the Hadith:
(1)
Jalabah or Lajabah:
Noise,
Clashing of voices.
(2)
Khasm:
Used for both singular and plural, and here it is in the plural sense,
Those who dispute.

Benefits and Issues:
INNAMA ANA BASHAR:
I am also a human being, and a human does not possess knowledge of the unseen nor is he aware of the inner realities of things.
Therefore, as a judge and arbiter, I make decisions based on what is apparent, just like any ordinary human,
So that for judges and rulers who come after me,
My decision becomes a model and example for them, that they are bound to decide according to the principles of Shariah, based on evidence (shahadah)
or oath (qasam),
They are not bound to reach the actual truth of whether the testimony or oath is true or false,
As long as they consider the witnesses or oath to be correct,
Even if in reality it is false, they will decide accordingly.
Now it is the responsibility of the claimant (mudda'i) and the defendant (mudda'a alayh) not to adopt a wrong approach,
If they adopt a wrong approach, they will be guilty,
The judge will be free of blame,
That is why the Prophet sallallahu alayhi wa sallam addressed the one who gives false testimony or uses clever speech, that he should not consider the judge’s decision as a justification when the claimant is aware of the actual truth,
Otherwise, the Prophet sallallahu alayhi wa sallam was a Messenger,
Allah ta'ala could have informed him of the actual reality, and he sallallahu alayhi wa sallam could have decided according to the real truth and event.

FA-AHSIBU ANNAHU SADIQ:
That is, I may consider the one who uses eloquence or presents his case in an effective manner to be truthful,
In this way, it relates to the decision or the case,
As for the rulings and commands for the Ummah that the Prophet sallallahu alayhi wa sallam gave from his own ijtihad (independent reasoning),
It does not relate to that,
Because there, even if according to the majority, the possibility of error is accepted, still the Prophet sallallahu alayhi wa sallam would immediately be corrected by Allah, and making a decision in a case based on what is apparent is not a mistake or error,
Rather, the judge and ruler are bound to this, and the Prophet sallallahu alayhi wa sallam, being an example, was bound to this principle,
Therefore, he was not to be informed by Allah of the actual reality of the situation,
Otherwise, it would not be possible for rulers to make decisions.

FAL-YAHMILHA AW YADHARHA:
Let him take it or leave it,
This is not for granting choice,
Rather, it is for warning and threat,
As He said:
﴿FAMAN SHAA'A FAL-YU'MIN WAMAN SHAA'A FAL-YAKFUR﴾ Whoever wills, let him believe, and whoever wills, let him disbelieve, and He said:
﴿I'MALU MA SHI'TUM﴾ Do whatever you wish,
The purpose is that ultimately you will have to appear before Us, and We will take account and question you.

Explanation:
1:
That is, he can present his argument in a better manner compared to the other.

2:
This hadith is evidence that judgment must be passed in light of apparent statements.
The decision of the judge cannot, in reality, bring about any change in the actual matter,
and in essence, cannot make the unlawful lawful, nor the lawful unlawful.
This is the opinion of the majority.
However, Imam Abu Hanifah rahimahullah says that the judge’s decision is effective both outwardly and inwardly. For example, if a judge, on the basis of false testimony, decides that a certain woman is the wife of a certain man, even though she is a stranger to him, then according to Imam Abu Hanifah rahimahullah, she will become lawful for that man.

(1) The heading established by Imam Nasa’i rahimahullah aims to clarify this important issue: that a qadi (judge) will issue a verdict based on apparent evidence. Therefore, if any qadi or ruler, etc., gives an incorrect verdict, it will indeed be incorrect and unlawful. A verdict given unlawfully by any person does not become legally valid in Shari’ah. The qadi, arbitrator, ruler, or judge, etc., will issue a verdict according to the type of evidence presented before them; thus, by their verdict, neither will anything unlawful become lawful, nor will anything lawful become unlawful. Rather, the burden of sin will fall upon the one who provided false evidence.

(2) Persisting in falsehood, as well as supporting and advocating for falsehood, is, according to Shari’ah, unlawful and impermissible. Any lawyer who fights an unlawful and false case and takes compensation for it is himself consuming the unlawful and feeding his family the unlawful as well. May Allah protect us from this.

(3) From this blessed hadith, it is also understood that even the greatest mujtahid (independent jurist) can make a mistake, and his mistake will, in Shari’ah, remain a mistake. Due to apparent evidence, something does not become truly lawful or unlawful. However, the mujtahid will certainly receive reward for his ijtihad (independent reasoning) and effort, provided he did not make the mistake deliberately. One who errs knowingly will be sinful.

(4) This blessed hadith also proves that regarding any issue about which no revelation had been sent down, the Messenger of Allah sallallahu alayhi wa sallam would issue a verdict based on his own ijtihad. And Allah knows best.

(5) “I am a human being”—it is possible to make a mistake in understanding evidence. I am not one who knows the unseen, that I should reach the exact reality. I can only issue a verdict based on apparent evidence.

The judge’s verdict cannot make the unlawful lawful. This is the position of the majority of scholars. The Hanafis restrict this narration to matters of wealth. In their view, it is as if contracts—such as sale, marriage (nikah), divorce (talaq), etc.—would become void by the judge’s verdict, but this is without evidence. For contracts, the consent of both parties is necessary, not the judge’s verdict (see also Hadith: 5403).

Benefits and Issues:

➊
A judge should strive to make a correct decision in light of the arguments of both parties, the testimony of witnesses, and other indications.
Nevertheless, if he makes an incorrect decision, he will not be sinful for it.

➋
If a person knows that his stance in a matter is not correct, but the judge rules in his favor, this does not change the actual reality; therefore, it is not permissible for him to take that thing which the judge has declared to be his.

➌
In light of this hadith, the scholars have stated this principle:
The judge’s decision is effective outwardly, not inwardly.
This means that the judge’s decision does not make someone else’s property lawful, for example, if by means of false witnesses it is decided that a certain woman’s marriage has taken place, then it is not permissible for the man to establish marital relations with that woman.
If he does so, he will be committing adultery (zina), and on the Day of Resurrection he will receive its punishment.
Similarly, if the judge decides that a certain woman has been divorced, while in reality the man has not issued a divorce, then the man will not be guilty before Allah for maintaining marital relations with his wife.

➍
The Prophet (sallallahu alayhi wa sallam) did not possess knowledge of the unseen (ilm al-ghayb); however, in some matters, he would be informed through revelation (wahy).

➎
Wealth acquired unlawfully will be a cause of punishment on the Day of Resurrection, as well as a source of disgrace, when the criminal will be present before all people along with the evidence of his crime, and he will be punished publicly in accordance with it.

Takhrij:
«أخرجه البخاري، الأحكام، باب موعظة الإمام للخصوم، حديث:7169، ومسلم، الأقضية، باب الحكم بالظاهر واللحن بالحجة، حديث:1713.»©Explanation:
➊ This hadith is evidence that judgment is obligatory in light of apparent statements.
➋ The decision of a judge cannot bring about any change in the reality of a thing nor can it alter any matter; that is, he can neither make the unlawful lawful nor the lawful unlawful.
This is the position of the majority, but Imam Abu Hanifah rahimahullah says that the judge’s decision is enforced both outwardly and inwardly. For example: if a judge, on the basis of false testimony, rules that a certain woman is the wife of a certain man, even though that woman is a stranger (ajnabiyyah), then she becomes lawful (halal) for that man.
However, the repugnance and invalidity of this statement is not hidden from anyone.

Benefit:
This hadith establishes that a qadi (judge) and judge, when making a decision, should listen to the statements of both parties and, after thorough investigation, issue a verdict based on the statements of the people. The parties involved should act with honesty and should not oppress their opposing party. Because even if today, by giving a bribe or by lying, one manages to get a verdict in their favor, it is only possible to escape temporary punishment; however, the Day of Judgment is certain to come. On that day, there will be justice, and no one will be wronged. We should fear the reckoning of that day and must not commit any injustice or excess against any human being in this world. Suppose, even if someone becomes the owner of another’s property in this world through clever speech or lying, that is not true success; rather, it is failure in both worlds.