باب: : لا يحيل حكم القاضي على المقضي له، والمقضي عليه، ولا يجعل الحلال على واحد منهما حراما، ولا الحرام على واحد منهما حلالا
The judge's ruling does not change the reality for the one ruled for or against, nor make the lawful unlawful or the unlawful lawful for either of them
8 hadith
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Umm Salamah (may Allah be pleased with her) said that the Messenger of Allah (peace and blessings be upon him) said: "I am only a human being, and you bring your disputes to me. Perhaps some of you may present his arguments more eloquently than others, so I judge in his favour according to what I heard. Whoever I judge in favour of with something of his brother's right should not take it, for I am only cutting off for him a piece of Hell."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20531
Sayyidah Umm Salamah (may Allah be pleased with her) said that the Messenger of Allah (peace and blessings be upon him) said: "I am only a human being, and you bring your disputes to me. Some of you may be more able than others to present his arguments, and I judge according to what I heard. In such a case, whoever I judge in favour of with someone's right should not take anything of it, for I am cutting off a piece of Hell and giving it to him."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20532
Hisham bin Urwah (may Allah have mercy on him) narrates with his chain and text that the Prophet (peace and blessings be upon him) said: "Whoever I give his brother's right should not take it, for I am giving him a piece of Hell."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20533
Sayyidah Umm Salamah (may Allah be pleased with her) narrates from the Prophet (peace and blessings be upon him) that the Prophet (peace and blessings be upon him) heard a dispute near the door of his apartment. He came out, and he (peace and blessings be upon him) said: "I am only a human being. Disputes come to me, and perhaps one may present his arguments more eloquently, so I consider him truthful and judge in his favour; then let him not take the right of his Muslim brother, for it is a piece of Hell."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20534
Urwah narrates from Hadrat Aishah (may Allah be pleased with her) that Sa'd and Abd bin Zam'ah (may Allah be pleased with them both) disputed over a boy. Sa'd (may Allah be pleased with him) said: O Messenger of Allah! This is my nephew; my brother made me promise that he is his son. Look at his resemblance as well. Abd bin Zam'ah (may Allah be pleased with him) said: O Messenger of Allah! This is my brother; he was born of my father's slave-girl. The Prophet (peace and blessings be upon him) saw his clear resemblance to Utbah, and he (peace and blessings be upon him) said: "O Abd bin Zam'ah! He is your brother. 'The child belongs to the (owner of the) bed, and for the fornicator is the stone.' O Sawdah! Observe hijab from him." He never saw Sawdah (may Allah be pleased with her).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20535
Sayyidah Aishah (may Allah be pleased with her) said that the Prophet (peace and blessings be upon him) said: "Whoever adds to this religion of ours what is not part of it, it is rejected."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20536
Abu al-Awwam al-Basri narrates that Sayyiduna Umar (may Allah be pleased with him) wrote a letter to Sayyiduna Abu Musa al-Ash'ari (may Allah be pleased with him): The office of judging is an obligation, and a Sunnah that is to be followed. When a case is presented to you, understand it well, for speaking a truth that is not carried out is of no benefit. Treat people equally in your attention, your sitting and your judgement, so that no noble person hopes for injustice from you and no weak person despairs of your justice. The claimant must bring evidence, and the one who denies must take an oath. Making peace between Muslims is permissible, except a settlement that makes something lawful unlawful or something unlawful lawful. Whoever claims a right, or asks for time to bring evidence, fix a time for him; if he brings the evidence, give him his right, and if he cannot present evidence, then it is right to give judgement against him. This is also better for removing his excuse completely and clearer as regards the way. Let nothing prevent you, regarding a judgement you make today, once you have reconsidered your opinion and been rightly guided, from holding to the truth, for the truth is ancient and nothing nullifies the truth, and returning to the truth is better than inclining towards falsehood. All Muslims are fit to testify for one another, except one who has been given a hadd punishment, or one known to have given false testimony, or one suspected in a matter of wala' (clientage) or kinship. Allah Almighty has Himself taken charge of the inner secrets of His servants, and the hadd will be applied only on the basis of evidence and oaths. Then understand well the case that is presented to you, and in what is not found in the Qur'an and Sunnah, compare matters with one another, then recognise things that are alike, then aim for what is most beloved to Allah Almighty and closest to the truth. During judgement, do not feel anger, agitation, or annoyance at people's disputes. For judging according to the truth, Allah Almighty grants reward and makes it a treasure (that is, a store of good deeds). If the intention is sound, even if the judgement goes against oneself, Allah Almighty suffices for him. Whoever presents in an adorned way what is not in his heart, Allah Almighty disgraces him; Allah Almighty accepts only sincerity from His servants. So what do you think of the speedily given provision of Allah, rather than other than Allah, and the treasures of His mercy?
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20537
Hadrat Ibn Sirin (may Allah have mercy on him) narrates from Qadi Shurayh (may Allah have mercy on him) that he said to a man: I judge in your favour, but I consider you a wrongdoer; still, I strive to judge on the basis of the witnesses, but my judgement will not make the unlawful lawful for you.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20538