The Office of the Judge (Kitab Al-Aqdiyah)

كتاب الأقضية

Chapter 28: A man who swears to establish his right

Narrated Awf ibn Malik

The Holy Prophet (ﷺ) gave a decision between two men, and the one against whom the decision was given turned away and said: For me Allah sufficeth, and He is the best dispenser of affairs. The Holy Prophet (ﷺ) said: Allah, Most High, blames for falling short, but apply intelligence, and when the matter gets the better of you, say; For me Allah sufficeth, and He is the best disposer of affairs.

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

Narrated Ash-Sharid

The Prophet (ﷺ) said: Delay in payment on the part of one who possesses means makes it lawful to dishonour and punish him. Ibn al-Mubarak said that "dishonour" means that he may be spoken to roughly and "punish" means he may be imprisoned for it.

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

The tradition mentioned above has also been transmitted by Sa'id through a different chain of narrators to the same effect.

The tradition mentioned above has also been transmitted by Qatadah through a different chain of narrators to the effect that two men laid claim camel and both of them produced witness so the prophet (peace be upon him) divided it in halves between them.

Chapter 24: How the oath should be sworn

Narrated Abdullah ibn Abbas

The Holy Prophet (ﷺ) said to a man whom he asked to take an oath: Swear by Allah except whom there is no god that you have nothing belonging to him, i.e. the plaintiff.

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

Al-Ash’ath b. Qais said

A men from Kindah and a men from Hadramawt came to the Holy Prophet(ﷺ)with their dispute about a land in the Yemen. The Hadrami said:Messenger of Allah, the this (man)had usurped land belonging to me, and it is his possession. He asked: Have you any proof ?He replied:No, but I can have him swear on oath. Allah knows that it is my land, and father seized it from me. The Kindi was prepared to take oath. He then narrated the rest of the tradition.

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

The tradition mentioned above has also been transmitted by al-Zuhri through a different chain of narrator. This version has

A man from Muzainah who followed the knowledge and memorized it to me that sa’id b.al-Musayyab transmitted it. He then mentioned the rest of the tradition to the same effect.

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

Bahz ibn Hakim reported from his grandfather

(Mu'ammal did not mention the words "He was giving sermon.")

Chapter 31: Regarding judicial matters

Narrated AbuSirmah

The Prophet (ﷺ) said: If anyone harms (others), Allah will harm him, and if anyone shows hostility to others, Allah will show hostility to him.

Abu Ja'far Muhammad bin 'Ali reported from Samurah ibn Jundub that he had a row of palm-trees in the garden of a man of the Ansar. The man had his family with him. Samurah used to visit his palm-trees, and the man was annoyed by that and felt it keenly. So he asked him (Samurah) to sell them to him, but he refused. He then asked him to take something else in exchange, but he refused. So he came to the Holy Prophet (ﷺ) and mentioned it to him. The Holy Prophet (ﷺ) asked him to sell it to him, but he refused. He asked him to take something else in exchange, but he refused. He then said

Give it to him and you can have such and such, mentioning something with which he tried to please him, but he refused. He then said: You are a nuisance. The Messenger of Allah (ﷺ) then said to the Ansari: Go and uproot his palm-trees.

Narrated Abdullah ibn az-Zubayr

A man disputed with az-Zubayr about streamlets in the lava plain which was irrigated by them. The Ansari said: Release the water and let it run, but az-Zubayr refused. The Holy Prophet (ﷺ) said to az-Zubayr: Water (your ground), Zubayr, then let the water run to your neighbour. The Ansari then became angry and said: Messenger of Allah! it is because he is your cousin! Thereupon the face of the Messenger of Allah (ﷺ) changed colour and he said: Water (your ground), then keep back the water till it returns to the embankment. Az-Zubayr said: By Allah! I think this verse came down about that: "But no , by thy Lord! they can have no (real) faith, until they make thee judge....."