The Office of the Judge (Kitab Al-Aqdiyah)

كتاب الأقضية

Chapter 1: Regarding Seeking Appointment As A Judge

Narrated Abu Hurayrah

The Prophet (ﷺ) said: He who has been appointed a judge among the people has been killed without a knife.

Chapter 3: Regarding Seeking The Position Of Judge and Hastening To Accept That Position

AbdurRahman ibn Bishr al-Ansari al-Azraq said

Two men from the locality of Kindah came while AbuMas'ud al-Ansari was sitting n a circle. They said: Is there any man who decides between us. A man from the circle said: I, AbuMas'ud took a handful of pebbles and threw at him, saying: Hush! It is disapproved to make haste in decision.

Abu Buradah reported the Prophet (ﷺ) as saying

"We will never employ or we shall not employ (the narrator is doubtful) in our work one who wants it."

Chapter 7: Regarding the Judges judge when he is mistaken

Umm Salamah said

Two men came to the Messenger of Allah (ﷺ) who were disputing over their inheritance. They had no evidence except their claim. The Prophet (ﷺ) then said in a similar way. Thereupon both the men wept and each of them said: This right of mine go to you. The Prophet (ﷺ) then said: Now you have done whatever you have done ; do divide it up, aiming at what is right, then drew lots, and let each of you consider the other to have what is legitimately his"

Umm Salamah reported the Prophet (ﷺ) as saying when two men were disputing over inheritance and old things

I decide between you on the basis of my opinion in cases about which no revelation has been sent down to me.

Chapter 10: Judgement between ahl adh-dhimmah

Ibn 'Abbas said

The Qur'anic verse: "If they do come to thee, either judge between them, or decline to interfere" was abrogated by the verse: "So judge between them by what Allah hath revealed."

Chapter 12: Regarding reconciliation

Ka'b bin Malik said that in the time of the Messenger of Allah (ﷺ) he made demand in the mosque for payment of a debt due to him from Ibn Abi Hadrad, and their voices rose till the Messenger of Allah (ﷺ), who was in his house, heard them. The Messenger of Allah (ﷺ) then went out to them and, removing the curtain of his apartment, he called to Ka'b bin Malik, addressing

"Ka'b!" He said: "At your service, Messenger of Allah." Thereupon he made a gesture with is hand indicating: Remit half the debt due to you. Ka'b said: "I shall do so, Messenger of Allah." The Prophet (ﷺ) then said: "Get up and discharge"

Chapter 13: Regarding testimonies

Zaid bin Khalid al-Juhani reported the Messenger of Allah (ﷺ) as saying

Abu Dawud said: Malis said: This refers to a man gives his evidence, but he does not know for whom it is meant. Al-Hamdani said: "He should inform the authorities. Ibn al-Sarh said: "He should give it to the ruler. The work ikhbar (inform) occurs in the version of al-Hamdani." Ibn al-Sarh said: "Ibn Abi 'Amrah and not 'Abd al-Rahman."

Chapter 14: Regarding a man who helps someone in a dispute without knowing about the case

The tradition mentioned above has also been transmitted by Ibn 'Umar from the Prophet (ﷺ) through different chain of narrators to the same effect. In this version he also said

"He who assits in a dispute unjustly deserves the anger of Allah, Most High.

Chapter 16: The one whose testimony is to be rejected

The tradition mentioned above (No. 3593) has also been transmitted by Sulayman ibn Musa through a different chain of narrators. This version has

The Messenger of Allah (ﷺ) said: The testimony of a deceitful man or woman, of an adulterer and adulteress, and of one who harbours rancour against his brother is not allowable.

Chapter 18: Testimony with regard to breastfeeding

The tradition mentioned above has also been transmitted by 'Uqbah bin al-Harith to the same effect through a different chain of narrators.Abu Dawud said

Hammad bin Zaid looked at al-Harith bin 'Umair and said: He is from reliable narrators from Ayyub.

Chapter 19: The testimony od ahl adh-dhimmah and a will made when traveling

Ash-Sha'bi said

A Muslim was about to die at Daquqa', but he did not find any Muslim to call him for witness to his will. So he called two men of the people of the Book for witness. Then they came to Kufah, and approaching AbuMusa al-Ash'ari they informed him (about his) will. They brought his inheritance and will. Al-Ash'ari said: This is an incident (like) which happened in the time of the Messenger of Allah (ﷺ) and never occurred after him. So he made them to swear by Allah after the afternoon prayer to the effect that they had not misappropriated, nor told a lie, nor changed, nor concealed, nor altered, and that it was the will of the man and his inheritance. He then executed their witness.

Chapter 20: If the judge knows that the testimony of one person is true, is it permissible for him to pass judgment on the basis of that

Narrated Uncle of Umarah ibn Khuzaymah

The Prophet (ﷺ) bought a horse from a Bedouin. The Prophet (ﷺ) took him with him to pay him the price of his horse. The Messenger of Allah (ﷺ) walked quickly and the Bedouin walked slowly. The people stopped the Bedouin and began to bargain with him for the horse as and they did not know that the Prophet (ﷺ) had bought it.

The Bedouin called the Messenger of Allah (ﷺ) saying: If you want this horse, (then buy it), otherwise I shall sell it. The Prophet (ﷺ) stopped when he heard the call of the Bedouin, and said: Have I not bought it from you? The Bedouin said: I swear by Allah, I have not sold it to you. The Prophet (ﷺ) said: Yes, I have bought it from you. The Bedouin began to say: Bring a witness. Khuzaymah ibn Thabit then said: I bear witness that you have bought it. The Prophet (ﷺ) turned to Khuzaymah and said: On what (grounds) do you bear witness?

He said: By considering you trustworthy, Messenger of Allah (ﷺ)! The Prophet (ﷺ) made the witness of Khuzaymah equivalent to the witness of two people.

Chapter 21: Judgement on the basis of oath and one witness

Ibn 'Abbas said

The Messenger of Allah (ﷺ) gave a decision on the basis of an oath and a single witness.

Chapter 2: Regarding The Judge Who Is Mistaken

Narrated Buraydah ibn al-Hasib

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.

Ibn 'Abbas said

"If any do fail to judge (by the light of) what Allah has revealed, they are (no better than) unbelievers" up to "wrongdoers." These three verses were revealed about the Jews, particularly about Quraizah and al-Nadir.

Chapter 4: Regarding Bribery Being Disliked

Narrated Abdullah ibn Amr ibn al-'As

The Messenger of Allah (ﷺ) cursed the one who bribes and the one who takes bribe.

Chapter 5: Regarding gifts for workers

Narrated Adi ibn Umayrah al-Kindi

The Prophet (ﷺ) said: O people, if any of you is put in an administrative post on our behalf and conceals from us a needle or more, he is acting unfaithfully, and will bring it on the Day of Resurrection. A black man from the Ansar, as if I am seeing him, stood and said: Messenger of Allah, take back from me my post. He asked: What is that? He replied: I heard you say such and such. He said: And I say that. If we appoint anyone to an office, he must bring what is connected with it, both little and much. What he is given, he may take, and he must refrain from what is kept away from him.

Chapter 7: Regarding the Judges judge when he is mistaken

Mu'adh bin Mu'adh said

Abu 'Uthman al-Shami, whose name is Hariz bin 'Uthman, told me. I think I did not see anyone from Syria better than him.