The Office of the Judge (Kitab Al-Aqdiyah)

كتاب الأقضية

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."

Narrated Abdullah ibn Abbas

When this verse was revealed: "If they do come to thee, either judge between them, or decline to interfere....If thou judge, judge in equity between them." Banu an-Nadir used to pay half blood-money if they killed any-one from Banu Qurayzah. When Banu Qurayzah killed anyone from Banu an-Nadir, they would pay full blood-money. So the Messenger of Allah (ﷺ) made it equal between them.

Chapter 11: Struggling for an opinion when passing judgements

Some companions of Mu'adh ibn Jabal said

He replied: I shall judge in accordance with Allah's Book. He asked: (What will you do) if you do not find any guidance in Allah's Book? He replied: (I shall act) in accordance with the Sunnah of the Messenger of Allah (ﷺ).

He asked: (What will you do) if you do not find any guidance in the Sunnah of the Messenger of Allah (ﷺ) and in Allah's Book?

He replied: I shall do my best to form an opinion and I shall spare no effort.

The Messenger of Allah (ﷺ) then patted him on the breast and said: Praise be to Allah Who has helped the messenger of the Messenger of Allah to find something which pleases the Messenger of Allah.

Mu'adh bin Jabal said that when the Messenger of Allah (ﷺ) sent him to the Yemen... He then narrated the rest of the tradition to the same effect.

Chapter 12: Regarding reconciliation

Narrated AbuHurayrah

The Prophet (ﷺ) said: Conciliation between Muslims is permissible. The narrator Ahmad added in his version: "except the conciliation which makes lawful unlawful and unlawful lawful." Sulayman ibn Dawud added: The Messenger of Allah (ﷺ) said: Muslims are on (i.e. stick to) their conditions.

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

Yahya ibn Rashid said

We were sitting waiting for Abdullah ibn Umar who came out to us and sat. He then said: I heard the Messenger of Allah (ﷺ) as saying: If anyone's intercession intervenes as an obstacle to one of the punishments prescribed by Allah, he has opposed Allah; if anyone disputes knowingly about something which is false, he remains in the displeasure of Allah till he desists, and if anyone makes an untruthful accusation against a Muslim, he will be made by Allah to dwell in the corrupt fluid flowing from the inhabitants of Hell till he retracts his statement.

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 15: Regarding false witness

Narrated Khuraym Ibn Fatik

The Messenger of Allah (ﷺ) offered the morning prayer. When he finished it, he stood up and said three times: False witness has been made equivalent to attributing a partner to Allah. He then recited: "So avoid the abomination of idols and avoid speaking falsehood as people pure of faith to Allah, not associating anything with Him.

Chapter 16: The one whose testimony is to be rejected

'Amr bin Shu'aib on his father's authority told that his grandfather said

Abu Dawud said: Ghimr means malice and enimity ; qani (dependant), a subordinate servant like a special servant.

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 17: Testimony of a bedouin against townpeople

Narrated AbuHurayrah

The Prophet (ﷺ) said: The testimony of a nomad Arab against a townsman is not allowable.

Chapter 18: Testimony with regard to breastfeeding

'Uqbah bin al-Harith said

"I married Umm Yahya daughter of Abu Ihab. A black woman entered upon us. She said that she had suckled both of us. So I came to the Prophet (ﷺ), and amentioned it to him. He turned away from me. I said (to him): Messenger of Allah! she is a liar. He said: What do you know? She has said what she has said. Separate yourself from her (wife).

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.

Narrated Abdullah Ibn Abbas

A man from Banu Sahm went out with Tamim ad-Dari and Adi ibn Badda'. The man of Banu Sahm died in the land where no Muslim was present. When they returned with his inheritance, they (the heirs) did not find a silver cup with lines of gold (in his property). The Messenger of Allah (ﷺ) administered on oath to them. The cup was then found (with someone) at Mecca. They said: We have bought it from Tamim and Adi.

Then two men from the heirs of the man of Banu Sahm got up and swore saying: Our witness is more reliable than their witness. They said that the cup belonged to their man.

He (Ibn Abbas) said: The following verse was revealed about them: "O ye who believe! when death approaches any of you....."

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.

The tradition mentioned above has also been transmitted by 'Amr bin Dinar through a different chain of narrators and to the same effect. Salamah has in his version

'Amr said: In the rights (of the people).