Narrated Anas bin Malik: When the Prophet intended to write to the Byzantines, the people said, "They do not read a letter unless it is sealed (stamped)." Therefore the Prophet took a silver ring----as if I am looking at its glitter now----and its engraving was: 'Muhammad, Apostle of Allah'.
And which testimony is permissible in this case and which is not, and when a judge writes orders to his deputies. Similarly, when a judge of one country writes to the judge of another country, its explanation. And some people have said that when a judge writes orders to his deputies, they can be acted upon, but not in the prescribed punishments (hudud), because there is a fear that the order might be forged. Then they themselves say that in cases of accidental killing (qatl khata’), the order can be acted upon because it is, in their opinion, like financial claims, although accidental killing is not like financial claims; rather, after proof, its punishment is financial. So the ruling for both accidental and intentional killing should be the same (i.e., in both, the order should not be considered valid). And ‘Umar (may Allah be pleased with him) wrote orders to his governors regarding hudud, and ‘Umar ibn ‘Abd al-‘Aziz wrote an order in the case of breaking a tooth, and Ibrahim al-Nakha‘i said: If a judge recognizes the seal and handwriting of another judge, he may act upon his letter, and this is permissible. And al-Sha‘bi considered the sealed letter that comes from a judge to be permissible, and the same is narrated from ‘Abdullah ibn ‘Umar (may Allah be pleased with them both). And Mu‘awiyah ibn ‘Abd al-Karim al-Thaqafi said: I met ‘Abd al-Malik ibn Ya‘la (the judge of Basra), and Iyas ibn Mu‘awiyah (the judge of Basra), and al-Hasan al-Basri, and Thumamah ibn ‘Abdullah ibn Anas, and Bilal ibn Abi Burdah (the judge of Basra), and ‘Abdullah ibn Buraydah (the judge of Marw), and ‘Amir ibn ‘Ubaydah (the judge of Kufa), and ‘Abbad ibn Mansur (the judge of Basra)—all of them. All of them would accept the letter of one judge to another judge without witnesses. If the second party, who is harmed by this letter, says: “This letter is forged,” then he will be ordered to prove it. And the first to require witnesses on the judge’s letter were Ibn Abi Layla (the judge of Kufa) and Sawwar ibn ‘Abdullah (the judge of Basra). And Abu Nu‘aym Fadl ibn Dukayn narrated to us, ‘Ubaydullah ibn Muharriz narrated to us that I presented witnesses before Musa ibn Anas al-Basri for my claim that so-and-so owes me such-and-such, and he is in Kufa. Then I took his letter to Qasim ibn ‘Abd al-Rahman, the judge of Kufa, and he accepted it. And Imam Hasan al-Basri and Abu Qilabah said: It is disliked to testify on a will until its contents are understood, lest it be oppression or against the Shari‘ah. And the Prophet (peace and blessings of Allah be upon him) sent a letter to the Jews of Khaybar: Either pay the blood money for the person (i.e., ‘Abdullah ibn Sahal) who was killed in your town, or be prepared for war. And al-Zuhri said: If a woman is behind a veil and is recognized by her voice or other means, then testimony can be given about her; otherwise, it cannot.
Hadith Referenceصحيح البخاري / كتاب الأحكام / 7162
And which testimony is permissible in this case and which is not, and when a judge writes orders to his deputies. Similarly, when a judge of one country writes to the judge of another country, its explanation. And some people have said that when a judge writes orders to his deputies, they can be acted upon, but not in the prescribed punishments (hudud), because there is a fear that the order might be forged. Then they themselves say that in cases of accidental killing (qatl khata’), the order can be acted upon because it is, in their opinion, like financial claims, although accidental killing is not like financial claims; rather, after proof, its punishment is financial. So the ruling for both accidental and intentional killing should be the same (i.e., in both, the order should not be considered valid). And ‘Umar (may Allah be pleased with him) wrote orders to his governors regarding hudud, and ‘Umar ibn ‘Abd al-‘Aziz wrote an order in the case of breaking a tooth, and Ibrahim al-Nakha‘i said: If a judge recognizes the seal and handwriting of another judge, he may act upon his letter, and this is permissible. And al-Sha‘bi considered the sealed letter that comes from a judge to be permissible, and the same is narrated from ‘Abdullah ibn ‘Umar (may Allah be pleased with them both). And Mu‘awiyah ibn ‘Abd al-Karim al-Thaqafi said: I met ‘Abd al-Malik ibn Ya‘la (the judge of Basra), and Iyas ibn Mu‘awiyah (the judge of Basra), and al-Hasan al-Basri, and Thumamah ibn ‘Abdullah ibn Anas, and Bilal ibn Abi Burdah (the judge of Basra), and ‘Abdullah ibn Buraydah (the judge of Marw), and ‘Amir ibn ‘Ubaydah (the judge of Kufa), and ‘Abbad ibn Mansur (the judge of Basra)—all of them. All of them would accept the letter of one judge to another judge without witnesses. If the second party, who is harmed by this letter, says: “This letter is forged,” then he will be ordered to prove it. And the first to require witnesses on the judge’s letter were Ibn Abi Layla (the judge of Kufa) and Sawwar ibn ‘Abdullah (the judge of Basra). And Abu Nu‘aym Fadl ibn Dukayn narrated to us, ‘Ubaydullah ibn Muharriz narrated to us that I presented witnesses before Musa ibn Anas al-Basri for my claim that so-and-so owes me such-and-such, and he is in Kufa. Then I took his letter to Qasim ibn ‘Abd al-Rahman, the judge of Kufa, and he accepted it. And Imam Hasan al-Basri and Abu Qilabah said: It is disliked to testify on a will until its contents are understood, lest it be oppression or against the Shari‘ah. And the Prophet (peace and blessings of Allah be upon him) sent a letter to the Jews of Khaybar: Either pay the blood money for the person (i.e., ‘Abdullah ibn Sahal) who was killed in your town, or be prepared for war. And al-Zuhri said: If a woman is behind a veil and is recognized by her voice or other means, then testimony can be given about her; otherwise, it cannot.
Narrated Anas bin Malik: When the Prophet intended to write to the Byzantines, the people said, "They do not read a letter unless it is sealed (stamped)." Therefore the Prophet took a silver ring----as if I am looking at its glitter now----and its engraving was: 'Muhammad, Apostle of Allah'.
Hadith Referenceصحيح البخاري / كتاب الأحكام / 7162
Hadith Gradingمحدثین:أحاديث صحيح البخاريّ كلّها صحيحة