Mu'jam al-Saghir

Hadith Commentary:
(1)
It is stated in the hadith that the responsibility of presenting witnesses lies upon the claimant (mudda‘i). If he is unable to present witnesses, then the decision will be made by having the defendant (mudda‘a ‘alayh) take an oath.
From this hadith, it is understood that in every situation, it is obligatory for the defendant to take an oath, provided that the claimant does not have witnesses—regardless of whether there is familiarity or a relationship between the claimant and the defendant or not.

(2)
Imam Malik rahimahullah says:
An oath will be taken from the defendant only when there has been an exchange of dealings and other transactions between the two; otherwise, every person would keep forcing any respectable individual to take an oath, even if it requires making a false claim against him.
Imam Bukhari rahimahullah’s position is that in both civil and criminal cases, an oath will be taken from the defendant, because there is no distinction regarding this in the ahadith; they should be maintained in their generality.
Our inclination is also towards this view.
And Allah knows best.

Hadith Commentary:
Vocabulary of the Hadith:
yurattiluha:
He would recite it slowly,
deliberately and with pauses.