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سنن ابن ماجه
Ibn Majah
كتاب الأحكامThe Chapters on Rulings
بَابُ : الْبَيِّنَةُ عَلَى الْمُدَّعِي وَالْيَمِينُ عَلَى الْمُدَّعَى عَلَيْهِChapter: The Burden Of Proof Rests With The Plaintiff And An Oath Is Required From The One The Cla
Hadith 2321
اُردوEn
حَدَّثَنَا حَرْمَلَةُ بْنُ يَحْيَى الْمِصْرِيُّ ، حَدَّثَنَا عَبْدُ اللَّهِ بْنُ وَهْبٍ ، أَنْبَأَنَا ابْنُ جُرَيْجٍ ، عَنِ ابْنِ أَبِي مُلَيْكَةَ ، عَنِ ابْنِ عَبَّاسٍ ، أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " لَوْ يُعْطَى النَّاسُ بِدَعْوَاهُمُ ادَّعَى نَاسٌ دِمَاءَ رِجَالٍ وَأَمْوَالَهُمْ وَلَكِنْ الْيَمِينُ عَلَى الْمُدَّعَى عَلَيْهِ " .
´It was narrated from Ibn 'Abbas that the Messenger of Allah (ﷺ) said:` “If the people were given what they claimed, some would have claimed the lives and property of men. But the one the claim is made against is obliged to swear an oath.”
Related hadith on this topic
Brief Explanation
1؎: When the claimant does not have witnesses and the defendant takes an oath, then he is acquitted from the claim. If the defendant is not willing to take an oath, then he must fulfill the claimant’s right according to the claim.
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
The resolution of mutual disputes is based on testimony. In this, it is necessary for the witness to be trustworthy; therefore, it is essential to appoint witnesses at the time of buying and selling, especially when the transaction is valuable or the amount on credit is so large that there is a possibility of dispute regarding its payment or non-payment. Allah the Exalted has said:
“And appoint two men as witnesses from among your men. If two men are not available, then one man and two women from those whom you approve as witnesses.”
➋
When the claimant (plaintiff) is unable to present witnesses in a case, then an oath is taken from the defendant, and he will testify to the truth of his position by swearing by Allah.
➌
A decision cannot be made based on the claimant’s oath; for this, it is necessary to present witnesses.
➊
The resolution of mutual disputes is based on testimony. In this, it is necessary for the witness to be trustworthy; therefore, it is essential to appoint witnesses at the time of buying and selling, especially when the transaction is valuable or the amount on credit is so large that there is a possibility of dispute regarding its payment or non-payment. Allah the Exalted has said:
“And appoint two men as witnesses from among your men. If two men are not available, then one man and two women from those whom you approve as witnesses.”
➋
When the claimant (plaintiff) is unable to present witnesses in a case, then an oath is taken from the defendant, and he will testify to the truth of his position by swearing by Allah.
➌
A decision cannot be made based on the claimant’s oath; for this, it is necessary to present witnesses.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2321
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
The legal principle in transactions is that the claimant must present evidence, and if he cannot present evidence, then the one against whom the claim is made can clear himself of the accusation by taking an oath.
In certain specific circumstances, a decision can also be made by having the claimant take an oath, as occurs in the case of Qasamah.
➋
The rule is that, regardless of the specific context of revelation (shaan-e-nuzool) of a verse, the general meaning of the verse is acted upon. Accordingly, following this rule, Ibn Abbas (radi Allahu anhu) instructed the woman to recite the aforementioned verse in her presence.
Hafiz Ibn Hajar (rahimahullah) states:
In this hadith, there is an indication towards this very rule, and it is also established that one may admonish and advise someone by using this verse as a basis when intending to have them take an oath.
(Fath al-Bari: 8/269)
➊
The legal principle in transactions is that the claimant must present evidence, and if he cannot present evidence, then the one against whom the claim is made can clear himself of the accusation by taking an oath.
In certain specific circumstances, a decision can also be made by having the claimant take an oath, as occurs in the case of Qasamah.
➋
The rule is that, regardless of the specific context of revelation (shaan-e-nuzool) of a verse, the general meaning of the verse is acted upon. Accordingly, following this rule, Ibn Abbas (radi Allahu anhu) instructed the woman to recite the aforementioned verse in her presence.
Hafiz Ibn Hajar (rahimahullah) states:
In this hadith, there is an indication towards this very rule, and it is also established that one may admonish and advise someone by using this verse as a basis when intending to have them take an oath.
(Fath al-Bari: 8/269)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 4552
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Vocabulary of the Hadith:
بَدَّنَ:
If this word is derived from the form of باب تفعیل (the causative form) and the letter "dal" is read with shaddah (doubled), then the meaning will be "became elderly."
And if it is derived from the form of شَرُفَ and the letter "dal" is read with a dammah (short vowel "u") and without shaddah (light), then the meaning will be "became heavyset."
Vocabulary of the Hadith:
بَدَّنَ:
If this word is derived from the form of باب تفعیل (the causative form) and the letter "dal" is read with shaddah (doubled), then the meaning will be "became elderly."
And if it is derived from the form of شَرُفَ and the letter "dal" is read with a dammah (short vowel "u") and without shaddah (light), then the meaning will be "became heavyset."
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 1711
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه البخاري، التفسير، باب: ﴿إن الذين يشترون بعهد الله وأيما نهم ثمنًا قليلًا...﴾، حديث:4552، ومسلم، الأقضية، باب اليمين علي المدعي عليه، حديث:1711، وحديث البيهقي:8 /123، في سنده مسلم بن خالد الزنجي، وللحديث شواهدفهو حسن.»©Explanation:
In this hadith, an important principle of judicial decision-making is stated: the claimant (mudda‘i) must establish his claim with evidence and present two witnesses.
If he is unable to do so, then the defendant (mudda‘a alayh) will take an oath.
This is the position of the majority (jumhur) of scholars.
«أخرجه البخاري، التفسير، باب: ﴿إن الذين يشترون بعهد الله وأيما نهم ثمنًا قليلًا...﴾، حديث:4552، ومسلم، الأقضية، باب اليمين علي المدعي عليه، حديث:1711، وحديث البيهقي:8 /123، في سنده مسلم بن خالد الزنجي، وللحديث شواهدفهو حسن.»©Explanation:
In this hadith, an important principle of judicial decision-making is stated: the claimant (mudda‘i) must establish his claim with evidence and present two witnesses.
If he is unable to do so, then the defendant (mudda‘a alayh) will take an oath.
This is the position of the majority (jumhur) of scholars.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1210
