Musannaf Ibn Abi Shaybah

Imam Zuhri states that the Messenger of Allah, peace and blessings be upon him, decreed full blood money (diyah) for injury to the spinal column.

Hazrat Abdullah bin Ubaid bin Umair narrates that a brother from Banu Zuraiq wrote a letter to me and asked: What was the decision of the Messenger of Allah (peace and blessings be upon him) regarding the child of the woman who performed li'an? So I wrote back to him in response that the Messenger of Allah (peace and blessings be upon him) decided in favor of the mother regarding that child, that she is for that child both in the position of a father and in the position of a mother.

Hazrat Ali (may Allah be pleased with him) narrates that when the Quraysh of Makkah intended to lift the Black Stone and place it in its position, a dispute arose among them. So they said that the person who comes out first from this alley will decide among us. Hazrat Ali (may Allah be pleased with him) says that the Messenger of Allah (peace and blessings be upon him) was the first person who came to them. Then the Prophet (peace and blessings be upon him) decided among them in such a way that all the people should place the Black Stone on a cloth together, and then all the tribes should lift that cloth collectively.

Hazrat Umar bin Khalda al-Ansari narrates that we went to Hazrat Abu Hurairah regarding a friend of ours who had fallen into debt, meaning he had become destitute and bankrupt. So Abu Hurairah said that the Messenger of Allah, peace and blessings be upon him, gave this ruling about such a person who has died or become bankrupt: if the owner finds his property exactly as it was with that person, then he has more right to his property. However, if the owner completely relinquishes his right, then that is acceptable.

Hazrat Sha'bi narrates that the Messenger of Allah (peace and blessings be upon him) made neighborhood the criterion of right (in pre-emption).

Hazrat Saeed bin Al-Musayyib narrates that Nazrah bin Aktham married a pregnant woman. So the Messenger of Allah (peace and blessings be upon him) separated them and decreed the dowry in favor of the woman.

Hasan narrates that Hazrat Umar once said: "Who among you knows the decision of the Messenger of Allah (peace and blessings be upon him) regarding the grandfather?" So, Ma'qil bin Yasar Al-Muzani said: "The Prophet (peace and blessings be upon him) gave a decision about one of our men." Hazrat Umar asked: "About what?" He replied: "About the sixth share." Hazrat Umar said: "Who will testify to this with you?" Ma'qil said: "I do not know anyone." He (Umar) said: "You do not know! Then what is the benefit?"

Hazrat Tawus says that two co-wives fought with each other, and one struck the other causing her to miscarry, so the Messenger of Allah, peace and blessings be upon him, ruled in this matter for a slave, or a female slave, or a horse.

Hazrat Abu Al-Hasan, who was a freed slave of Banu Naufal, narrates that both my wife and I were slaves. I gave my wife two divorces. After giving the divorces, both of us were set free. Then I intended to reconcile with my wife, and regarding this reconciliation, I went to Hazrat Ibn Abbas (may Allah be pleased with them) to seek a fatwa. He said: If you reconcile with her, you will have the right to one divorce, and the right to two divorces has ended, because the Messenger of Allah (peace and blessings be upon him) made a decision in this manner.

Hazrat Kulayb says that I came to Hazrat Umar during the time of Hajj, so I called out to him from behind the tent, "Beware! I am so-and-so, son of so-and-so, a resident of the tribe of Jarmi, and indeed our nephew is in the captivity of such-and-such tribe, and we have presented before them the decision of the Messenger of Allah, peace and blessings be upon him, but they have refused to accept it." Kulayb says: Hazrat Umar lifted one side of the tent and then said: "Do you recognize your companion?" So Kulayb said: "Yes! He is right in front." Then Umar said: "Both of you go to him until the decision of the Messenger of Allah, peace and blessings be upon him, is enforced for you." Kulayb says: We were saying that the decision was of four camels.

Hazrat Sha’bi says that a woman struck another woman with such force that she killed her, and the deceased woman gave birth to a stillborn child. Sha’bi says: The Prophet Muhammad (peace and blessings be upon him) placed the burden of blood money on the family of the woman who committed the killing, and did not place any part of the blood money on the son or husband of the killer woman. The decision of the blood money was made in favor of the husband and son of the murdered woman, and none of the murdered woman’s paternal relatives were given any share from this blood money.

Imam Abu Ja'far Muhammad bin Ali (may Allah be pleased with him), Sa'id bin al-Musayyib, and Hazrat Mujahid—all these personalities state that the two wives of Haml bin Malik bin al-Nabighah became jealous of each other. So one of them picked up a tent pole and struck the other with such force that the second woman gave birth to a stillborn child and herself also died. This matter was presented before the Messenger of Allah (peace and blessings be upon him), so the Messenger of Allah (peace and blessings be upon him) decided that the blood money would be borne by the family of the woman who committed the killing. And for the blood money of the stillborn child, he decided upon a slave or a slave-girl. Then the father or uncle of the woman who committed the killing said: "Shall we pay blood money for one who neither ate nor drank, neither cried nor made a sound, and whose blood is thus wasted?" The Messenger of Allah (peace and blessings be upon him) replied: "This person is a poet and speaks like a poet. Yes! The blood money for the stillborn child will be a slave or a slave-girl."

Hazrat Abu Ja'far says that indeed the Messenger of Allah, peace and blessings be upon him, gave a verdict by taking an oath from the claimant along with one witness. Then Abu Ja'far said: Hazrat Ali, may Allah be pleased with him, also gave a verdict among you in the same manner.

Hazrat Ismail bin Umayyah narrates that the Messenger of Allah, peace and blessings be upon him, gave the following verdict regarding a person who killed someone and another person who restrained the victim: the killer will be killed in retribution, and the one who restrained will be imprisoned.

Hazrat Abdur Rahman bin Hurmuz Al-A'raj narrates that the Messenger of Allah (peace and blessings be upon him) decreed that it is not permissible to accept the testimony of one who is accused (of falsehood), nor the testimony of an enemy, nor the testimony of a madman.

Hazrat Hanish bin Al-Mu'tamir narrates that in Yemen, a pit was dug to capture a lion, and the lion fell into it. Then people began to push each other at the mouth of the well. So, as one man was about to fall into the well, he grabbed another man, then the second grabbed a third, and in this way, four men fell into the well and all perished. The people did not know what to do. Then Hazrat Ali (may Allah be pleased with him) arrived and said, "If you wish, I will make a decision among you that will serve as a barrier between you until you go to the Noble Prophet (peace and blessings be upon him)." He said, "I place the blood money (diyah) upon those who were around the mouth of the well. Thus, the first person who fell into the well will receive a quarter share of the blood money, the second will receive a third share, the third will receive a half share, and the fourth person will receive the full blood money." Hazrat Hanish bin Al-Mu'tamir says that everyone was satisfied with this decision, and when the decision of Hazrat Ali (may Allah be pleased with him) was mentioned to the Noble Prophet (peace and blessings be upon him), he enforced this decision.

Hazrat Ali (may Allah be pleased with him) narrates that the Messenger of Allah (peace and blessings be upon him) said: Whenever two people come to you with a dispute, never give a verdict in favor of the first one until you have heard the statement of the second. Then surely you will soon see how you should decide! Then Hazrat Ali (may Allah be pleased with him) said: After that, I always judged in this manner.

Hazrat Ali (may Allah be pleased with him) narrates that the Noble Prophet (peace and blessings be upon him) sent me to the people of Yemen as a judge so that I may decide among them. I said: O Messenger of Allah (peace and blessings be upon him)! I do not have any knowledge regarding making decisions. So the Noble Prophet (peace and blessings be upon him) placed his blessed hand on my chest and said: O Allah, grant guidance to his heart and make his tongue straight. Hazrat Ali (may Allah be pleased with him) says that since I have sat in that place, I have never had any doubt in making a decision between two people.

Hazrat Mughirah bin Shu’bah narrates that I was present with the Messenger of Allah, peace and blessings be upon him. He, peace and blessings be upon him, gave a verdict of a slave or a slave-girl in the dispute regarding a miscarried pregnancy. Hazrat Umar said: Bring a person who will testify in your favor.

Hazrat Mu'adh narrates that when the Holy Prophet (peace and blessings be upon him) sent him as a judge, he asked, "How will you decide?" Hazrat Mu'adh replied, "By the Book of Allah." The Holy Prophet (peace and blessings be upon him) said, "If you do not find it in the Book of Allah?" Hazrat Mu'adh said, "I will decide according to the Sunnah of the Messenger of Allah (peace and blessings be upon him)." The Messenger of Allah (peace and blessings be upon him) said, "If you do not find it in the Sunnah of the Messenger of Allah (peace and blessings be upon him)?" Hazrat Mu'adh said, "I will exercise my own judgment (ijtihad)." Hazrat Mu'adh says that then the Holy Prophet (peace and blessings be upon him) said, "All praise is due to Allah who has granted the messenger of the Messenger of Allah (peace and blessings be upon him) the ability to act in accordance with the truth."

Hazrat bint Hamzah, who is the maternal sister of Ibn Shaddad, narrates that one of my freed slaves passed away and left behind a daughter. So, the Messenger of Allah (peace and blessings be upon him) divided his wealth between me and his daughter, giving half to me and half to his daughter.

Hazrat Ibn Abbas (may Allah be pleased with both of them) narrates that the Messenger of Allah (peace and blessings be upon him) decreed one-fifth (khums) in the buried treasure.

Ibrahim narrates that the Messenger of Allah (peace and blessings be upon him) placed the burden of blood money on the 'asaba (male relatives), and considered the blood money as part of the inheritance of the slain.

Hazrat Ibn Abi Mulaika narrates that the Messenger of Allah (peace and blessings be upon him) gave the ruling of pre-emption (shuf‘a) in everything—whether it is land, a house, a slave-girl, or an animal. Ata said: Pre-emption is only in land and house. Hazrat Ibn Abi Mulaika said to him: May your mother die! You do not listen—I am saying that the Messenger of Allah (peace and blessings be upon him) said this, and you are saying something else?!

Hazrat Sulaiman bin Yasar says that the case of Qasamah is true, because the Noble Prophet (peace and blessings be upon him) gave a verdict about it. We were with the Ansar in the presence of the Messenger of Allah (peace and blessings be upon him) when one of the Ansar went out, and suddenly they saw their companion lying in blood, writhing! So they returned to the Messenger of Allah (peace and blessings be upon him) and said, "The Jews have killed our man," and they mentioned the name of one of the Jews, but they had no witnesses. So the Messenger of Allah (peace and blessings be upon him) said to them, "If two witnesses other than yourselves testify, I will hand him over to you." But they had no witnesses. Then the Messenger of Allah (peace and blessings be upon him) said, "Take fifty oaths, and I will hand him over to you." The Ansar said, "We dislike taking an oath on something we have not seen." The Noble Prophet (peace and blessings be upon him) wanted to take fifty oaths from the Jews, but the Ansar said, "O Messenger of Allah (peace and blessings be upon him)! Indeed, the Jews do not care about oaths. How can we accept their oaths? Then they will kill our other people as well." So the Messenger of Allah (peace and blessings be upon him) paid the blood money for the murdered man from his own side.

Hazrat Sha'bi narrates that the Messenger of Allah (peace and blessings be upon him) would make a decision, then the Qur'an would be revealed contrary to that decision which he had made, so the Prophet (peace and blessings be upon him) would not uphold that decision and would make a new decision from the beginning.

Hazrat Al-Najraani narrates that I asked Abdullah bin Umar (may Allah be pleased with them): Can a forward sale (Bai' Salam) be made in date palm trees before the emergence of buds? Ibn Umar (may Allah be pleased with them) replied: It cannot be done. I asked: Why can it not be done? Hazrat Abdullah bin Umar (may Allah be pleased with them) said: In the time of the Messenger of Allah (peace and blessings be upon him), a man made a forward sale in date palm trees before the emergence of buds, but that year no buds appeared. The buyer said: These will remain in my ownership until the buds appear, and the seller said: I sold the trees only for this year. So both men brought their dispute to the Messenger of Allah (peace and blessings be upon him). The Messenger of Allah (peace and blessings be upon him) asked the seller: Has the buyer cut anything from your tree? The seller replied: Nothing at all. The Messenger of Allah (peace and blessings be upon him) said: Then how can his wealth be lawful for you? Return to him whatever you have taken from him. And henceforth, no one should make a forward sale in date palm trees until the fruit's suitability becomes apparent.

Hasan narrates that the Messenger of Allah (peace and blessings be upon him) gave a verdict regarding a man who bit another man's hand with his teeth, so the latter pulled his hand out of his mouth and the former's lower front teeth broke. That man went to the Messenger of Allah (peace and blessings be upon him), so the Messenger of Allah (peace and blessings be upon him) said: "Surely, he did not leave you so that you could eat his hand!" The Prophet (peace and blessings be upon him) did not decree any compensation in his favor.

Hazrat Mughirah bin Shu’bah narrates that the Messenger of Allah, peace and blessings be upon him, gave the following verdict regarding a woman who had been killed: her son will be her heir, and the burden of blood money will be upon her agnatic relatives.

Hazrat Saeed bin Al-Musayyib narrates that the Messenger of Allah, peace and blessings be upon him, decreed that a murderer who has killed his own guardian, whether intentionally or unintentionally, will not inherit any share from the blood money.

Imam Zuhri states that the Noble Prophet (peace and blessings be upon him) gave the following ruling regarding oaths: the oath is upon the defendant.

Hazrat Saeed bin Al-Musayyib narrates that the Messenger of Allah, peace and blessings be upon him, regarding a person who changed his testimony, gave the ruling that the first testimony will be accepted.

Ibrahim says that if a man first acknowledges his child and then denies his lineage, then due to the command of the Book of Allah, he will perform li'an, and due to the decision of the Messenger of Allah (peace and blessings be upon him), the child will be deemed obligatory for him.

Ibn Abbas (may Allah be pleased with them both) narrates that Barirah’s husband was a black Abyssinian slave whose name was Mughith. The Prophet Muhammad (peace and blessings be upon him) made four decisions regarding Barirah! The people who freed Barirah stipulated the condition of the right of wala (allegiance). So the Prophet (peace and blessings be upon him) decided that the right of wala would go to the one who pays the price. And he (peace and blessings be upon him) gave her the choice regarding her husband and ordered her to observe the waiting period (‘iddah). And Barirah received some charity, from which she gave a portion as a gift to Aisha (may Allah be pleased with her). So Aisha (may Allah be pleased with her) mentioned this to the Prophet (peace and blessings be upon him). He (peace and blessings be upon him) said: “It is charity for her and a gift for us.”

Hazrat Abu Huraira narrates that the Messenger of Allah, peace and blessings be upon him, gave the verdict of a slave man or woman in the case of a woman from Banu Lihyan who had given birth to a stillborn child. Then the woman against whom the decision of "ghurra" was given died. So the Messenger of Allah, peace and blessings be upon him, decided that her inheritance would go to her husband and her son, and the payment of the blood money would be the responsibility of the woman's paternal relatives.

Hazrat Jabir narrates that the Messenger of Allah, peace and blessings be upon him, gave a verdict regarding an Ansari woman to whom her son had gifted a date orchard. When the woman passed away, her son said, "I had given this orchard to my mother only for her lifetime." The woman also had a brother from the Ansar. The Messenger of Allah, peace and blessings be upon him, said, "This gift will be counted for both her life and after her death." The Ansari said, "Indeed, I had given this orchard to her as charity." The Noble Prophet, peace and blessings be upon him, said, "Now, this is very far from being for you."

Hazrat Ibn Abi Mulaika and Amr bin Dinar say that we have always heard that the Messenger of Allah, peace and blessings be upon him, gave the verdict of one dinar or ten dirhams regarding a runaway slave who was caught outside the Haram.

Imam Muhammad bin Sirin narrates that when the Messenger of Allah (peace and blessings be upon him) decided the case of the child in favor of Ibn Zam‘ah, he said: O Sawdah, observe veil from this child, and he further said: If I had not given this decision, then anyone whose heart desired could have claimed someone else’s child.

Hazrat Abu Burdah’s father narrates: Two men made a claim regarding a camel, so each of them brought two witnesses. Then the Noble Prophet (peace and blessings be upon him) decided the matter of the camel between the two of them.

Hazrat Surraq narrates that the Messenger of Allah (peace and blessings be upon him) gave a verdict by taking an oath from the claimant along with one witness.