The Office of the Judge (Kitab Al-Aqdiyah)
كتاب الأقضية
Chapter 10: Judgement between ahl adh-dhimmah
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 14: Regarding a man who helps someone in a dispute without knowing about the case
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.
Chapter 16: The one whose testimony is to be rejected
Abu Dawud said: Ghimr means malice and enimity ; qani (dependant), a subordinate servant like a special servant.
Chapter 19: The testimony od ahl adh-dhimmah and a will made when traveling
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 1: Regarding Seeking Appointment As A Judge
The Prophet (ﷺ) said: He who has been appointed a judge has been killed without a knife.
Chapter 2: Regarding The Judge Who Is Mistaken
I narrated it to Abu Bakr bin Hazm and he said: "This is what Abu Salamah narrated to me from Abu Hurairah.
The Prophet (ﷺ) said: If anyone seeks the office of judge among Muslims till he gets it and his justice prevails over his tyranny, he will go to Paradise; but the man whose tyranny prevails over his justice will go to Hell.
Chapter 3: Regarding Seeking The Position Of Judge and Hastening To Accept That Position
The Prophet (ﷺ) said: If anyone desires the office of Judge and seeks help for it, he will be left to his own devices; if anyone does not desire it, nor does he seek help for it, Allah will send down an angel who will direct him aright.
Waki' said: (This tradition has also been transmitted) by Isra'il, from 'Abd al-A'la, from Bilal bin Abi Musa, from Anas, from the Prophet (ﷺ).
Abu 'Awanah said: from 'Abd al-A'la, from Bilal bin Mirdas al-Fazari, from Khaithamah al-Basri from Anas.
Chapter 6: How to Judge
The Messenger of Allah (ﷺ) sent me to the Yemen as judge, and I asked: Messenger of Allah, are you sending me when I am young and have no knowledge of the duties of a judge? He replied: Allah will guide your heart and keep your tongue true. When two litigants sit in front of you, do not decide till you hear what the other has to say as you heard what the first had to say; for it is best that you should have a clear idea of the best decision. He said: I had been a judge (for long); or he said (the narrator is doubtful): I have no doubts about a decision afterwards.
Chapter 9: A judge passing judgement while he is angry
The Messenger of Allah (ﷺ) said: A judge should not decide between the two while he is in anger.
Chapter 12: Regarding reconciliation
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.
Chapter 15: Regarding false witness
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 17: Testimony of a bedouin against townpeople
The Prophet (ﷺ) said: The testimony of a nomad Arab against a townsman is not allowable.
Chapter 18: Testimony with regard to breastfeeding
"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).
Chapter 21: Judgement on the basis of oath and one witness
The Prophet (ﷺ) gave a decision on the basis of an oath and a single witness.
Abu Dawud said: Al-Rabi' bin Sulaiman al-Mu'adhdhin told me some additional words in this tradition: Al-Shafi'i told me from 'Abd al-'Aziz. I then mentioned it fo Suhail who said: Rabi'ah told me - and he is reliable in my opinion - that I told him this (tradition) and I do not remember it. 'Abd al-'Aziz said: Suhail suffered from some disease which caused him to lose a little of his intelligence, and he forgot some of his traditions. Thereafter Suhail would narrate traditions from Rabi'ah on the authority of his father.
I then met Suhail and asked him about this tradition. He said: I do not know it. I said to him: Rabi'ah transmitted it to me from you. He said: If Rabi'ah transmitted it to you from me, then retransmit it from Rabi'ah on my authority.
The Messenger of Allah (ﷺ) sent an army to Banu al-Anbar. They captured them at Rukbah in the suburbs of at-Ta'if and drove them to the Holy Prophet (ﷺ).
I rode hurriedly to the Holy Prophet (ﷺ) and said: Peace be on you, Messenger of Allah, and the mercy of Allah and His blessings. Your contingent came to us and arrested us, but we had already embraced Islam and cut the sides of the ears of our cattle.
When Banu al-Anbar arrived, the Holy Prophet (ﷺ) said to me: Have you any evidence that you had embraced Islam before you were captured today?
I said: Yes. He said: Who is your witness? I said: Samurah, a man from Banu al-Anbar, and another man whom he named. The man testified but Samurah refused to testify. The Holy Prophet (ﷺ) said: He (Samurah) has refused to testify for you, so take an oath with your other witness. I said: Yes. He then dictated an oath to me and I swore to the effect that we had embraced Islam on a certain day, and that we had cut the sides of the ears of the cattle.
The Holy Prophet (ﷺ) said: Go and divide half of their property, but do not touch their children. Had Allah not disliked the wastage of action, we should not have taxed you even a rope.
Zubayb said: My mother called me and said: This man has taken my mattress. I then went to the Holy Prophet (ﷺ) and informed him.
He said to me: Detain him. So I caught him with a garment around his neck, and stood there with him . Then the Holy Prophet (ﷺ) looked at us standing there. He asked: What do you intend (doing) with your captive?
I said: I shall let him go free if he returns to this (man) the mattress of his mother which he has taken from her.
He said: Prophet of Allah (ﷺ), I no longer have it.
He said: The Holy Prophet (ﷺ) took the sword of the man and gave it to me, and said to him: Go and give him some sa's of cereal. So he gave me some sa's of barley.
Chapter 7: Regarding the Judges judge when he is mistaken
"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.
Umar said while he was (sitting) on the pulpit: O people, the opinion from the Messenger of Allah (ﷺ) was right, because Allah showed (i.e. inspired) him; but from us it is sheer conjecture and artifice.
Chapter 8: How should the disputants sit before the judge
The Messenger of Allah (ﷺ) gave the decision that the two adversaries should be made to sit in front of the judge.