The Chapters
on Rulings from Sunan Ibn Majah
2308 It was
narrated from Abu Hurairah that the Prophet (saw) said: “Whoever is appointed
judge between the people, he has been slaughtered without a knife.” (Hasan)
2309 It was
narrated from Anas bin Malik that the Messenger of Allah (saw) said: “Whoever
asks to be appointed a judge, will be entrusted to himself, but whoever is
forced to accept the position, an angel will come down to him and guide him.’”
(Da’if)
2310 It was
narrated that ‘Ali said: “The Messenger of Allah (saw) sent me to Yemen. I
said: ‘O Messenger of Allah, you are sending me to judge between them while I
am a young man, and I do not know how to judge.’ He struck me on the chest with
his hand and said: ‘O Allah, guide his heart and make his tongue steadfast.’
And after that I never doubted in passing judgment between two people.” (Da’if)
2311 It was
narrated that ‘Abdullah said: “The Messenger of Allah (saw) said: ‘There is no
judge who judges between the people but on the Day of Resurrection an angel
will come and take hold of the back of his head and raise his head towards the
sky and if it said: “Throw him,” he will throw him into an abyss the depth of
forty autumns (years).’” (Da’if)
2312 It was
narrated from ‘Abdullah bin Abu Awfa that the Messenger of Allah (saw) said: “Allah
is with the judge so long as he is not unjust, but if he rules unjustly, He
entrusts him to himself.” (Hasan)
2313 It was
narrated from ‘Abdullah bin ‘Amr that the Messenger of Allah (saw) said: “The
curse of Allah is upon the one who offers a bribe and the one who takes it.”
(Hasan)
2314 It was
narrated from ‘Amr bin ‘As that he heard the Messenger of Allah (saw) say: “When
the judge passes a judgment and does his best and gets it right, he will have
two rewards, and if he passes a judgment and does his best and gets it wrong,
he will have one reward.” (Sahih)
Yazid (one of the narrators) said: “So I narrated it to
Abu Bakr bin ‘Amr bin Hazm. He said: ‘This is how it was narrated to me by Abu
Salamah from Abu Hurairah.’”
2315 Abu
Hashim said: “Were it not for the Hadith of Ibn Buraidah from his father, from
the Prophet (saw) who said: ‘Judges are of three types, two of whom will be in
Hell and one who will be in Paradise. The man who knows the truth and rules in
accordance with it, will be in Paradise. The man who passes judgment on the
people in ignorance will be in Hell, and the man who is unjust in judgment will
be in Hell’ – we would have said that if he judge his best he will be in
Paradise.” (Da’if)
2316 It was
narrated from ‘Abdul-Malik bin ‘Umair that he heard ‘Abdur-Rahman bin Abu
Bakrah (narrate) from his father that the Messenger of Allah (saw) said: “Let
the judge (Qadi) not pass a judgment when he is angry.” (Sahih)
2317 It was
narrated from Umm Salamah that the Messenger of Allah (saw) said: “You refer
your disputes to me and I am only human. Perhaps some of you may be more
eloquent in presenting your case than others, so I rule in your favor because
of what I hear from you. If I pass judgment in favor of one of you that
detracts from his brother’s rights, then he should not take it, because it is a
piece of fire that is given to him which he will bring forth on the Day of
Resurrection.” (Sahih)
2318 It was
narrated from Abu Hurairah that the Messenger of Allah (saw) said: “I am only
human, and some of you may be more eloquent in presenting your case than
others. If I pass a judgment in his favor that detracts from his brother’s
rights, I am giving him a piece of fire.” (Hasan)
2319 It was
narrated from Abu Dharr that he heard the Messenger of Allah (saw) say: “Whoever
claims something that does not belong to him; he is not one of us, so let him
take his place in Hell.” (Sahih)
2320 It was
narrated from Ibn ‘Umar that the Messenger of Allah (saw) said: “Whoever takes
the wrongdoer’s side in a dispute or supports wrongdoing, he will remain
subject to the wrath of Allah until he gives it up.” (Hasan)
2321 It was
narrated from Ibn ‘Abbas that the Messenger of Allah (saw) said: “If the people
were given what they claimed, some would have claimed the lives and property of
men. But the one the claim is made against is obliged to swear an oath.”
(Sahih)
2322 It was
narrated that Ash’ath bin Qais said: “There was a dispute between myself and a
Jewish man concerning some land, and he denied me my rights so I brought him to
the Prophet (saw). The Messenger of Allah (saw) said to me: ‘Do you have proof?’
I said: ‘No.’ He said to the Jews. ‘Swear an oath.’ I said: ‘If he swears an
oath he will take my property.’ Then Allah, Glorious is He, revealed: ‘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 (Paradise). Neither will
Allah speak to them nor look at them on the Day of Resurrection nor will He
purify them, and they shall have a painful torment.’” [3:77] (Sahih)
2323 It was
narrated from ‘Abdullah bin Mas’ud that the Messenger of Allah (saw) said: “Whoever
swears a false oath in order to seize the wealth of a Muslim unlawfully, he
will meet Allah when He is angry with him.” (Sahih)
2324 Abu
Umamah Al-Harithi narrated that he heard the Messenger of Allah (saw) say: “No
man seizes the wealth of a Muslim unlawfully by means of his (false) oath, but
Allah will deny Paradise to him and will doom him to Hell.” A man among the
people said: “O Messenger of Allah, even if it is something small?” He said: “Even
if it is a twig of an Arak tree.” (Sahih)
2325 It was
narrated from Jabir bin ‘Abdullah that the Messenger of Allah (saw) said: ‘Whoever
swears a false oath near this pulpit of mine, let him take his place in Hell,
even if it is for a green twig.” (Sahih)
2326 Muhammad
bin Yahya, who is Abu Yunus Al-Qawi, said: I heard Abu Salamah say: I heard Abu
Hurairah say: “The Messenger of Allah (saw) said: ‘No man or woman swears a
false oath beside this pulpit, even if it is for a fresh twig, but he will be
doomed to Hell.’” (Sahih)
2327 It was
narrated from Bara’ bin ‘Azib that the Messenger of Allah (saw) called one of
the Jewish scholars and said: “Swear by the One Who sent the Torah (Tawrah)
down to Musa.” (Sahih)
2328 It was
narrated from Jabir bin ‘Abdullah that the Messenger of Allah (saw) said to two
Jews: “Swear by Allah Who sent the Tawrah down to Musa, peace be upon him.” (Da’if)
2329 It was
narrated from Abu Hurairah that he said that two men laid claim to an animal,
and neither of them had any proof, so the Prophet (saw) commanded them to cast
lots as to which of them should swear an oath. (Da’if)
2330 It was
narrated from Abu Musa that two men referred a dispute to the Messenger of
Allah (saw) concerning an animal, and neither of them had proof, so he ruled
that it should be divided in half. (Hasan)
2331 It was
narrated from Samurah bin Jundub that the Messenger of Allah (saw) said: “If a
man loses something, or it is stolen from him, and he finds it in the
possession of a man who bought it, then he has more right to it, and the one who
bought it should ask for his money back from the one who sold it to him.’” (Da’if)
2332 It was
narrated from Ibn Shihab that Ibn Muhasiyyah Al-Ansari told him that a
she-camel belonging to Bara’ used to wander free. It entered a garden belonging
to some people and caused some damage. The Messenger of Allah (saw) was told of
that, and he ruled that property was to be protected by its owners during the
day, but the owners of livestock were responsible for any damage caused by
their animals during the night. (Da’if)
Another chain from Haram bin Muhasiyyah, from Bara’ bin ‘Azib,
that a she-camel belonging to the family of Bara’ damaged something, and the
Messenger of Allah (saw) issued a similar ruling.
2333 It was
narrated that a man from Banu Suwa’ah said: “I said to ‘Aishah: ‘Tell me about
the character of the Messenger of Allah (saw).’ She said: ‘Have you not read
the Qur’an: “And verily, you (O Muhammad) are on an exalted (standard of)
character?” [68:4] She said: ‘The Messenger of Allah (saw) was with his
Companions, and I made some food for him, and Hafsah made some food for him,
but Hafsah got there before me. So I said to the slave girl: “Overturn her
bowl.” She went and caught up with her, and she was about to put (the bowl) in
front of the Messenger of Allah (saw). She overturned it and the bowl broke,
scattering the food. The Messenger of Allah (saw) gathered the pieces and the
food on the leather mat, and they ate. Then he sent for my bowl and gave it to
Hafsah, and said: “Take this pot in place of your pot, and eat what is in it.”
And I did not see any expression of anger on the face of the Messenger of Allah
(saw).’” (Da’if)
2334 It was
narrated that Anas bin Malik said: “The Prophet (saw) was with one of the
Mothers os the Believers (his wives) and another (wife) sent a bowl containing
food. She (the first wife) struck the hand of the Messenger and the bowl fell
and broke. The Messenger of Allah (saw) took the pieces and put them back
together, then he started gathering up the food and putting it in (the bowl).
He said: ‘Your mother was jealous. Eat.’ So they ate, and she (the wife who
broke the bowl) brought the bowl that was in her house and gave the intact bowl
to the Messenger, who left the broken bowl in the house of the one who broke
it.” (Sahih)
2335 It was
narrated that ‘Abdur-Rahman Al-A’raj said: “I heard Abu Hurairah narrating that
the Prophet (saw) said: ‘When anyone of you asks his neighbour for permission
to fix a piece of wood to his wall, he should not refuse him.’ When Abu
Hurairah told them this, they lowered their heads, and when he saw them he
said: ‘Why do I see you turning away from it? By Allah, I will force you to
accept it.’” (Sahih)
2336 ‘Ikrimah
bin Salamah narrated that there were two brothers from among the sons of
Mughirah. One of them swore an oath to set a slave free if the other one fixed
a piece of wood to his wall. Mujammi’ bin Yazid and many men from among the
Ansar came and said: “We bear witness that the Messenger of Allah (saw) said: ‘None
of you should refuse to let his neighbour fix a piece of wood to his wall.’” He
said: ‘O my brother, judgment has been passed in your favor against me, but I
have sworn an oath.’ So go ahead and fix your wood to my wall.”
2337 It was
narrated from Ibn ‘Abbas that the Prophet (saw) said: “No one of you should
refuse to let his neighbour fix a piece of wood to his wall.” (Sahih)
2338 It was narrated
from Abu Hurairah that the Messenger of Allah (saw) said: “Make the path seven
forearms length wide.” (Sahih)
2339 It was
narrated from Ibn ‘Abbas that the Messenger of Allah (saw) said: “When you
dispute concerning a path, make it seven forearms length wide.’” (Sahih)
2340 It was
narrated from ‘Ubadah bin Samit that the Messenger of Allah (saw) ruled: “There
should be neither harming nor reciprocating harm.” (Da’if)
2341 It was narrated from Ibn ‘Abbas that the Messenger of Allah
(saw) said: “There should be neither harming nor reciprocating harm.” (Da’if)
2342 It was narrated from Abu Sirmah that the Messenger of Allah
(saw) said: “Whoever harms others, Allah will harm him; and whoever causes
hardship to others Allah will cause hardship to him.’” (Da’if)
2343 It was narrated from Nimran bin Jariyah, from his father, that
some people referred a dispute to the Prophet (saw) about a hut, so that he
could judge between them. He sent Hudhaifah to judge between them, and he ruled
in favor of those who had the rope (with which the hut was binded together).
When he went back to the Prophet (saw) he told him (what he had done) and he
said: “you did the right thing, and you did well.” (Da’if)
2344 It was narrated from (‘Uqbah bin ‘Amir of) Samurah bin Jundub
that the Messenger of Allah (saw) said: “If a product is sold to two men, it is
for the one who was first.” (Da’if)
(One of the narrators) Abu
Al-Walid said: “This Hadith shows that Khalas is invalid.”
2345 It was narrated from ‘Imran bin Husain that a man had six
slaves, and he did not have any other wealth apart from them, and he set them
free when he died. The Messenger of Allah (saw) divided them into groups, set two
free and left four as slaves. (Sahih)
2346 It was narrated from Abu Hurairah that two men disputed
concerning a transaction, and neither of them had proof. The Messenger of Allah
(saw) commanded them to draw lots as to which of them should swear an oath, whether
they liked it or not. (Da’if)
2347 It was narrated from ‘Aishah that when the Prophet (saw)
traveled, he would cast lots among his wives (to decide which one would
accompany him). (Sahih)
2348 It was narrated that Zaid bin Arqam said: “A case was brought
to ‘Ali bin Abu Talib when he was in Yemen, concerning three men who had had
intercourse with a woman during one period of being free from menses. He asked
two of them: “Do you affirm that this child belongs to (the third man)?” And
they said: “No.” He asked another two of them: “Do you affirm that this child
belongs to (the third man)?” And they said: “No.” Every time he asked two of
them whether they affirmed that the child belonged to the third, they would say
no. So he cast lots between them, and attributed the child to the one whose
name was chosen in this manner, and obliged him to pay two third of the Diyah.*
The Prophet (saw) was told of this, and he smiled so broadly that his back
teeth became visible. (Da’if)
*Diyah: blood money, in this
case it refers to the value of the woman (who was a slave).
2349 It was
narrated that ‘Aishah said: “The Messenger of Allah (saw) came in one day
looking happy, and said: ‘O ‘Aishah, did you not see that Mujazziz Al-Mudliji
entered upon me and saw Usamah and Zaid. There was a blanket over them and
their faces were covered but theri feet were exposed, and he said: ‘These feet
belong to one another.’” (Sahih)
2350 It was
narrated from Ibn ‘Abbas that the Quraish went to a sorceress and they said to
her: “Tell us whose footprints most resemble those of the owner of Al-Maqam
(the station of Ibrahim).” She said: “If you spread a piece of cloth over this
soft earth and walk over it, I will tell you.” So they spread out a piece of
cloth and the people walked over it. She saw the footprints of the Messenger of
Allah (saw) and said: “This one most closely resembles him among you.” After
that twenty years passed, or as long as Allah willed, then Allah sent Muhammad
(saw) (i.e., missioned him as the Prophet). (Da’if)
2351 It was
narrated from Abu Hurairah that the Prophet (saw) gave a child the choice
between his father and his mother (i.e., which parent to live with). He said: “O
boy, this is your mother and this is your father.” (Sahih)
2352 It was
narrated from ‘Abdul-Hamid bin Salamah, from his father, from his grandfather,
that his parents referred their dispute to the Prophet (saw), and one of them
was a disbeliever while the other was Muslim. He gave him the choice and he
turned towards the disbeliever. He (the Prophet (saw)) said: “O Allah, guide
him,” and he turned towards the Muslim, and he ruled that he should go with
that parent. (Hasan)
2353 Kathir
bin ‘Abdullah bin ‘Amr bin ‘Awf narrated from his father that his grandfather
said: “I heard the Messenger of Allah (saw) say: ‘Reconciling between Muslims
is permissible, except reconciliation that forbids something that is allowed,
or allows something that is forbidden.’” (Sahih)
2354 It was
narrated from Anas bin Malik that there was a man at the time of the Messenger
of Allah (saw) whose mental faculties were lacking, and he used to buy and
sell. His family came to the Prophet (saw) and said, “O Messenger of Allah,
stop him.” So the Prophet (saw) called him, and told him not to do that. He
said: “O Messenger of Allah, I cannot bear to be away from business.” He said ,
“If you engage in a transaction, then say: ‘Take it (i.e. the goods) and don’t
cheat (me).’”* (Sahih)
*The Prophet (saw) told him to do that so that people
would realize that he was not very smart, so they would be kind to him and
treat him fairly, as people at that time were like brothers, and cared for
others more than they cared for themselves.
2355 It was
narrated that Muhammad bin Yahya bin Habban said: “My grandfather was Munqidh
bin ‘Amr. He was a man who had suffered a head wound and lost the power of
speech, but that did not stop him from engaging in trade. He was always being
cheated, so he went to the Prophet (saw) and told him about that. He said to
him: ‘When you buy something, say: “There should be no intention of cheating,”
and for every product you buy, you have the choice for three nights. If you are
pleased with it, keep it, and if you are displeased then return it.’” (Hasan)
2356 It was
narrated that Abu Sa’eed Al-Khudri said: “At the time of the Messenger of Allah
(saw), a man suffered loss of some fruit that he had purchased, and his debts
increased. The Messenger of Allah (saw) said: ‘Give him charity.’ So the people
gave him charity, but that was not enough to pay off his debts. The Messenger
of Allah (saw) said: ‘Take what you find, but you have no right to more than
that,’ meaning his creditors.” (Sahih)
2357 It was
narrated from Jabir bin ‘Abdullah that the Messenger of Allah (saw) rid Mu’adh
bin Jabal of his creditors, then he appointed him governor of Yemen. Mu’adh
said: “The Messenger of Allah (saw) settled my debts with my creditors using
what wealth I had, then he appointed me as governor.” (Da’if)
2358 It was
narrated from Abu Hurairah that the Messenger of Allah (saw) said: “Whoever
finds his exact property with a man who has become bankrupt, then he has more
right to it than anyone else.” (Sahih)
2359 It was
narrated from Abu Hurairah that the Prophet (saw) said: “Any man who sells a
product, then he finds the exact product with the men who has become bankrupt,
and he has not taken any of its price, it belongs to him, but if he had taken
away any of its price, then he is like any other creditor.” (Sahih)
2360 It was
narrated that Ibn Khaldah, who was a judge in Al-Madinah, said: We came to Abu
Hurairah and asked him about a companion of ours who had become bankrupt. He
said: “This is what the Prophet (saw) ruled: ‘Any man who dies or becomes
bankrupt, the owner of the product has more right to it, if he finds the exact
thing.’” (Hasan)
2361 It was
narrated from Abu Hurairah that the Messenger of Allah (saw) said: “Any man who
dies and has the property of another man, whether he paid something towards it
or not, (the owner of those goods) is like any other creditor.” (Hasan)
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