The Office of the Judge (Kitab Al-Aqdiyah)

كتاب الأقضية

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 21: Judgement on the basis of oath and one 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).

Chapter 22: Two men who claim something but have no proof

Narrated AbuMusa al-Ash'ari

Two men claimed a camel or an animal and brought the case to the Holy Prophet (ﷺ). But as neither of them produced any proof, the Holy Prophet (ﷺ) declared that they should share it equally.

The tradition mentioned above has also been transmitted by sa’id b. ‘Urubah through the chain as narrated by Ibn Minhal. This version has

About an animal and they had no proof. So the Messenger of Allah (ﷺ) ordered to cast lots about the oath.

Chapter 31: Regarding judicial matters

Narrated AbuHurayrah

The Prophet (ﷺ) said: If you dispute over a pathway, leave the margin of seven yards.

'Amr bin Shu'aib on his father's authority said that his grandfather told that the Messenger of Allah (ﷺ) decided regarding the stream al-Mahzur that its water should be held back till it reached the ankles, and that the upper waters should then be allowed to flow to the lower.

Chapter 22: Two men who claim something but have no proof

Narrated AbuHurayrah

Two men disputed about some property and brought the case to the Holy Prophet (ﷺ), but neither of them could produce any proof. So the Holy Prophet (ﷺ) said: Cast lots about the oath whatever it may be, whether they like it or dislike it.

Abu hurairah reported the holy prophet (peace be upon him) as saying

When two men dislike the oath or like it,lots will be cost about it. Salamah said on the authority of Ma’mar who said: when the two are compelled to take an oath.

Chapter 23: The defendent should swear on oath

Ibn Abi Mulaikah said

Ibn ‘Abbas wrote to me that the Messenger of Allah (ﷺ)had defendant should take an oath.

Chapter 27: How should a dhimmi be asked to swear an oath?

Abu Hurairah said

The holy Prophet (ﷺ) said to the Jew : I adjure you by Allah Who sent down the Torah to Moses ! do you not find in the Torah(a rule about a man) who commits adultery. He then narrated the rest of the tradition relating to the stoning.

Chapter 29: Regarding a person in debt, should he be detained?

Narrated Grandfather of Hirmas ibn Habib

I brought my debtor to the Holy Prophet (ﷺ). He said to me: Stick to him. He again said to me: O brother of Banu Tamim, what do you want to do with your prisoner.

Bahz bin Hakim, on his father's authority, said that his grandfather told that the Prophet (ﷺ) imprisoned a man on suspicion.

Chapter 30: Regarding authorization

Narrated Jabir ibn Abdullah

I intended to go (on expedition) to Khaybar. So I came to the Holy Prophet (ﷺ), greeted him and said: I am intending to go to Khaybar. He said: When you come to my agent, you should take from him fifteen wasqs (of dates). If he asks you for a sign, then place your hand on his collar-bone.

Chapter 31: Regarding judicial matters

Abu Hurairah reported the Holy Prophet(ﷺ) as saying

Abu Dawud said:This is the tradition of Ibn Abi Khalaf is more perfect.

Narrated Tha'labah ibn AbuMalik

Tha'labah heard his elders say that a man from the Quraysh had his share with Banu Qurayzah (in water). He brought the dispute to the Messenger of Allah (ﷺ) about al-Mahzur, a stream whose water they shared together. The Messenger of Allah (ﷺ) then decided that when water reached the ankles waters should not be held back to flow to the lower.

Narrated AbuSa'id al-Khudri

Two men brought their dispute about the precincts of a palm-tree to the Messenger of Allah (ﷺ). According to a version of this tradition, he ordered to measure and it was measured. It was found seven yards. According to another version, it was found five yards. He made a decision according to that. AbdulAziz said: He ordered to measure with a branch of its branches. It was then measured.

Chapter 25: If a defendent is a dhimmi, should he swear on oath?

Al-Ash’ath b. Qais said

A Jew and I shared some land and he denied my right, so I took him to the holy prophet (ﷺ). The holy prophet (ﷺ) said to me: Have you have proof. I said: No. He then said to the Jew: Swear an oath I said Messenger of Allah,he will swear an oath and go off my property. So Allah sent down: “Those who barter for a small price Allah’s covenant and their oaths...." to the end of the verse.

Chapter 26: When a man swears an oath on a basis of what he knows and not on the basis of what he has witnessed

‘Alqamah b. Wa’il b. Hujr al-Hadrami said on the authority of the father

A man from Hadramaw and a man from kindah came to the Messenger of Allah (ﷺ). The hadrami said: Messenger of Allah, this (man) has seized land which belonged to my father. Al-Kindi said: That is my land in my possession and I cultivate it; he has no right to it. The Holy prophet (may be peace upon him) said to the Hadrami: Have you any proof? We said : No. he (the Prophet)said: Then he will swear an oath for you . He said: Messenger of Allah, he is a reprobate and he would not care to swear to anything and stick at nothing. He said: That is only your recourse

Chapter 27: How should a dhimmi be asked to swear an oath?

Narrated Ikrimah

The Holy Prophet (ﷺ) said to Ibn Suriya': I remind you by Allah Who saved you from the people of Pharaoh, made you cover the sea, gave you the shade of clouds, sent down to you manna and quails, sent down you Torah to Moses, do you find stoning (for adultery) in your Book? He said: You have reminded me by the Great. It is not possible for me to belie you. He then transmitted the rest of the tradition.