Abdullah bin Amir (may Allah be pleased with him) said: I was present with Abu Bakr, Uthman and Umar (may Allah be pleased with them). All of them used to judge by an oath and a witness.
The narration of this from Abu Bakr, Umar and Uthman (may Allah be pleased with them) is weak, while from Ali bin Abi Talib and Ubayy bin Ka'b (may Allah be pleased with them both) it is well known. And in what Sulayman bin Bilal narrated from Rabi'ah bin Abi Abd al-Rahman, Umar bin al-Khattab (may Allah be pleased with him) wrote this to Shurayh; even though that is munqati' (broken), it reinforces the narration of Ibn Abi Sabrah.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20674
Ja'far bin Muhammad (may Allah have mercy on him) said: I heard al-Hakam bin Utaybah asking my father, who had placed his hand on the wall of the grave in order to stand up: Did the Prophet (peace and blessings be upon him) judge by an oath and a witness? He said: Yes, and Ali (may Allah be pleased with him) also judged by it among you.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20675
Ja'far bin Muhammad narrates from his father that the Messenger of Allah (peace and blessings be upon him) judged by an oath and a witness in matters of property, and in Kufah Ali (may Allah be pleased with him) also gave the same judgement, and during the caliphate of Umar (may Allah be pleased with him), Ubayy bin Ka'b (may Allah be pleased with him) also gave the same judgement.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20676
Abu al-Zinad (may Allah have mercy on him) said that Umar bin Abd al-Aziz (may Allah have mercy on him) wrote to Abd al-Hamid bin Abd al-Rahman bin Zayd bin al-Khattab (may Allah have mercy on him), who was the governor of Kufah, that he should judge by an oath and a witness.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20678
Abu al-Zinad (may Allah have mercy on him) said that Umar bin Abd al-Aziz (may Allah have mercy on him) wrote to Abd al-Hamid bin Abd al-Rahman (may Allah have mercy on him), who was the governor of Kufah: Judge by an oath and a witness, for this is the Sunnah. Abu al-Zinad (may Allah have mercy on him) said: A man from among their elders stood up and said: Qadi Shurayh (may Allah have mercy on him) gave judgement in this way in this very mosque.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20679
Ruzayq bin Hakim (may Allah have mercy on him) said: I wrote to Umar bin Abd al-Aziz (may Allah have mercy on him) that (judging by) an oath along with a witness is found only in Madinah. He wrote to me: Judge in this way, for it is the Sunnah.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20680
Abd al-Aziz bin Abi Salamah (may Allah have mercy on him) said that Ruzayq bin Hakim (may Allah have mercy on him) was the governor of Aylah for Umar bin Abd al-Aziz (may Allah have mercy on him). He wrote (to him) that a witness and an oath are found only in the Hijaz. Umar bin Abd al-Aziz (may Allah have mercy on him) wrote: Judge in this way, for it is the Sunnah.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20681
Hafs bin Maymun (may Allah have mercy on him) said: I took a dispute to al-Sha'bi (may Allah have mercy on him) concerning a wound that exposes the bone (mudihah). The assessor testified that it was a wound exposing the bone, so the one who had inflicted the wound said to al-Sha'bi (may Allah have mercy on him): Will you accept the testimony of a single man (against me)? Al-Sha'bi (may Allah have mercy on him) said: The assessor has testified that this wound exposes the bone, and the wounded man will swear to the same. The narrator said: So al-Sha'bi (may Allah have mercy on him) gave judgement in it.
Hushaym narrates from Mughirah (may Allah have mercy on him) that al-Sha'bi (may Allah have mercy on him) said: The people of Madinah judge by an oath and a witness.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20682
Imam Malik (may Allah have mercy on him) said that Sulayman bin Yasar (may Allah have mercy on him) and Abu Salamah bin Abd al-Rahman (may Allah have mercy on him) were both asked: Is judgement given by an oath and a witness? They said: Yes.
(b) Muhammad bin Sirin (may Allah have mercy on him) said that Qadi Shurayh (may Allah have mercy on him) judged by an oath and a witness.
(c) Ibn Sirin (may Allah have mercy on him) said that Abdullah bin Utbah bin Mas'ud (may Allah have mercy on him) judged by an oath and a witness.
(d) Hushaym (may Allah have mercy on him) narrates from Husayn (may Allah have mercy on him): I took my dispute to Abdullah bin Utbah (may Allah have mercy on him), and he judged by an oath and a witness.
(e) Abu Mijlaz (may Allah have mercy on him) said: Zurarah bin Awfa (may Allah have mercy on him) gave judgement, and he judged on my testimony alone.
(f) It is narrated from Abu Qays and Abu Ishaq that Qadi Shurayh (may Allah have mercy on him) accepted the testimony of each of them alone.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20683
Abu Qays (may Allah have mercy on him) said: I testified before Qadi Shurayh (may Allah have mercy on him) concerning a copy of the Qur'an (mushaf), and he accepted the testimony of a single person.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20685
Ibn Sirin (may Allah have mercy on him) said that Qadi Shurayh (may Allah have mercy on him), when he knew the witness, used to accept the testimony of a single witness along with the oath of the claimant in a small matter.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20686
Ibn Lahi'ah narrates from Bukayr that he heard Abu Salamah (may Allah have mercy on him) asking the one who has the right for an oath along with one witness. Bukayr said: Abu Salamah (may Allah have mercy on him) kept judging in this way.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20688
Kulthum bin Ziyad (may Allah have mercy on him) said: I saw Sulayman bin Habib (may Allah have mercy on him) and al-Zuhri (may Allah have mercy on him), both of them judging by an oath and a witness. Kulthum (may Allah have mercy on him) said: Sulayman bin Habib (may Allah have mercy on him) was the judge of Madinah for thirty years, and he kept judging by an oath and a witness.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20689
Ibn Jurayj narrates from Ata' (may Allah have mercy on him) that for taking back (a divorced wife) two witnesses are required; if there is an excuse, then one witness and one oath.
Imam al-Shafi'i (may Allah have mercy on him) said: Ata' (may Allah have mercy on him) gave a ruling by an oath and a witness in a case in which none of us holds that view, and he said:
Imam al-Shafi'i (may Allah have mercy on him) said: An oath along with a witness is not contrary to the apparent meaning of the Qur'an, because we judge by two witnesses, and by one witness and two women, with no oath; and when there is one witness we judge by a witness and an oath. This is not contrary to the apparent meaning of the Qur'an, because it did not forbid that less than what it explicitly stated in His Book be valid.
Imam al-Shafi'i (may Allah have mercy on him) said: The Messenger of Allah (peace and blessings be upon him) knew best the meaning of what Allah, the Mighty and Majestic, intended, and Allah, the Mighty and Majestic, has commanded us to take what he gives us and to refrain from what he forbids us. We ask Allah for protection and success.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20690
Abd al-Rahman bin Abi al-Zinad (may Allah have mercy on him) narrates from his father (may Allah have mercy on him), and he from the jurists, that judgement is not to be given by an oath and a witness in divorce, 'itaq (freeing a slave) or separation. They did not consider the testimony of women valid when no man was with them, except in what only women see, and they used to say: Whoever has a witness testify for him about the killing of his slave, he swears one oath along with his witness and becomes entitled to the value of his slave.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 20691