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سنن ابن ماجه
Ibn Majah
كتاب الأحكامThe Chapters on Rulings
بَابُ : الْحَاكِمِ يَجْتَهِدُ فَيُصِيبُ الْحَقَّChapter: When The Judge Does His Best (To Reach A Verdict) And Gets It Right
Hadith 2315
اُردوEn
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.”
Related hadith on this topic
Brief Explanation
1؎ : From this hadith it is understood that mere ijtihad (independent juristic reasoning) is not sufficient; rather, knowledge of the truth, that is, certainty, is necessary. According to the scholars, this hadith is interpreted as a warning and emphasis, and there is consensus that for judicial verdicts, mere ijtihad—that is, predominance of opinion—is sufficient. There remains the possibility of error in this, and from another hadith it is established that if the mujtahid (one qualified to exercise ijtihad) errs, he will still receive one reward. This hadith also shows that it is necessary for a judge (qadi) to be a mujtahid, and it is not valid for a muqallid (blind follower) to be a judge, because the application of the knowledge of the Book and Sunnah is only upon the mujtahid, while the muqallid is unaware of the Book, Sunnah, and evidence; he only knows the statement of his own imam. Therefore, the mujtahid will decide in the light of the Book and Sunnah according to what Allah, the Exalted, shows him, whereas the muqallid will decide according to the opinion of his imam. And the statement of Allah, the Exalted, is: «وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللّهُ فَأُوْلَئِكَ هُمُ الْكَافِرُونَ» (Surah al-Ma'idah: 44) «وَمَن لَّمْ يَحْكُم بِمَا أنزَلَ اللّهُ فَأُوْلَئِكَ هُمُ الظَّالِمُونَ» (Surah al-Ma'idah: 45) «وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللّهُ فَأُوْلَئِكَ هُمُ الْفَاسِقُونَ» (Surah al-Ma'idah: 47), and judging according to what Allah has revealed is the characteristic of the mujtahid, not the muqallid. And in the well-known hadith regarding the opinion of Mu'adh radi Allahu anhu, about which some scholars have discussed its authenticity, his statement is: (I will judge according to the Book of Allah; if I do not find it therein, then according to the Sunnah of the Messenger sallallahu alayhi wa sallam; and if I do not find it therein, then I will judge according to my own opinion.) This too is the characteristic of the mujtahid. The muqallid neither looks at the Qur'an nor the hadith; he only acts upon Durr al-Mukhtar, Kanz, and Waqayah, and he is not even aware whether this ruling exists in the Book and Sunnah or not. (See: al-Rawdah al-Nadiyyah)
Explanation & Benefits
Maulana Ataullah Sajid
Commentary:
Benefits and Issues:
➊
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.
➋
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.
➌
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.
➍
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)
➎
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.
Benefits and Issues:
➊
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.
➋
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.
➌
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.
➍
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)
➎
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].)
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.
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.
«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
