Bukhari

Hadith Commentary:
Emphasis and solemnity in an oath are not established by any specific place, such as a mosque, or by any particular time, such as the time of Asr or the day of Jumu‘ah, etc.
Wherever there is a court and, according to the law of Shari‘ah, the defendant is required to take an oath, the oath should be taken at that very time and place. One should neither wait for a specific time to administer the oath nor take the person to a sacred place for it.
This is because neither place nor time makes any difference to the essence of the oath.
Imam Bukhari rahimahullah intends to clarify precisely this point.

Hadith Commentary:
(1)
Specifying a particular time or place does not affect the essence of the oath; therefore, wherever the court is, the defendant should be made to swear an oath there and the case should be decided accordingly. There is no need to wait for a specific time to administer the oath, nor is it necessary to select a sacred place. However, the majority of scholars hold the view that, in order to intensify the seriousness of the oath, it is permissible to choose a particular place—such as the Prophet’s pulpit in Madinah, the area between the Rukn and Maqam Ibrahim in Makkah, or inside a mosque in other locations—or a specific time, such as after ‘Asr or on a Friday, for administering the oath. Imam Shafi‘i rahimahullah states: There is no harm in taking an oath upon the Mushaf (copy of the Qur’an). (Fath al-Bari: 5/350)

(2)
Imam Bukhari rahimahullah has established from this hadith that such restrictions are not correct. If it were otherwise, then in the case of Ash‘ath ibn Qays radi Allahu anhu, the Messenger of Allah sallallahu alayhi wa sallam would have arranged for the Jew to take an oath while holding the Torah or would have administered the oath in their place of worship, but he did not do so; rather, he concluded the matter by having the oath taken at that very place. And Allah knows best.

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 means of a false oath. However, in the sight of Allah, he is in fact 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.

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 responsible for presenting 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 proof 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 claims, “I have only mortgaged the land,” while the mortgagee 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.

Explanation:
1:
Indeed, those who exchange Allah’s covenant and their oaths for a small price—there will be no share for them in the Hereafter (: Aal Imran: 77).

1.
A false oath is a major sin, especially when the intention is to usurp someone’s wealth. 2.
To unlawfully acquire the wealth of a non-Muslim is also a crime, but for a Muslim to take the wealth of another Muslim through unlawful means is an even greater sin and crime. 3.
Allah, exalted is He, will express anger towards some sinners on the Day of Resurrection. 4.
Anger (ghadab) is an attribute of Allah; one must have faith in it.
And in order to safeguard oneself from Allah’s anger, one should perform righteous deeds and avoid sins.

Benefit:
How complete is Islam as a religion that it has even established laws for the protection of people's wealth. Taking a false oath is a major sin (kabirah). Then, to acquire people's wealth through a false oath is a double crime: one is taking a false oath, and the other is unlawfully acquiring wealth. It is unfortunate that the desire for wealth has become so dominant in people's minds that they are always seen eager to accumulate it. In order to amass it, they resort to theft, robbery, and deception, and people are seen involved in the curse of usury (riba), even though all these means are paths to Hell, which it is obligatory to abandon, and seeking lawful (halal) sustenance is an act of worship.