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سنن نسائي
Nasai
كتاب آداب القضاةThe Book of the Etiquette of Judges
بَابُ : عِظَةِ الْحَاكِمِ عَلَى الْيَمِينِChapter: The Judge Advising Disputants to Take an Oath
Hadith 5427
اُردوEn
أَخْبَرَنَا عَلِيُّ بْنُ سَعِيدِ بْنِ مَسْرُوقٍ ، قَالَ : حَدَّثَنَا يَحْيَى بْنُ أَبِي زَائِدَةَ ، عَنْ نَافِعِ بْنِ عُمَرَ ، عَنْ ابْنِ أَبِي مُلَيْكَةَ ، قَالَ : كَانَتْ جَارِيَتَانِ تَخْرُزَانِ بِالطَّائِفِ , فَخَرَجَتْ إِحْدَاهُمَا وَيَدُهَا تَدْمَى ، فَزَعَمَتْ أَنَّ صَاحِبَتَهَا أَصَابَتْهَا وَأَنْكَرَتِ الْأُخْرَى ، فَكَتَبْتُ إِلَى ابْنِ عَبَّاسٍ فِي ذَلِكَ فَكَتَبَ ، أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَضَى : " أَنَّ الْيَمِينَ عَلَى الْمُدَّعَى عَلَيْهِ , وَلَوْ أَنَّ النَّاسَ أُعْطُوا بِدَعْوَاهُمْ لَادَّعَى نَاسٌ أَمْوَالَ نَاسٍ ، وَدِمَاءَهُمْ " , فَادْعُهَا وَاتْلُ عَلَيْهَا هَذِهِ الْآيَةَ إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلا أُولَئِكَ لا خَلاقَ لَهُمْ فِي الآخِرَةِ سورة آل عمران آية 77 حَتَّى خَتَمَ الْآيَةَ , فَدَعَوْتُهَا فَتَلَوْتُ عَلَيْهَا فَاعْتَرَفَتْ بِذَلِكَ فَسَرَّهُ .
´It was narrated from Nafi' bin 'Umar, that Ibn Abi Mulaikah said:` "There were two female neighbors who used to do leatherwork (with an awl) in At-Ta'if. One of them came out with her hand bleeding and claimed that her companion had injured her, but the other one denied it. I wrote to Ibn 'Abbas concerning that. He wrote, (saying) that the Messenger of Allah [SAW] ruled that the person against whom the claim was made should swear an oath. For if people were to be given what they claimed was theirs, then people would make claims against the wealth and blood of others." So he called her and recited this Verse to her: "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..." until the end of the Verse. He called her and recited that to her, and she confessed to that. News of that reached him and he was happy.
Related hadith on this topic
Brief Explanation
1؎: That is: If there arises a need for an oath in any matter, then first the judge, before administering the oath, should admonish the one from whom the oath is to be taken.
Explanation & Benefits
Hafiz Muhammad Ameen
This is an absolute matter that proof of his claim will be demanded from the claimant. If proof—meaning any document or witness—is found, then the item will be given to the claimant. If the claimant is unable to present evidence, then the defendant will be questioned. If the defendant denies the claim of the claimant, then an oath will be taken from him. If he swears an oath, then the claimant will not receive anything. If he does not swear an oath, then the claimant will be made to swear an oath and the item will be given to him; this is called "yamin nukul" (refusal of oath). And Allah knows best.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 5427
Maulana Dawood Raz
Hadith Commentary:
This difference, whether it pertains to the original pledged item (rahn) or to the quantity of the pledged thing—for example, if the mortgagee (murtahin) says, "You pledged the land along with the trees," and the mortgagor (rahin) says, "I pledged only the land"—then the mortgagee (murtahin) is making a greater claim, so he must bring witnesses.
If he does not bring witnesses, then the statement of the mortgagor (rahin) will be accepted with an oath.
The Shafi'is (Shafi'iyyah) say that in the case of a pledge (rahn), when there are no witnesses, in every situation the statement of the mortgagor (rahin) will be accepted with an oath.
(Wahidi)
This difference, whether it pertains to the original pledged item (rahn) or to the quantity of the pledged thing—for example, if the mortgagee (murtahin) says, "You pledged the land along with the trees," and the mortgagor (rahin) says, "I pledged only the land"—then the mortgagee (murtahin) is making a greater claim, so he must bring witnesses.
If he does not bring witnesses, then the statement of the mortgagor (rahin) will be accepted with an oath.
The Shafi'is (Shafi'iyyah) say that in the case of a pledge (rahn), when there are no witnesses, in every situation the statement of the mortgagor (rahin) will be accepted with an oath.
(Wahidi)
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2514
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
The "rahin" is the one who gives something in pledge, and the "murtahin" is the one with whom it is pledged.
This is a general principle: the claimant (mudda‘i) must present evidence or bring witnesses to prove his claim. If the claimant does not have evidence or witnesses, then the defendant (mudda‘a alayh) will take an oath that a false claim has been made against him.
The purpose of the chapter heading is to show that the same principle which applies between claimant and defendant will also apply in the case of the pledger (rahin) and the pledgee (murtahin).
A possible scenario of their disagreement is that both differ regarding the amount of the loan, while the pledged item is still present. The pledger (rahin) says, "I pledged it for one hundred," and the pledgee (murtahin) says, "I am owed two hundred by him, and this item is pledged for two hundred." To resolve such a dispute, the aforementioned method will be used.
The "rahin" is the one who gives something in pledge, and the "murtahin" is the one with whom it is pledged.
This is a general principle: the claimant (mudda‘i) must present evidence or bring witnesses to prove his claim. If the claimant does not have evidence or witnesses, then the defendant (mudda‘a alayh) will take an oath that a false claim has been made against him.
The purpose of the chapter heading is to show that the same principle which applies between claimant and defendant will also apply in the case of the pledger (rahin) and the pledgee (murtahin).
A possible scenario of their disagreement is that both differ regarding the amount of the loan, while the pledged item is still present. The pledger (rahin) says, "I pledged it for one hundred," and the pledgee (murtahin) says, "I am owed two hundred by him, and this item is pledged for two hundred." To resolve such a dispute, the aforementioned method will be used.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2514
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Vocabulary of the Hadith:
بَدَّنَ:
If this word is derived from the form of باب تفعیل (the causative form) and the letter "dal" is read with shaddah (doubled), then the meaning will be "became elderly."
And if it is derived from the form of شَرُفَ and the letter "dal" is read with a dammah (short vowel "u") and without shaddah (light), then the meaning will be "became heavyset."
Vocabulary of the Hadith:
بَدَّنَ:
If this word is derived from the form of باب تفعیل (the causative form) and the letter "dal" is read with shaddah (doubled), then the meaning will be "became elderly."
And if it is derived from the form of شَرُفَ and the letter "dal" is read with a dammah (short vowel "u") and without shaddah (light), then the meaning will be "became heavyset."
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 1711
