Sunan Abi Dawud

Sunan Abi Dawud 3573

Regarding The Judge Who Is Mistaken
Arabic hadith text
حَدَّثَنَا مُحَمَّدُ بْنُ حَسَّانَ السَّمْتِيُّ، حَدَّثَنَا خَلَفُ بْنُ خَلِيفَةَ، عَنْ أَبِي هَاشِمٍ، عَنِ ابْنِ بُرَيْدَةَ، عَنْ أَبِيهِ، عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ ‏"‏الْقُضَاةُ ثَلاَثَةٌ وَاحِدٌ فِي الْجَنَّةِ وَاثْنَانِ فِي النَّارِ فَأَمَّا الَّذِي فِي الْجَنَّةِ فَرَجُلٌ عَرَفَ الْحَقَّ فَقَضَى بِهِ وَرَجُلٌ عَرَفَ الْحَقَّ فَجَارَ فِي الْحُكْمِ فَهُوَ فِي النَّارِ وَرَجُلٌ قَضَى لِلنَّاسِ عَلَى جَهْلٍ فَهُوَ فِي النَّارِ ‏"‏ ‏.‏ قَالَ أَبُو دَاوُدَ وَهَذَا أَصَحُّ شَىْءٍ فِيهِ يَعْنِي حَدِيثَ ابْنِ بُرَيْدَةَ ‏"‏ الْقُضَاةُ ثَلاَثَةٌ
Translation
Narrated Buraydah ibn al-Hasib

The Prophet (ﷺ) said: "Judges are of three types: one is in Paradise and two are in the Fire. As for the one who is in Paradise, he is a man who recognized the truth and judged accordingly. A man who recognized the truth and acted tyrannically in the judgment, then he is in the Fire. And a man who judged for the people out of ignorance, then he is in the Fire." Abu Dawud said: This is the soundest thing on this subject, meaning the tradition of Ibn Buraidah: "Judges are of three types."

Commentary

The Office of the Judge (Kitab Al-Aqdiyah)

Sunan Abi Dawud - Hadith 3573

Hadith Text

The Prophet (ﷺ) said: Judges are of three types, one of whom will go to Paradise and two to Hell. The one who will go to Paradise is a man who knows what is right and gives judgment accordingly; but a man who knows what is right and acts tyrannically in his judgment will go to Hell; and a man who gives judgment for people when he is ignorant will go to Hell.

Abu Dawud said: On this subject this is the soundest tradition, that is, the tradition of Ibn Buraidah: Judges are of three types.

Scholarly Commentary

This profound hadith establishes the grave responsibility of judicial authority in Islam. The Prophet (ﷺ) categorizes judges into three distinct types based on their knowledge and conduct, with eternal consequences for each.

The first type - who attains Paradise - possesses both knowledge of divine law (Sharia) and implements it with justice and integrity. This judge embodies the Quranic injunction: "Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice" (4:58).

The second type - who merits Hellfire - possesses knowledge but deliberately judges with tyranny and injustice. This represents the most severe betrayal of trust, as such a judge knowingly perverts justice, violating his covenant with Allah and the community.

The third type - also destined for Hell - judges while ignorant of Islamic jurisprudence. This emphasizes that judicial positions require qualified scholarship, not mere appointment. Ignorance in matters of law does not excuse the judge from accountability before Allah.

Abu Dawud's authentication of this tradition through Ibn Buraidah's chain underscores its reliability and the critical importance of its message for Islamic governance and judicial ethics.