Judgments (Ahkaam)

كتاب الأحكام

Chapter 40: The translators of a ruler

Kharija bin Zaid bin Thabit said that Zaid bin Thabit said, "The Prophet (ﷺ) ordered me to learn the writing of the Jews. I even wrote letters for the Prophet (ﷺ) (to the Jews) and also read their letters when they wrote to him."And 'Umar said in the presence of 'Ali, 'Abdur-Rahman, and 'Uthman, "What is this woman saying?" (the woman was non-Arab) 'Abdur-Rahman bin Hatib said

Abu Jamra said, "I was an interpreter between Ibn 'Abbas and the people." Some people said, "A ruler should have two interpreters."

Chapter 41: The ruler calling his employees to account

Narrated Abu Humaid As-Sa`idi

The Prophet (ﷺ) employed Ibn Al-Utbiyya to collect Zakat from Bani Sulaim, and when he returned (with the money) to Allah's Messenger (ﷺ) the Prophet (ﷺ) called him to account, and he said, "This (amount) is for you, and this was given to me as a present." Allah's Messenger (ﷺ) said, "Why don't you stay at your father's house or your mother's house to see whether you will be given gifts or not, if you are telling the truth?" Then Allah's Messenger (ﷺ) stood up and addressed the people, and after glorifying and praising Allah, he said: Amma Ba'du (then after) I employ some men from among you for some job which Allah has placed in my charge, and then one of you comes to me and says, 'This (amount) is for you and this is a gift given to me.' Why doesn't he stay at the house of his father or the house of his mother and see whether he will be given gifts or not if he was telling the truth by Allah, none of you takes anything of it (i.e., Zakat) for himself (Hisham added: unlawfully) but he will meet Allah on the Day of Resurrection carrying it on his neck! I do not want to see any of you carrying a grunting camel or a mooing cow or a bleating sheep on meeting Allah." Then the Prophet (ﷺ) raised both his hands till I saw the whiteness of his armpits, and said, "(No doubt)! Haven't I conveyed Allah's Message!"

Chapter 43: How do the people give the Bai'a to the Imam

Narrated 'Ubada bin As-Samit

We gave the oath of allegiance to Allah's Messenger (ﷺ) that we would listen to and obey him both at the time when we were active and at the time when we were tired and that we would not fight against the ruler or disobey him, and would stand firm for the truth or say the truth wherever we might be, and in the Way of Allah we would not be afraid of the blame of the blamers. (See Hadith No. 178 and 320)

Narrated Anas

The Prophet (ﷺ) went out on a cold morning while the Muhajirin (emigrants) and the Ansar were digging the trench. The Prophet (ﷺ) then said, "O Allah! The real goodness is the goodness of the Here after, so please forgive the Ansar and the Muhajirin." They replied, "We are those who have given the Pledge of allegiance to Muhammad for to observe Jihad as long as we remain alive."

Narrated Yazid

I said to Salama, "For what did you give the Pledge of allegiance to the Prophet (ﷺ) on the Day of Hudaibiya?" He replied, "For death."

Narrated Al-Miswar bin Makhrama

The group of people whom `Umar had selected as candidates for the Caliphate gathered and consulted each other. `Abdur-Rahman said to them, "I am not going to compete with you in this matter, but if you wish, I would select for you a caliph from among you." So all of them agreed to let `Abdur-Rahman decide the case. So when the candidates placed the case in the hands of `Abdur-Rahman, the people went towards him and nobody followed the rest of the group nor obeyed any after him. So the people followed `Abdur-Rahman and consulted him all those nights till there came the night we gave the oath of allegiance to `Uthman. Al-Miswar (bin Makhrama) added: `Abdur-Rahman called on me after a portion of the night had passed and knocked on my door till I got up, and he said to me, "I see you have been sleeping! By Allah, during the last three nights I have not slept enough. Go and call Az-Zubair and Sa`d.' So I called them for him and he consulted them and then called me saying, 'Call `Ali for me." I called `Ali and he held a private talk with him till very late at night, and then 'Al, got up to leave having had much hope (to be chosen as a Caliph) but `Abdur-Rahman was afraid of something concerning `Ali. `Abdur-Rahman then said to me, "Call `Uthman for me." I called him and he kept on speaking to him privately till the Mu'adh-dhin put an end to their talk by announcing the Adhan for the Fajr prayer. When the people finished their morning prayer and that (six men) group gathered near the pulpit, `Abdur-Rahman sent for all the Muhajirin (emigrants) and the Ansar present there and sent for the army chief who had performed the Hajj with `Umar that year. When all of them had gathered, `Abdur- Rahman said, "None has the right to be worshipped but Allah," and added, "Now then, O `Ali, I have looked at the people's tendencies and noticed that they do not consider anybody equal to `Uthman, so you should not incur blame (by disagreeing)." Then `Abdur-Rahman said (to `Uthman), "I gave the oath of allegiance to you on condition that you will follow Allah's Laws and the traditions of Allah's Apostle and the traditions of the two Caliphs after him." So `Abdur-Rahman gave the oath of allegiance to him, and so did the people including the Muhajirin (emigrants) and the Ansar and the chiefs of the army staff and all the Muslims.

Chapter 46: The Bai'a of a child

Narrated `Abdullah bin Hisham

who was born during the lifetime of the Prophet (ﷺ) that his mother, Zainab bint Humaid had taken him to Allah's Messenger (ﷺ) and said, "O Allah's Messenger (ﷺ)! Take his Pledge of allegiance (for Islam)." The Prophet (ﷺ) said, "He (`Abdullah bin Hisham) is a little child," and passed his hand over his head and invoked Allah for him. `Abdullah bin Hisham used to slaughter one sheep as a sacrifice on behalf of all of his family.

Chapter 51: The appointment of a caliph

Narrated Tariq bin Shihab

Abu Bakr said to the delegate of Buzakha. "Follow the tails of the camels till Allah shows the Caliph (successor) of His Prophet and Al-Muhajirin (emigrants) something because of which you may excuse yourselves."

Chapter 52

Narrated Jabir bin Samura

I heard the Prophet (ﷺ) saying, "There will be twelve Muslim rulers (who will rule all the Islamic world)." He then said a sentence which I did not hear. My father said, "All of them (those rulers) will be from Quraish."

Chapter 53: The expulsion of quarrelsome people from houses

And Omar was brought out by the sister of Abu Bakr when she was.
Narrated Abu Huraira

Allah's Messenger (ﷺ) said, "By Him in Whose Hands my life is, I was about to order for collecting fire wood and then order someone to pronounce the Adhan for the prayer and then order someone to lead the people in prayer and then I would go from behind and burn the houses of men who did not present themselves for the (compulsory congregational) prayer. By Him in Whose Hands my life is, if anyone of you had known that he would receive a bone covered with meat or two (small) pieces of meat present in between two ribs, he would come for `Isha' prayer." (See Hadith No. 617, Vol. 1)

Chapter 54: To forbid the criminals and sinners to talk to or visit the ruler

Narrated `Abdullah bin Ka`b bin Malik

Who was Ka`b's guide from among his sons when Ka`b became blind: I heard Ka`b bin Malik saying, "When some people remained behind and did not join Allah's Messenger (ﷺ) in the battle of Tabuk.." and then he described the whole narration and said, "Allah's Messenger (ﷺ) forbade the Muslims to speak to us, and so we (I and my companions) stayed fifty nights in that state, and then Allah's Messenger (ﷺ) announced Allah's acceptance of our repentance."

Chapter 28: Judgement against an absent person

Narrated `Aisha

Hind (bint `Utba) said to the Prophet (ﷺ) "Abu Sufyan is a miserly man and I need to take some money of his wealth." The Prophet (ﷺ) said, "Take reasonably what is sufficient for you and your children "

Chapter 30: Judgement regarding cases involving wells, etc.

Narrated `Abdullah

The Prophet (ﷺ) said, "If somebody on the demand of a judge takes an oath to grab (a Muslim's) property and he is liar in it, he will meet Allah Who will be angry with him". So Allah revealed,:-- 'Verily! those who purchase a small gain at the cost of Allah's Covenant and their oaths..' (3.77) 'Al- Ashath came while `Abdullah was narrating (this) to the people. Al-Ashath said, "This verse was revealed regarding me and another man with whom I had a quarrel about a well. The Prophet (ﷺ) said (to me), "Do you have any evidence?' I replied, 'No.' He said, 'Let your opponent take an oath.' I said: I am sure he would take a (false) oath." Thereupon it was revealed: 'Verily! those who purchase a small gain at the cost of Allah's Covenant....' (3.77) (See Hadith No. 72, Vol 6).

Chapter 33: Slanders made by ignorant people against the Amirs

Narrated Ibn `Umar

Allah's Messenger (ﷺ) sent an army unit headed by Usama bin Zaid and the people criticized his leadership. The Prophet (ﷺ) said (to the people), "If you are criticizing his leadership now, then you used to criticize his father's leadership before. By Allah, he (Usama's father) deserved the leadership and used to be one of the most beloved persons to me, and now his son (Usama) is one of the most beloved persons to me after him. " (See Hadith No. 745, Vol. 5)

Chapter 39: To send one man only to manage certain affairs

Narrated Abu Huraira and Zaid bin Khalid Al-Juhani

A bedouin came and said, "O Allah's Messenger (ﷺ)! Judge between us according to Allah's Book (Laws)." His opponent stood up and said, "He has said the truth, so judge between us according to Allah's Laws." The bedouin said, "My son was a laborer for this man and committed illegal sexual intercourse with his wife. The people said to me, 'Your son is to be stoned to death,' so I ransomed my son for one hundred sheep and a slave girl. Then I asked the religious learned men and they said to me, 'Your son has to receive one hundred lashes plus one year of exile.' " The Prophet (ﷺ) said, "I shall judge between you according to Allah's Book (Laws)! As for the slave girl and the sheep, it shall be returned to you, and your son shall receive one-hundred lashes and be exiled for one year. O you, Unais!" The Prophet (ﷺ) addressed some man, "Go in the morning to the wife of this man and stone her to death." So Unais went to her the next morning and stoned her to death.

Chapter 43: How do the people give the Bai'a to the Imam

Narrated Jabir bin `Abdullah

I gave the Pledge of allegiance to the Prophet (ﷺ) that I would listen and obey, and he told me to add: 'As much as I can, and will give good advice to every Muslim.'

Narrated `Abdullah bin Dinar

When the people took the oath of allegiance to `Abdul Malik, `Abdullah bin `Umar wrote to him: "To Allah's Slave, `Abdul Malik, Chief of the believers, I give the Pledge of allegiance that I will listen to and obey Allah's Slave, `Abdul Malik, Chief of the believers, according to Allah's Laws and the Traditions of His Apostle in whatever is within my ability; and my sons too, give the same pledge."

Chapter 44: Whosoever gave the Bai'a twice

Narrated Salama

We gave the oath of allegiance to the Prophet (ﷺ) under the tree. He said to me, "O Salama! Will you not give the oath of allegiance?" I replied, "O Allah's Messenger (ﷺ)! I have already given the oath of allegiance for the first time." He said, (Give it again) for the second time.

Chapter 47: Whoever gave the Bai'a and then cancelled it

Narrated Jabir bin `Abdullah

A bedouin gave the Pledge of allegiance to Allah's Messenger (ﷺ) for Islam. Then the bedouin got fever at Medina, came to Allah's Messenger (ﷺ) and said, "O Allah's Messenger (ﷺ)! Cancel my Pledge," But Allah's Apostle refused. Then he came to him (again) and said, "O Allah's Messenger (ﷺ)! Cancel my Pledge." But the Prophet (ﷺ) refused Then he came to him (again) and said, "O Allah's Messenger (ﷺ)! Cancel my Pledge." But the Prophet (ﷺ) refused. The bedouin finally went out (of Medina) whereupon Allah's Messenger (ﷺ) said, "Medina is like a pair of bellows (furnace): It expels its impurities and brightens and clears its good.

Chapter 51: The appointment of a caliph

Narrated Jubair bin Mut`im

A woman came to the Prophet (ﷺ) and spoke to him about something and he told her to return to him. She said, "O Allah's Messenger (ﷺ)! If I come and do not find you?" (As if she meant, "...if you die?") The Prophet said, "If you should not find me, then go to Abu Bakr."