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 2322
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ بْنِ نُمَيْرٍ ، وَعَلِيُّ بْنُ مُحَمَّدٍ ، قَالَا : حَدَّثَنَا وَكِيعٌ ، وَأَبُو مُعَاوِيَةَ ، قَالَا : حَدَّثَنَا الْأَعْمَشُ ، عَنْ شَقِيقٍ ، عَنِ الْأَشْعَثِ بْنِ قَيْسٍ ، قَالَ : كَانَ بَيْنِي وَبَيْنَ رَجُلٍ مِنَ الْيَهُودِ أَرْضٌ فَجَحَدَنِي فَقَدَّمْتُهُ إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ لِي رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " هَلْ لَكَ بَيِّنَةٌ ؟ قُلْتُ : لَا ، قَالَ لِلْيَهُودِيِّ : " احْلِفْ " ، قُلْتُ : إِذًا يَحْلِفَ فِيهِ فَيَذْهَبَ بِمَالِي ، فَأَنْزَلَ اللَّهُ سُبْحَانَهُ إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلا سورة آل عمران آية 77 إِلَى آخِرِ الْآيَةِ " .
´It was narrated that Ash'ath bin Qais Said:` “There was a dispute between myself and a Jewish man concerning some land, and he denied me my rights so I brought him to the Prophet (ﷺ). The Messenger of Allah (ﷺ) said to me: 'Do you have proof' I said: 'No.’ He said to the Jews, 'Swear an oath.' I said: 'If he swears an oath he will take my property.' Then Allah, Glorious is He, revealed: 'Verily, those who purchase a small gain at the cost of Allah's covenant and their oaths, they shall have no portion in the Hereafter (Paradise). Neither will Allah neither speak to them nor look at them on the Day of Resurrection nor will He purifies them, and they shall have a painful torment.'”
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊ Swearing a false oath is a major sin.
➋ Making a false claim in order to unlawfully obtain someone’s property is a very grave crime.
➌ The judge is obligated to make a decision based on witnesses and evidence according to his understanding. If he has sincerely tried to make a correct judgment in light of the Qur’an and Hadith, then he is not sinful, even if the decision turns out to be incorrect in reality. However, if the claimant knows that his claim is false, it is not permissible for him to take someone’s property, even if the judgment is in his favor.
➍ Allah, the Exalted, will not speak to him. This means He will not speak with mercy and pleasure, but rather with anger, as a form of rebuke and reprimand, or for the purpose of reckoning.
➎ Speech (kalam) is an attribute of Allah. He speaks when He wills, to whom He wills, and how He wills. However, none of His attributes resemble the attributes of the creation.
➏ Those whose good deeds are many and whose sins are few and minor, Allah will forgive their sins and purify them. However, habitual criminals and those who commit certain major sins will be deprived of this forgiveness.
➊ Swearing a false oath is a major sin.
➋ Making a false claim in order to unlawfully obtain someone’s property is a very grave crime.
➌ The judge is obligated to make a decision based on witnesses and evidence according to his understanding. If he has sincerely tried to make a correct judgment in light of the Qur’an and Hadith, then he is not sinful, even if the decision turns out to be incorrect in reality. However, if the claimant knows that his claim is false, it is not permissible for him to take someone’s property, even if the judgment is in his favor.
➍ Allah, the Exalted, will not speak to him. This means He will not speak with mercy and pleasure, but rather with anger, as a form of rebuke and reprimand, or for the purpose of reckoning.
➎ Speech (kalam) is an attribute of Allah. He speaks when He wills, to whom He wills, and how He wills. However, none of His attributes resemble the attributes of the creation.
➏ Those whose good deeds are many and whose sins are few and minor, Allah will forgive their sins and purify them. However, habitual criminals and those who commit certain major sins will be deprived of this forgiveness.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2322
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: If a matter with a disbeliever comes to the point of taking an oath, then he should be made to swear only by the pure and majestic Name of Allah.
If he swears a false oath, then one should remain patient while being certain
that he will not be able to escape the consequences of that false oath.
Benefit: If a matter with a disbeliever comes to the point of taking an oath, then he should be made to swear only by the pure and majestic Name of Allah.
If he swears a false oath, then one should remain patient while being certain
that he will not be able to escape the consequences of that false oath.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3621
