Chapter. The defendant has to take an oath wherever it becomes legally compulsory, and it is not imperative to take him from his place to another place (i.e., a sacred place like a mosque) for this purpose.
Narrated Ibn Mas`ud: The Prophet said, "Whoever takes a (false) oath in order to grab (others) property, then Allah will be angry with him when he will meet Him."
And Marwan bin Hakam judged a case of Zaid bin Thabit (may Allah be pleased with him) while sitting on the pulpit, and (because he was the defendant) said to him, "Come to my place and take an oath." But Zaid (may Allah be pleased with him) began to take the oath from his own place and refused to come near the pulpit to take the oath. Marwan was astonished at this. And the Prophet (peace and blessings of Allah be upon him) had said (to Ash'ath bin Qais), "Bring two witnesses, otherwise the judgment will be based on his (the Jew's) oath." The Prophet (peace and blessings of Allah be upon him) did not specify any particular place for this.
Hadith Referenceصحيح البخاري / كتاب الشهادات / 2673
And Marwan bin Hakam judged a case of Zaid bin Thabit (may Allah be pleased with him) while sitting on the pulpit, and (because he was the defendant) said to him, "Come to my place and take an oath." But Zaid (may Allah be pleased with him) began to take the oath from his own place and refused to come near the pulpit to take the oath. Marwan was astonished at this. And the Prophet (peace and blessings of Allah be upon him) had said (to Ash'ath bin Qais), "Bring two witnesses, otherwise the judgment will be based on his (the Jew's) oath." The Prophet (peace and blessings of Allah be upon him) did not specify any particular place for this.
Narrated Ibn Mas`ud: The Prophet said, "Whoever takes a (false) oath in order to grab (others) property, then Allah will be angry with him when he will meet Him."
Hadith Referenceصحيح البخاري / كتاب الشهادات / 2673
Hadith Gradingمحدثین:أحاديث صحيح البخاريّ كلّها صحيحة