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مسند اسحاق بن راهويه
Musnad Ishaq
كتاب الاقضيةBook of Judgments
Importance of testimony in resolving disputes
Hadith 899
اُردوEn
اَخْبَرَنَا رَوْحُ بْنُ عَبَادَةَ، نَا ابْنُ جُرَیْجٍ، اَخْبَرَنِیْ ابْنُ اَبِیْ مُلَیْکَةَ، اَنَّ اِمْرَاٰتَیْنِ کَانَتَا تَخْرِزَانِ فِي الْبَیْتِ، وَلَیْسَ فِی الْبَیْتِ مَعَهُمَا غَیْرُهُمَا، وَفِی الْحُجْرِةِ (حداث)، فَطَعَنَتْ اِحْدَاهُمَا الْاُخْرٰی فِی کَفِّهَا بَاشِفًا، حَتّٰی خَرَجَتْ مِنْ ظَهْرِ کَفِّهَا، تَقُوْلُ: طَعَنَتْهَا الْاُخْرٰی، فَکَتَبَتْ اِلَی ابْنِ عَبَّاسٍ فِیْهَا وَاَخْبَرَتْهٗ فَقَالَ: لَا تَوَطَّأْ اِلَّا بِبَیِّنَةٍ، فَاِنَّ رَسُوْلَ اللّٰهِ صَلَّی اللّٰهُ عَلَیْهِ وَسَلَّمَ قَالَ: لَوْ اُعْطِیَ النَّاسُ بِدَعْوَاهُمْ لَادَّعٰی رِجَالٌ دِمَاءَ قَوْمٍ وَاَمْوَالِهِمْ، وَلٰکِنَّ الْیَمِیْنَ عَلَی الْمُدّٰعَی عَلَیْہِ، فَادْعُهُمَا فَاقْرَأْ عَلَیْهِمَا الْقُرْاٰنَ وَاقْرَأْ: ﴿اِنَّ الَّذِیْنَ یَشْتَرُوْنَ بِعَهْدِ اللّٰهِ واَیْمَانِهِمْ ثَمَنًا قَلِیْـلًا﴾ (آل عمران:۷۷)، قَالَ: فَفَعَلَتْ، فَاعْتَرَفَتْ.
It is narrated from Ibn Abi Mulaika that two women were working on sewing shoes/socks in a house, and there was no one else with them except the two of them. One of them struck the other’s hand with an awl, and it pierced through her hand. She said: The other struck her with the awl. A letter was written to Ibn Abbas (may Allah be pleased with them) regarding this, and when he was informed, he said: No decision will be made without evidence and proof, because the Messenger of Allah (peace and blessings be upon him) said: “If people were given things merely on the basis of their claims, people would claim the lives and wealth of others, but the oath is upon the defendant.” Call both of them and recite to them the Qur’an: “Those who exchange Allah’s covenant and their oaths for a small price...” So when this was said, she confessed.
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
From the aforementioned hadith, it is understood that the resolution of disputes is based on testimony, and it is the responsibility of the claimant (mudda‘i) to present witnesses—either two men, or one man and two women as witnesses, as is stated in the Divine command: ﴿وَاسْتَشْهِدُوْا شَهِیْدَیْنِ مِنْ رِّجَالِکُمْ فَاِنْ لَّمْ یَکُوْنَا رَجُلَیْنِ فَرَجُلٌ وَّ امْرَاَتٰنِ مِمَّنْ تَرْضَوْنَ مِنَ الشُّهَدَآءِ﴾ (, al-Baqarah: 282) .... “And bring to witness two witnesses from among your men; but if there are not two men, then a man and two women from those whom you accept as witnesses.”
If the claimant has only one witness, then a verdict will be given based on one witness and the claimant’s oath. As narrated from Sayyiduna Abdullah ibn Abbas radi Allahu anhuma, the Messenger of Allah sallallahu alayhi wa sallam gave a verdict with one witness and the (claimant’s) oath. (Muslim, Kitab al-Aqdiyah, no. 1712)
If the claimant has no witness, then the defendant (mudda‘a alayh) will be made to take an oath, and by swearing the oath, he will testify to the truth of his position. It is also understood that, at the time of administering the oath, the judge should admonish and advise regarding the seriousness of the oath.
From the aforementioned hadith, it is understood that the resolution of disputes is based on testimony, and it is the responsibility of the claimant (mudda‘i) to present witnesses—either two men, or one man and two women as witnesses, as is stated in the Divine command: ﴿وَاسْتَشْهِدُوْا شَهِیْدَیْنِ مِنْ رِّجَالِکُمْ فَاِنْ لَّمْ یَکُوْنَا رَجُلَیْنِ فَرَجُلٌ وَّ امْرَاَتٰنِ مِمَّنْ تَرْضَوْنَ مِنَ الشُّهَدَآءِ﴾ (, al-Baqarah: 282) .... “And bring to witness two witnesses from among your men; but if there are not two men, then a man and two women from those whom you accept as witnesses.”
If the claimant has only one witness, then a verdict will be given based on one witness and the claimant’s oath. As narrated from Sayyiduna Abdullah ibn Abbas radi Allahu anhuma, the Messenger of Allah sallallahu alayhi wa sallam gave a verdict with one witness and the (claimant’s) oath. (Muslim, Kitab al-Aqdiyah, no. 1712)
If the claimant has no witness, then the defendant (mudda‘a alayh) will be made to take an oath, and by swearing the oath, he will testify to the truth of his position. It is also understood that, at the time of administering the oath, the judge should admonish and advise regarding the seriousness of the oath.
Source: Musnad Ishaq bin Rahwayh, Page: 899
