Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) narrates from the Prophet (peace and blessings be upon him) that he said: "If people were given on the basis of their claims, people would start claiming wealth and blood; but the oath is upon the defendant (that is, the one against whom the claim is made)."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 21197
Ibn Abi Mulaykah (may Allah have mercy on him) said: Two women were sewing (leather) in a house. One of them came out with an awl driven through her palm. The matter was brought to Sayyiduna Ibn Abbas (may Allah be pleased with them both).
He said that the Messenger of Allah (peace and blessings be upon him) said: "If people were given (everything) on the basis of their claims, they would claim people's blood and wealth." Then he said: Admonish her by Allah and recite this verse to her: "Indeed, those who exchange the covenant of Allah and their oaths for a small price" [Surah Al Imran: 77], that is, they take a small price in return for Allah's covenant and their oaths. So she was admonished, and that woman confessed.
(b) Sayyiduna Ibn Abbas (may Allah be pleased with them both) said that the Prophet (peace and blessings be upon him) said: "The oath is upon the defendant."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 21199
Ibn Abi Mulaykah (may Allah have mercy on him) said: A woman was brought to me claiming that her companion had stabbed her with an awl until it came out through her palm. So I asked Ibn Abbas (may Allah be pleased with them both), and he said that the Messenger of Allah (peace and blessings be upon him) said: "If people were given on the basis of their claims, men would claim the wealth and blood of other men; but the proof is upon the one who makes the demand, and the oath is upon the one from whom it is demanded."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 21200
Uthman bin al-Aswad narrates from Ibn Abi Mulaykah (may Allah have mercy on him) that he said: I was the judge of Taif on behalf of Sayyiduna Abdullah bin al-Zubayr (may Allah be pleased with them both). He mentioned the story of the two women, and said: I wrote to Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both), and Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) wrote in reply that the Messenger of Allah (peace and blessings be upon him) said: "If people were given on the basis of their claims, people would claim the wealth and blood of their people; but 'the proof is upon the claimant, and the oath is upon the one who denies.'"
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 21201
Ibn Abbas (may Allah be pleased with them both) said that the Messenger of Allah (peace and blessings be upon him) gave the ruling "the oath is upon the defendant."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 21202
Ibn Abbas (may Allah be pleased with them both) said that the Messenger of Allah (peace and blessings be upon him) said: "The proof is upon the claimant and the oath is upon the defendant (that is, the one against whom the claim is made)."
Abu al-Qasim (al-Tabarani) said: No one narrated it from Sufyan except al-Firyabi.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 21203
Sayyiduna Abdullah (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) said: "Whoever swears a binding oath and seeks by it to take a Muslim's wealth will meet Allah while He is angry with him." Allah sent down a confirmation of this: "Indeed, those who exchange the covenant of Allah and their oaths for a small price" [Surah Al Imran: 77]. Sayyiduna Ash'ath bin Qays (may Allah be pleased with him) came and asked: What did Abu Abd al-Rahman narrate? They said: Such and such. He said: It was revealed concerning me. There was a well of mine in the land of a cousin of mine. I came to the Prophet (peace and blessings be upon him), and he (peace and blessings be upon him) said: "Your proof, or his oath." I said: O Messenger of Allah, he will swear the oath. So the Messenger of Allah (peace and blessings be upon him) said: "Whoever swears a binding oath while lying in it, seeking only to seize a Muslim's wealth, will meet Allah while Allah is angry with him."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 21204
Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) said: Whoever swears an oath to seize another's wealth while he is lying in that oath will meet Allah in a state in which Allah is angry with him. The confirmation of this is in the Qur'an: "Indeed, those who exchange the covenant of Allah and their oaths for a small price" [Surah Al Imran: 77]. Then Sayyiduna Ash'ath bin Qays (may Allah be pleased with him) came out to us and said: "What has Abu Abd al-Rahman narrated to you?" We told him what he had said. He said: "He spoke the truth. This verse was revealed concerning me, for there was a dispute between me and a man over a well. We took our dispute to the Messenger of Allah (peace and blessings be upon him), and he (peace and blessings be upon him) said: 'Proof is upon you and the oath is upon him.' I said: He will swear the oath and will not care. He (peace and blessings be upon him) said: 'Whoever swears an oath while he is lying will meet Allah while Allah is angry with him.' Allah sent down a confirmation of this." Then he recited this verse: "Indeed, those who exchange the covenant of Allah and their oaths for a small price" [Surah Al Imran: 77].
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 21205
Sayyiduna Zayd bin Thabit (may Allah be pleased with him) narrates from the Messenger of Allah (peace and blessings be upon him) that the Messenger of Allah (peace and blessings be upon him) said: "When the one making the demand has no proof, the oath is upon the one from whom it is demanded."
The hadith "The proof is upon the claimant, and the oath is upon the defendant" has been narrated to us through other routes, all of them weak, and what we have mentioned suffices.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 21206
Idris al-Awdi said: Sa'id bin Abi Burdah brought out a letter and said: (This is a letter) from Sayyiduna Umar (may Allah be pleased with him) to Sayyiduna Abu Musa al-Ash'ari (may Allah be pleased with him). In this letter it says: "Proof is upon the one who makes the claim, and the oath is upon the one against whom the claim is made."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 21207
Qatadah (may Allah have mercy on him), concerning the saying of Allah, "And We gave him wisdom and decisive speech" [Surah Sad: 20], said: The proof is upon the claimant, and the oath is upon the defendant.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 21208
Jamil bin Abd al-Rahman al-Mu'adhdhin used to attend Umar bin Abd al-Aziz (may Allah have mercy on him) when he was the governor of Madinah and judged between people. When a man made a claim against another, he would look: if he saw that there were dealings and mixing between the two, he would require the defendant to take an oath; and if there were no such dealings between them, he would not require the oath.
Imam al-Shafi'i (may Allah have mercy on him) said in the Book of Claims: The oath is upon the defendant, whether there were dealings between the claimant and the defendant or not.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الشهادات / 21209