Witnesses
كتاب الشهادات
Chapter 1: The plaintiff has to produce a proof
Chapter 2: If a person attests the honouroable record of a witness
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
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)
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
`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
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
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."
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
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."
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."
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).
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
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)."
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
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."
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."
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
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."
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)