سنن ابن ماجه
Ibn Majah
كتاب الأحكامThe Chapters on Rulings
بَابُ : الرَّجُلِ يَضَعُ خَشَبَةً عَلَى جِدَارِ جَارِهِChapter: A Man Fixing Wood To The Wall Of His Neighbor
Hadith 2336
اُردوEn
حَدَّثَنَا أَبُو بِشْرٍ بَكْرُ بْنُ خَلَفٍ ، حَدَّثَنَا أَبُو عَاصِمٍ ، عَنِ ابْنِ جُرَيْجٍ ، عَنْ عَمْرِو بْنِ دِينَارٍ ، أَنَّ هِشَامَ بْنَ يَحْيَى أَخْبَرَهُ ، أَنَّ عِكْرِمَةَ بْنَ سَلَمَةَ أَخْبَرَهُ ، أَنَّ أَخَوَيْنِ مِنْ بَلْمُغِيرَةِ أَعْتَقَ أَحَدَهُمَا أَنْ لَا يَغْرِزَ خَشَبًا فِي جِدَارِهِ ، فَأَقْبَلَ مُجَمِّعُ بْنُ يَزِيدَ وَرِجَالٌ كَثِيرٌ مِنَ الْأَنْصَارِ ، فَقَالُوا : نَشْهَدُ أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " لَا يَمْنَعْ أَحَدُكُمْ جَارَهُ أَنْ يَغْرِزَ خَشَبَةً فِي جِدَارِهِ " . فَقَالَ : يَا أَخِي إِنَّكَ مَقْضِيٌّ لَكَ عَلَيَّ وَقَدْ حَلَفْتُ فَاجْعَلْ أُسْطُوَانًا دُونَ حَائِطِي أَوْ جِدَارِي فَاجْعَلْ عَلَيْهِ خَشَبَكَ .
´'Ikrimah bin Salamh narrated that :` there were two brothers from among the sons of Mughirah. One of them swore an oath to set a slave free if the other one fixed a piece of wood to his wall. Mujammi' bin Yazid and many men from among the Ansar came and said: “We bear witness that the Messenger of Allah (ﷺ) said: 'None of you should refuse to let his neighbor fix a piece of wood to his wall.' ” He said: 'O my brother, judgment has been passed in your favor against me, but I have sworn an oath.' So go ahead and fix your wood to my wall.”
Explanation & Benefits
Maulana Ataullah Sajid
Commentary:
Benefits and Issues:
➊
Our esteemed researcher has declared the mentioned narration weak in its chain but sound in its meaning, as he has indicated in his research and referencing by stating “the origin of the hadith is authentic.” Furthermore, other scholars have also declared it authentic. Therefore, despite the mentioned narration being weak in its chain, it is acceptable for practice and as evidence.
For details, see: (al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 25/287, 286, and Sahih Sunan Ibn Majah by al-Albani, no. 1905)
Accordingly, it is permissible to take a conditional oath regarding one’s own property, for example:
If I do such-and-such, then my slave is free.
➋
It is not permissible to prevent a neighbor from placing a beam or similar object on a shared wall in order to construct a roof.
➌
Elders should strive to resolve mutual disputes arising between two individuals with justice and fairness.
➍
The noble Companions (radi Allahu anhum) and the Tabi‘in, upon hearing a hadith, would end their disputes and act upon the hadith, even if the ruling of the hadith was against them.
➎
One should strive not to compel the one who has taken an oath to break his oath; rather, he should be able to fulfill his oath.
Benefits and Issues:
➊
Our esteemed researcher has declared the mentioned narration weak in its chain but sound in its meaning, as he has indicated in his research and referencing by stating “the origin of the hadith is authentic.” Furthermore, other scholars have also declared it authentic. Therefore, despite the mentioned narration being weak in its chain, it is acceptable for practice and as evidence.
For details, see: (al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 25/287, 286, and Sahih Sunan Ibn Majah by al-Albani, no. 1905)
Accordingly, it is permissible to take a conditional oath regarding one’s own property, for example:
If I do such-and-such, then my slave is free.
➋
It is not permissible to prevent a neighbor from placing a beam or similar object on a shared wall in order to construct a roof.
➌
Elders should strive to resolve mutual disputes arising between two individuals with justice and fairness.
➍
The noble Companions (radi Allahu anhum) and the Tabi‘in, upon hearing a hadith, would end their disputes and act upon the hadith, even if the ruling of the hadith was against them.
➎
One should strive not to compel the one who has taken an oath to break his oath; rather, he should be able to fulfill his oath.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2336
