سنن ترمذي
Tirmidhi
كتاب الديات عن رسول الله صلى الله عليه وسلمThe Book on Blood Money
باب مَا جَاءَ فِي الْحَبْسِ فِي التُّهْمَةِChapter: What Has Been Related About Imprisoning For An Accusation
Hadith 1417
اُردوEn
حَدَّثَنَا عَلِيُّ بْنُ سَعِيدٍ الْكِنْدِيُّ , حَدَّثَنَا ابْنُ الْمُبَارَكِ , عَنْ مَعْمَرٍ , عَنْ بَهْزِ بْنِ حَكِيمٍ , عَنْ أَبِيهِ , عَنْ جَدِّهِ , أَنّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " حَبَسَ رَجُلًا فِي تُهْمَةٍ , ثُمَّ خَلَّى عَنْهُ " . قَالَ : وَفِي الْبَاب , عَنْ أَبِي هُرَيْرَةَ , قَالَ أَبُو عِيسَى : حَدِيثُ بَهْزٍ , عَنْ أَبِيهِ , عَنْ جَدِّهِ حَدِيثٌ حَسَنٌ , وَقَدْ رَوَى إِسْمَاعِيل بْنُ إِبْرَاهِيمَ , عَنْ بَهْزِ بْنِ حَكِيمٍ , هَذَا الْحَدِيثَ أَتَمَّ مِنْ هَذَا وَأَطْوَلَ .
´Narrated Bahz bin Hakim:` from his father, from his grandfather, that the Prophet (ﷺ) imprisoned a man for an accusation, then he let him go.
Related hadith on this topic
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
There can be several reasons for this accusation and allegation:
He may have given false testimony,
or someone may have presented a claim of his being guilty,
or he may have had someone’s debt outstanding upon him,
then, upon his crime not being proven, he would have been released. From the hadith, it is also understood that detaining and imprisoning someone before the crime is proven is a matter established by the Shariah.
2:
For the complete hadith, see Sunan Abi Dawud, the referenced citation.
1:
There can be several reasons for this accusation and allegation:
He may have given false testimony,
or someone may have presented a claim of his being guilty,
or he may have had someone’s debt outstanding upon him,
then, upon his crime not being proven, he would have been released. From the hadith, it is also understood that detaining and imprisoning someone before the crime is proven is a matter established by the Shariah.
2:
For the complete hadith, see Sunan Abi Dawud, the referenced citation.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1417
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: If a person is accused but the reality is not clear, then it is permissible to detain him for a short period for the purpose of investigation until the reality becomes clear.
However, to prolong the period of detention without reason in an unusual manner (as is common nowadays) is, from a Shari‘ah perspective, questionable; many harms arise from this.
Benefit: If a person is accused but the reality is not clear, then it is permissible to detain him for a short period for the purpose of investigation until the reality becomes clear.
However, to prolong the period of detention without reason in an unusual manner (as is common nowadays) is, from a Shari‘ah perspective, questionable; many harms arise from this.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3630
