Hadith 2315

حَدَّثَنَا إِسْمَاعِيل بْنُ تَوْبَةَ ، حَدَّثَنَا خَلَفُ بْنُ خَلِيفَةَ ، حَدَّثَنَا أَبُو هَاشِمٍ ، قَالَ : لَوْلَا حَدِيثُ ابْنِ بُرَيْدَةَ ، عَنْ أَبِيهِ ، عَنْ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " الْقُضَاةُ ثَلَاثَةٌ : اثْنَانِ فِي النَّارِ ، وَوَاحِدٌ فِي الْجَنَّةِ رَجُلٌ عَلِمَ الْحَقَّ فَقَضَى بِهِ فَهُوَ فِي الْجَنَّةِ وَرَجُلٌ قَضَى لِلنَّاسِ عَلَى جَهْلٍ فَهُوَ فِي النَّارِ وَرَجُلٌ جَارَ فِي الْحُكْمِ فَهُوَ فِي النَّارِ لَقُلْنَا إِنَّ الْقَاضِيَ إِذَا اجْتَهَدَ فَهُوَ فِي الْجَنَّةِ " .
´Abu Hashim said:` “Were it not for the Hadith of Ibn Buraidah from his father, from the Prophet (ﷺ) who said: 'Judges are of three types, two of whom will be in Hell and one will be in Paradise. The man who knows the truth and rules in accordance with it, will be in Paradise. The man who passes judgment on the people in ignorance will be in Hell' - we would have said that if the judge does his best he will be in Paradise.”
Hadith Reference سنن ابن ماجه / كتاب الأحكام / 2315
Hadith Grading الألبانی: صحيح  |  زبیر علی زئی: ضعيف, إسناده ضعيف, سنن أبي داود (3573) ترمذي (1322ب), انوار الصحيفه، صفحه نمبر 462
Hadith Takhrij « سنن ابی داود/الأقضیة 2 ( 3573 ) ، ( تحفة الأشراف : 2009 ) ، وقد أخرجہ : سنن الترمذی/الأحکام 1 ( 1322 ) ( صحیح ) »
Explanation & Benefits
Maulana Ataullah Sajid
Commentary:
Benefits and Issues:


The aforementioned narration has been declared weak in chain of transmission by our esteemed researcher, whereas other scholars have considered it authentic, and in their view, this narration is actionable and authoritative. Shaykh al-Albani rahimahullah has conducted a thorough and sufficient discussion regarding the authentication of this narration. For details, see: (al-Irwa’: 8/235, no. 2614). Therefore, the position of judge carries a very great responsibility.


It is necessary for the judge that, at the time of passing judgment, he should be certain as to what is correct, and then issue his verdict accordingly.


It is not permissible to issue a verdict after a cursory hearing, when the matter has not been thoroughly investigated and the truth has not been ascertained.


When it becomes clear that the truth is with a certain party, but the verdict is given in favor of the other, this is injustice, and its punishment is Hellfire. Sometimes, the reason for such injustice is some temporary worldly benefit. This benefit is included in bribery, due to which there is a curse. (See Hadith: 2313)


Even though an ijtihadi (scholarly) error is forgiven, the truth does not change; therefore, when it becomes known that a mistake has been made, the judge or mujtahid should retract his judgment or fatwa.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2315
Shaykh Dr. Abdur Rahman Freywai
Urdu Footnote:
Note:
(In the chain of narration, Abdul Malik bin Abi Jameelah is majhool [unknown].)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1322
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: To knowingly give a verdict against the truth, or to sit among people and make judgments while being ignorant—both are ways of casting oneself into Hellfire.
Therefore, it is obligatory that this position be entrusted only to people of knowledge and people of resolve, and even then, they should act with courage and thus become deserving of Paradise. When such people remain in the background, oppressors commit oppression.
And ignorance prevails and spreads.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3573
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، القضاء، باب في القاضي يخطيء، حديث:3573، والترمذمي، الأحكام، حديث:1322م، وابن ماجه، الأحكام، حديث:2315، والنسائي، في الكبرٰي:3 /462، حديث:5922، والحاكم:4 /90.»©

Explanation:
➊ The aforementioned narration has been declared weak in chain (sanad) by our esteemed researcher, whereas other scholars have considered it authentic (sahih). Shaykh al-Albani rahimahullah has discussed this matter in detail, from which the opinion favoring the authentication of the hadith appears closer to correctness. And Allah knows best. For further details, see: (Irwa’ al-Ghalil: 8/235, 237, no. 2614).

➋ In this hadith, the types of those who judge in court—who are called qadi or judge—have been mentioned. Among them, two types of judges are such that they will become fuel for the Hellfire: one who does not know or recognize the truth, and the other who, despite knowing and recognizing the truth, does not judge accordingly. In this, his dishonesty may play a role, as well as negligence and carelessness in investigation and research. The judge who will be saved from Hellfire is the one who recognizes the truth and gives the rightful person his due, not caring about the blame of any blamer.

➌ From this, it is also understood that it is not correct to appoint an ignorant person to the position of judge (qada).

➍ In order to resolve any disputed matter, it is obligatory and mandatory to ascertain the truth and then judge accordingly.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1188