Sunan Abi Dawud
Sunan Abi Dawud 3583
Regarding the Judges judge when he is mistaken
Arabic hadith text
حَدَّثَنَا مُحَمَّدُ بْنُ كَثِيرٍ، أَخْبَرَنَا سُفْيَانُ، عَنْ هِشَامِ بْنِ عُرْوَةَ، عَنْ عُرْوَةَ، عَنْ زَيْنَبَ بِنْتِ أُمِّ سَلَمَةَ، عَنْ أُمِّ سَلَمَةَ، قَالَتْ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم "إِنَّمَا أَنَا بَشَرٌ وَإِنَّكُمْ تَخْتَصِمُونَ إِلَىَّ وَلَعَلَّ بَعْضَكُمْ أَنْ يَكُونَ أَلْحَنَ بِحُجَّتِهِ مِنْ بَعْضٍ فَأَقْضِيَ لَهُ عَلَى نَحْوِ مَا أَسْمَعُ مِنْهُ فَمَنْ قَضَيْتُ لَهُ مِنْ حَقِّ أَخِيهِ بِشَىْءٍ فَلاَ يَأْخُذْ مِنْهُ شَيْئًا فَإِنَّمَا أَقْطَعُ لَهُ قِطْعَةً مِنَ النَّارِ " .
Translation
Umm Salamah reported the Messenger of Allah (ﷺ) as saying
"I am only a human being, and you bring your disputes to me, and some of you may be more eloquent in their argument than others, so I judge in his favor according to what I hear from him. Therefore, whomever I give a judgment for that takes a right belonging to his brother, let him not take anything of it, for I am only cutting out for him a piece of the Fire."
The Office of the Judge (Kitab Al-Aqdiyah)
Sunan Abi Dawud 3583 - Commentary by Classical Scholars
Hadith Text
"I am only a human being, and you bring your disputes to me, some perhaps being more eloquent in their plea than others, so that I give judgement on their behalf according to what I hear from them. Therefore, whatever I decide for anyone which by right belongs to his brother, he must not take anything, for I am granting him only a portion of Hell."
Scholarly Commentary
This profound hadith from Sunan Abi Dawud establishes fundamental principles of Islamic judiciary. The Prophet (peace be upon him) acknowledges his human limitations in discerning truth from eloquent presentation. Scholars explain this demonstrates that judicial rulings are based on apparent evidence (zahir), not necessarily absolute truth (haqiqah).
Imam Al-Khattabi comments that this teaches judges humility and awareness of their fallibility. The warning "I am granting him only a portion of Hell" serves as a severe caution against usurping others' rights, even through legitimate judicial channels. Classical jurists derive from this that one must not accept what is wrongfully adjudicated in their favor if they know the truth.
Ibn Hajar Al-Asqalani emphasizes that this hadith establishes the principle that judicial verdicts don't make unlawful things lawful in Allah's sight. The responsibility remains with individuals to ensure they don't consume what rightfully belongs to others, regardless of court judgments.
Legal Implications
This narration forms the basis for distinguishing between the apparent ruling (hukm al-zahir) and the actual divine judgment (hukm al-haqiqi). Scholars like Imam Al-Nawawi state it obligates Muslims to return wrongfully acquired property even after favorable court rulings.
The Hanafi school particularly emphasizes that judicial decisions based on testimony don't change the actual ownership status before Allah. The Malikis and Shafi'is similarly hold that one must restore others' rights if they become certain of the truth, notwithstanding court verdicts.