Sahih al-Bukhari

Witnesses

كتاب الشهادات

Chapter 1: What is said regarding the rule that the plaintiff has to produce a proof

The Statement of Allah تعالى: “O you who believe! When you contract a debt for a fixed period, write it down…” (V.2:282)

And the Statement of Allah جل جلاله: “O you who believe! Stand out firmly for justice, as witnesses to Allah… (to the end of the verse) Ever Well-Acquainted with what you do.” (V.4:135)

Chapter 2: If a person attests the honouroable record of a witness

Sahih al-Bukhari 2637
Narrated `Urwa bin Al-Musaiyab Alqama bin Waqqas and Ubaidullah bin `Abdullah

About the story of `Aisha and their narrations were similar attesting each other, when the liars said what they invented about `Aisha, and the Divine Inspiration was delayed, Allah's Messenger (ﷺ) sent for `Ali and Usama to consult them in divorcing his wife (i.e. `Aisha). Usama said, "Keep your wife, as we know nothing about her except good." Barirah said, "I cannot accuse her of any defect except that she is still a young girl who sleeps, neglecting her family's dough which the domestic goats come to eat (i.e. she was too simpleminded to deceive her husband)." Allah's Messenger (ﷺ) said, "Who can help me to take revenge over the man who has harmed me by defaming the reputation of my family? By Allah, I have not known about my family-anything except good, and they mentioned (i.e. accused) a man about whom I did not know anything except good."

Chapter 3: The witness of an eavesdropper

'Amr bin Huraith allowed such a witness and said, "This is the way to be followed to discover the reality of an evil person." Ibn Sirin, 'Ata and Qatada said, "A witness can be based on hearing only (i.e., even if the hearer does not see the speaker.)" Al-Hasan used to say at the time of giving evidence, "They did not make me a witness but I heard such and such."

Sahih al-Bukhari 2638
Narrated `Abdullah bin `Umar

Allah's Messenger (ﷺ) and Ubai bin Ka`b Al-Ansari went to the garden where Ibn Saiyad used to live. When Allah's Messenger (ﷺ) entered (the garden), he (i.e. Allah's Messenger (ﷺ) ) started hiding himself behind the date108 palms as he wanted to hear secretly the talk of Ibn Saiyad before the latter saw him. Ibn Saiyad wrapped with a soft decorated sheet was lying on his bed murmuring. Ibn Saiyad's mother saw the Prophet hiding behind the stems of the date-palms. She addressed Ibn Saiyad saying, "O Saf, this is Muhammad." Hearing that Ibn Saiyad stopped murmuring (or got cautious), the Prophet (ﷺ) said, "If she had left him undisturbed, he would have revealed his reality." (See Hadith No. 290, Vol 4 for details)

Sahih al-Bukhari 2639
Narrated Aisha

The wife of Rifa`a Al-Qurazi came to the Prophet (ﷺ) and said, "I was Rifa`a's wife, but he divorced me and it was a final irrevocable divorce. Then I married `Abdur-Rahman bin Az-Zubair but he is impotent." The Prophet (ﷺ) asked her 'Do you want to remarry Rifa`a? You cannot unless you had a complete sexual relation with your present husband." Abu Bakr was sitting with Allah's Messenger (ﷺ) and Khalid bin Sa`id bin Al-`As was at the door waiting to be admitted. He said, "O Abu Bakr! Do you hear what this (woman) is revealing frankly before the Prophet (ﷺ) ?"

Chapter 4: When a witness or witnesses give an evidence

A-Humaidi said, "This (judgement) was adopted when Bilal said that the Prophet ﷺ had offered Salat (prayer) inside the Ka'bah while Al-Fadl said that he had not offered Salat, so the people accepted Bilal’s assertion. Similarly, if two persons give witness that such a person owes another one thousand Dirham, but two other witnesses state that he owes him one thousand and five hundred Dirham then the judgement will be based on the higher amount."

Sahih al-Bukhari 2640
Narrated `Abdullah bin Abu Mulaika from `Uqba bin Al-Harith

`Uqba married the daughter of Abu Ihab bin `Aziz, and then a woman came and said, "I suckled `Uqba and his wife." `Uqba said to her, "I do not know that you have suckled me, and you did not inform me." He then sent someone to the house of Abu Ihab to inquire about that but they did not know that she had suckled their daughter. Then `Uqba went to the Prophet (ﷺ) in Medina and asked him about it. The Prophet (ﷺ) said to him, "How (can you keep your wife) after it has been said (that both of you were suckled by the same woman)?" So, he divorced her and she was married to another (husband).

Chapter 5: The just witnesses

And the Statement of Allah تعالى:

"And take as witness two just persons from among you (Muslims)..." (V.65:2)

"... such as you agree for witnesses..." (V.2:282)

Sahih al-Bukhari 2641
Narrated `Umar bin Al-Khattab

People were (sometimes) judged by the revealing of a Divine Inspiration during the lifetime of Allah's Apostle but now there is no longer any more (new revelation). Now we judge you by the deeds you practice publicly, so we will trust and favor the one who does good deeds in front of us, and we will not call him to account about what he is really doing in secret, for Allah will judge him for that; but we will not trust or believe the one who presents to us with an evil deed even if he claims that his intentions were good.

Chapter 6: How many witnesses are sufficient to attest

Sahih al-Bukhari 2642
Narrated Anas

A funeral procession passed in front of the Prophet (ﷺ) and the people praised the deceased. The Prophet (ﷺ) said, "It has been affirmed (Paradise)." Then another funeral procession passed by and the people talked badly of the deceased. The Prophet (ﷺ) said, "It has been affirmed (Hell)." Allah's Messenger (ﷺ) was asked, "O Allah's Messenger (ﷺ)! You said it has been affirmed for both?" The Prophet (ﷺ) said, "The testimony of the people (is accepted), (for) the believer are Allah's witnesses on the earth."

Sahih al-Bukhari 2643
Narrated Abu Al-Aswad

Once I went to Medina where there was an outbreak of disease and the people were dying rapidly. I was sitting with `Umar and a funeral procession passed by. The people praised the deceased. `Umar said, "It has been affirmed" (Paradise). Then another funeral procession passed by. The people praised the deceased. `Umar said, "It has been affirmed." (Paradise). Then another funeral procession passed by. The people praised the deceased. `Umar said, "It has been affirmed (Paradise)." Then a third funeral procession passed by and the people talked badly of the deceased. `Umar said, "It has been affirmed (Hell)." I asked `Umar, "O chief of the believers! What has been affirmed?" He said, "I have said what the Prophet (ﷺ) said. He said, 'Allah will admit into paradise any Muslim whose good character is attested by four persons.' We asked the Prophet, 'If there were three witnesses only?' He said, 'Even three.' We asked, 'If there were two only?' He said, 'Even two.' But we did not ask him about one witness."

Chapter 7: To give witness concerning lineage, foster suckling relations and dead persons

The Prophet ﷺ said, "I and Abu Salama were suckled by Thuwaiba."

The necessity of being sure of the witness in such cases.

Sahih al-Bukhari 2644
Narrated Aisha

Aflah asked the permission to visit me but I did not allow him. He said, "Do you veil yourself before me although I am your uncle?" `Aisha said, "How is that?" Aflah replied, "You were suckled by my brother's wife with my brother's milk." I asked Allah's Messenger (ﷺ) about it, and he said, "Aflah is right, so permit him to visit you."

Sahih al-Bukhari 2645
Narrated Ibn `Abbas

The Prophet (ﷺ) said about Hamza's daughter, "I am not legally permitted to marry her, as foster relations are treated like blood relations (in marital affairs). She is the daughter of my foster brother."

Sahih al-Bukhari 2646
Narrated `Amra bint `Abdur-Rahman

That `Aisha the wife of the Prophet (ﷺ) told her uncle that once, while the Prophet (ﷺ) was in her house, she heard a man asking Hafsa's permission to enter her house. `Aisha said, "I said, 'O Allah's Messenger (ﷺ)! I think the man is Hafsa's foster uncle.' " `Aisha added, "O Allah's Messenger (ﷺ)! There is a man asking the permission to enter your house." Allah's Messenger (ﷺ) replied, "I think the man is Hafsa's foster uncle." `Aisha said, "If so-and-so were living (i.e. her foster uncle) would he be allowed to visit me?" Allah's Apostle said, "Yes, he would, as the foster relations are treated like blood relations (in marital affairs).

Sahih al-Bukhari 2647
Narrated Aisha

Once the Prophet (ﷺ) came to me while a man was in my house. He said, "O `Aisha! Who is this (man)?" I replied, "My foster brothers" He said, "O `Aisha! Be sure about your foster brothers, as fostership is only valid if it takes place in the suckling period (before two years of age).

Chapter 8: The witness of a person falsely accusing somebody of illegal sexual intercourse and the witness of a thief or an adulterer

The Statement of Allah عز وجل: "... And reject their testimony forever, they indeed are the Fasiqun (liars, rebellious, disobedient to Allah). Except those who repent thereafter and do righteous deeds..." (V.24:4,5)

Umar gave legal punishment of scourging to Abu Bakra, Shibl bin Ma'bad and Nafi' for accusing Al-Mughira for illegal sexual intercourse falsely, and then they were made to repent and he said that whoever repented, his witness would be accepted (in the future). Abdullah bin 'Utba, 'Umar bin 'Abdul Aziz, Sa'id bin Jubair, Tawus, Mujahid, Ash-Sha'bi, 'Ikrima, Az-Zuhri, Muharib bin Dithar, Shuraih and Mu'awiya bin Qurra considered it permissible (i.e., the witness of the false accusers after being punished). Abu Az-Zinad said, "Our verdict in Al-Madina is that, if the false accuser (of others of illegal sexual intercourse) withdraws the accusation and repents, then his (future) witness is acceptable." Ash-Sha'bi and Qatada said, "If he tells that he has told a lie, the punishment will be instituted against him, but his (future) witness will be accepted."

Ath-Thauri said, "If a slave is scourged (for falsely accusing others of illegal sexual intercourse) and later on he is manumitted, then his (future) witness is to be accepted. If somebody who has received such punishment is made a judge, his decisions will be valid."

Some people said, "The witness of a false-accuser is not to be accepted even if he repented." They added: "The marriage is not legal unless it is witnessed by two witnesses; it is permissible that the two witnesses can be those who have received such punishments, but the slaves are not to be accepted as witnesses to marriage." He accepts the witness of the person who has received the punishment (for falsely accusing others of illegal sexual intercourse) and the witness of a male slave and a female slave concerning the appearance of the new moon (i.e., crescent) (of the month of fasting etc.). How to know the repentance of a person who has received the punishment of false accusation and no doubt, the Prophet ﷺ kept an adulterer in exile for a year. The Prophet ﷺ did not allow anybody to talk to Ka'b bin Malik and his two companions for fifty days.

Sahih al-Bukhari 2648
Narrated `Urwa bin Az-Zubair

A woman committed theft in the Ghazwa of the Conquest (of Mecca) and she was taken to the Prophet who ordered her hand to be cut off. `Aisha said, "Her repentance was perfect and she was married (later) and used to come to me (after that) and I would present her needs to Allah's Messenger (ﷺ)."

Sahih al-Bukhari 2649
Narrated Zaid bin Khalid

Allah's Messenger (ﷺ) ordered that an unmarried man who committed illegal sexual intercourse be scourged one hundred lashes and sent into exile for one year.

Chapter 9: Do not be a witness for injustice, if asked for that

Sahih al-Bukhari 2650
Narrated An-Nu`man bin Bashir

My mother asked my father to present me a gift from his property; and he gave it to me after some hesitation. My mother said that she would not be satisfied unless the Prophet (ﷺ) was made a witness to it. I being a young boy, my father held me by the hand and took me to the Prophet (ﷺ) . He said to the Prophet, "His mother, bint Rawaha, requested me to give this boy a gift." The Prophet (ﷺ) said, "Do you have other sons besides him?" He said, "Yes." The Prophet (ﷺ) said, "Do not make me a witness for injustice." Narrated Ash-Shu`bi that the Prophet (ﷺ) said, "I will not become a witness for injustice."

Sahih al-Bukhari 2651
Narrated Zahdam bin Mudrab

I heard `Imran bin Husain saying, "The Prophet (ﷺ) said, 'The best people are those living in my generation, then those coming after them, and then those coming after (the second generation)." `Imran said "I do not know whether the Prophet (ﷺ) mentioned two or three generations after your present generation. The Prophet (ﷺ) added, 'There will be some people after you, who will be dishonest and will not be trustworthy and will give witness (evidences) without being asked to give witness, and will vow but will not fulfill their vows, and obesity will appear among them."

Sahih al-Bukhari 2652
Narrated `Abdullah

The Prophet (ﷺ) said, "The people of my generation are the best, then those who follow them, and then whose who follow the latter. After that there will come some people whose witness will go ahead of their oaths, and their oaths will go ahead of their witness." Ibrahim (a sub-narrator) said, "We used to be beaten for taking oaths by saying, 'I bear witness by the Name of Allah or by the Covenant of Allah."

Chapter 10: False witness

In respect of the Saying of Allah تعالى:

"And those who do not bear witness to falsehood…" (V.25:72)

What is said about hiding or concealing evidences, as Allah تعالى says:

"… And conceal not the evidence for he, who hides it, surely his heart is sinful. And Allah is All-Knower of what you do." (V.2:283)

"… And if you distort your witness (V.4:135) means 'distort your witness with your tongues…'"

Sahih al-Bukhari 2653
Narrated Anas

The Prophet (ﷺ) was asked about the great sins He said, "They are:-- (1 ) To join others in worship with Allah, (2) To be undutiful to one's parents. (3) To kill a person (which Allah has forbidden to kill) (i.e. to commit the crime of murdering). (4) And to give a false witness."

Sahih al-Bukhari 2654
Narrated Abu Bakra

The Prophet (ﷺ) said thrice, "Should I inform you out the greatest of the great sins?" They said, "Yes, O Allah's Messenger (ﷺ)!" He said, "To join others in worship with Allah and to be undutiful to one's parents." The Prophet (ﷺ) then sat up after he had been reclining (on a pillow) and said, "And I warn you against giving a false witness, and he kept on saying that warning till we thought he would not stop. (See Hadith No. 7, Vol. 8)