Witnesses

كتاب الشهادات

Chapter 11: The witness of a blind man, his marriage, his affairs

His testimony was sanctioned by Qasim, al-Hassan, Ibn Sirin, al-Zuhri and 'Ataa. The popular said his testimony is permissible if he is sane. The judgment said that the Lord of something is permissible in it. Al-Zuhri said, "Have you seen Ibn 'Abbas, if he had testified to the testimony of a testimony, would you have rejected him?" Ibn 'Abbas used to send a man when the sun went down to break the fast, and he would ask about the dawn, and if he was told, he would break the fast. He prayed two rak'ahs. Sulayman ibn Yasar said, I asked permission for 'Aisha, and I recognized my voice, and Sulayman said, 'Come in, for you are owned as long as you have anything left.' Samra bin Jundub authorized the testimony of a veiled woman.
Narrated `Aisha

The Prophet (ﷺ) heard a man (reciting Qur'an) in the Mosque, and he said, "May Allah bestow His Mercy upon him. No doubt, he made me remember such-and such Verses of such-and-such Sura which I dropped (from my memory). Narrated Aisha: The Prophet (ﷺ) performed the Tahajjud prayer in my house, and then he heard the voice of `Abbad who was praying in the Mosque, and said, "O `Aisha! Is this `Abbad's voice?" I said, "Yes." He said, "O Allah! Be merciful to `Abbad!"

Narrated `Abdullah bin `Umar

The Prophet (ﷺ) said, "Bilal pronounces the Adhan when it is still night (before dawn), so eat and drink till the next Adhan is pronounced (or till you hear Ibn Um Maktum's Adhan)." Ibn Um Maktum was a blind man who would not pronounce the Adhan till he was told that it was dawn.

Narrated Al-Miswar bin Makhrama

Some outer garments were received the Prophet (ﷺ) and my father (Makhrama) said to me, "Let us go to the Prophet (ﷺ) so that he may give us something from the garments." So, my father stood at the door and spoke. The Prophet (ﷺ) recognized his voice and came out carrying a garment and telling Makhrama the good qualities of that garment, adding, "I have kept this for you, I have sent this for you."

Chapter 12: The witness of women

And the Almighty says: "If they are not two men, then a man and two women."
Narrated Abu Sa`id Al-Khudri

The Prophet (ﷺ) said, "Isn't the witness of a woman equal to half of that of a man?" The women said, "Yes." He said, "This is because of the deficiency of a woman's mind."

Chapter 13: The witness of male and female slaves

Anas said the testimony of a slave is permissible if it is just. Shurayh and Zarara ibn Awfa permitted him. Ibn Sirin said his testimony is permissible, except the slave to his master. Al-Hasan and Ibrahim permitted him in the trivial thing. Shurayh said, "All of you are sons of slaves and slaves."
Narrated `Uqba bin Al-Harith

That he had married Um Yahya bint Abu Ihab. He said. "A black slave-lady came and said, 'I suckled you both.' I then mentioned that to the Prophet (ﷺ) who turned his face aside." `Uqba further said, "I went to the other side and told the Prophet (ﷺ) about it. He said, 'How can you (keep her as your wife) when the lady has said that she suckled both of you (i.e. you and your wife?)" So, the Prophet (ﷺ) ordered him to divorce her.

Chapter 14: The witness of a wet nurse

Narrated `Uqba bin Al-Harith

I married a woman and later on a woman came and said, "I suckled you both." So, I went to the Prophet (to ask him about it). He said, "How can you (keep her as a wife) when it has been said (that you were foster brother and sister)? Leave (divorce) her.

Chapter 15: The women attesting each other

Narrated Aisha

(the wife of the Prophet) "Whenever Allah's Messenger (ﷺ) intended to go on a journey, he would draw lots amongst his wives and would take with him the one upon whom the lot fell. During a Ghazwa of his, he drew lots amongst us and the lot fell upon me, and I proceeded with him after Allah had decreed the use of the veil by women. I was carried in a Howdah (on the camel) and dismounted while still in it. When Allah's Messenger (ﷺ) was through with his Ghazwa and returned home, and we approached the city of Medina, Allah's Messenger (ﷺ) ordered us to proceed at night. When the order of setting off was given, I walked till I was past the army to answer the call of nature. After finishing I returned (to the camp) to depart (with the others) and suddenly realized that my necklace over my chest was missing. So, I returned to look for it and was delayed because of that. The people who used to carry me on the camel, came to my Howdah and put it on the back of the camel, thinking that I was in it, as, at that time, women were light in weight, and thin and lean, and did not use to eat much. So, those people did not feel the difference in the heaviness of the Howdah while lifting it, and they put it over the camel. At that time I was a young lady. They set the camel moving and proceeded on. I found my necklace after the army had gone, and came to their camp to find nobody. So, I went to the place where I used to stay, thinking that they would discover my absence and come back in my search. While in that state, I felt sleepy and slept. Safwan bin Mu'attal As-Sulami Adh-Dhakwani was behind the army and reached my abode in the morning. When he saw a sleeping person, he came to me, and he used to see me before veiling. So, I got up when I heard him saying, "Inna lil-lah-wa inn a ilaihi rajiun (We are for Allah, and we will return to Him)." He made his camel knell down. He got down from his camel, and put his leg on the front legs of the camel and then I rode and sat over it. Safwan set out walking, leading the camel by the rope till we reached the army who had halted to take rest at midday. Then whoever was meant for destruction, fell into destruction, (some people accused me falsely) and the leader of the false accusers was `Abdullah bin Ubai bin Salul. After that we returned to Medina, and I became ill for one month while the people were spreading the forged statements of the false accusers. I was feeling during my ailment as if I were not receiving the usual kindness from the Prophet (ﷺ) which I used to receive from him when I got sick. But he would come, greet and say, 'How is that (girl)?' I did not know anything of what was going on till I recovered from my ailment and went out with Um Mistah to the Manasi where we used to answer the call of nature, and we used not to go to answer the call of nature except from night to night and that was before we had lavatories near to our houses. And this habit of ours was similar to the habit of the old 'Arabs in the open country (or away from houses). So. I and Um Mistah bint Ruhm went out walking. Um Mistah stumbled because of her long dress and on that she said, 'Let Mistah be ruined.' I said, 'You are saying a bad word. Why are you abusing a man who took part in (the battle of) Badr?' She said, 'O Hanata (you there) didn't you hear what they said?' Then she told me the rumors of the false accusers. My sickness was aggravated, and when I returned home, Allah's Messenger (ﷺ) came to me, and after greeting he said, 'How is that (girl)?' I requested him to allow me to go to my parents. I wanted then to be sure of the news through them I Allah's Messenger (ﷺ) allowed me, and I went to my parents and asked my mother, 'What are the people talking about?' She said, 'O my daughter! Don't worry much about this matter. By Allah, never is there a charming woman loved by her husband who has other wives, but the women would forge false news about her.' I said, 'Glorified be Allah! Are the people really taking of this matter?' That night I kept on weeping and could not sleep till morning. In the morning Allah's Messenger (ﷺ) called `Ali bin Abu Talib and Usama bin Zaid when he saw the Divine Inspiration delayed, to consul them about divorcing his wife (i.e. `Aisha). Usama bin Zaid said what he knew of the good reputation of his wives and added, 'O Allah's Messenger (ﷺ)! Keep you wife, for, by Allah, we know nothing about her but good.' `Ali bin Abu Talib said, 'O Allah's Messenger (ﷺ)! Allah has no imposed restrictions on you, and there are many women other than she, yet you may ask the woman-servant who will tell you the truth.' On that Allah's Messenger (ﷺ) called Barirah and said, 'O Barirah. Did you ever see anything which roused your suspicions about her?' Barirah said, 'No, by Allah Who has sent you with the Truth, I have never seen in her anything faulty except that she is a girl of immature age, who sometimes sleeps and leaves the dough for the goats to eat.' On that day Allah's Messenger (ﷺ) ascended the pulpit and requested that somebody support him in punishing `Abdullah bin Ubai bin Salul. Allah's Apostle said, 'Who will support me to punish that person (`Abdullah bin Ubai bin Salul) who has hurt me by slandering the reputation of my family? By Allah, I know nothing about my family but good, and they have accused a person about whom I know nothing except good, and he never entered my house except in my company.' Sa`d bin Mu`adh got up and said, 'O Allah's Messenger (ﷺ)! by Allah, I will relieve you from him. If that man is from the tribe of the Aus, then we will chop his head off, and if he is from our brothers, the Khazraj, then order us, and we will fulfill your order.' On that Sa`d bin 'Ubada, the chief of the Khazraj and before this incident, he had been a pious man, got up, motivated by his zeal for his tribe and said, 'By Allah, you have told a lie; you cannot kill him, and you will never be able to kill him.' On that Usaid bin Al-Hadir got up and said (to Sa`d bin 'Ubada), 'By Allah! you are a liar. By Allah, we will kill him; and you are a hypocrite, defending the hypocrites.' On this the two tribes of Aus and Khazraj got excited and were about to fight each other, while Allah's Messenger (ﷺ) was standing on the pulpit. He got down and quieted them till they became silent and he kept quiet. On that day I kept on weeping so much so that neither did my tears stop, nor could I sleep. In the morning my parents were with me and I had wept for two nights and a day, till I thought my liver would burst from weeping. While they were sitting with me and I was weeping, an Ansari woman asked my permission to enter, and I allowed her to come in. She sat down and started weeping with me. While we were in this state, Allah's Messenger (ﷺ) came and sat down and he had never sat with me since the day they forged the accusation. No revelation regarding my case came to him for a month. He recited Tashah-hud (i.e. None has the right to be worshipped but Allah and Muhammad is His Apostle) and then said, 'O `Aisha! I have been informed such-and-such about you; if you are innocent, then Allah will soon reveal your innocence, and if you have committed a sin, then repent to Allah and ask Him to forgive you, for when a person confesses his sin and asks Allah for forgiveness, Allah accepts his repentance.' When Allah's Messenger (ﷺ) finished his speech my tears ceased completely and there remained not even a single drop of it. I requested my father to reply to Allah's Messenger (ﷺ) on my behalf. My father said, By Allah, I do not know what to say to Allah's Messenger (ﷺ).' I said to my mother, 'Talk to Allah's Messenger (ﷺ) on my behalf.' She said, 'By Allah, I do not know what to say to Allah's Apostle. I was a young girl and did not have much knowledge of the Qur'an. I said. 'I know, by Allah, that you have listened to what people are saying and that has been planted in your minds and you have taken it as a truth. Now, if I told you that I am innocent and Allah knows that I am innocent, you would not believe me and if I confessed to you falsely that I am guilty, and Allah knows that I am innocent you would believe me. By Allah, I don't compare my situation with you except to the situation of Joseph's father (i.e. Jacob) who said, 'So (for me) patience is most fitting against that which you assert and it is Allah (Alone) whose help can be sought.' Then I turned to the other side of my bed hoping that Allah would prove my innocence. By Allah I never thought that Allah would reveal Divine Inspiration in my case, as I considered myself too inferior to be talked of in the Holy Qur'an. I had hoped that Allah's Messenger (ﷺ) might have a dream in which Allah would prove my innocence. By Allah, Allah's Apostle had not got up and nobody had left the house before the Divine Inspiration came to Allah's Apostle. So, there overtook him the same state which used to overtake him, (when he used to have, on being inspired divinely). He was sweating so much so that the drops of the sweat were dropping like pearls though it was a (cold) wintry day. When that state of Allah's Messenger (ﷺ) was over, he was smiling and the first word he said, `Aisha! Thank Allah, for Allah has declared your innocence.' My mother told me to go to Allah's Messenger (ﷺ) . I replied, 'By Allah I will not go to him and will not thank but Allah.' So Allah revealed: "Verily! They who spread the slander are a gang among you . . ." (24.11) When Allah gave the declaration of my Innocence, Abu Bakr, who used to provide for Mistah bin Uthatha for he was his relative, said, 'By Allah, I will never provide Mistah with anything because of what he said about Aisha.' But Allah later revealed: -- "And let not those who are good and wealthy among you swear not to help their kinsmen, those in need and those who left their homes in Allah's Cause. Let them forgive and overlook. Do you not wish that Allah should forgive you? Verily! Allah is Oft-forgiving, Most Merciful." (24.22) After that Abu Bakr said, 'Yes ! By Allah! I like that Allah should forgive me,' and resumed helping Mistah whom he used to help before. Allah's Messenger (ﷺ) also asked Zainab bint Jahsh (i.e. the Prophet's wife about me saying, 'What do you know and what did you see?' She replied, 'O Allah's Messenger (ﷺ)! I refrain to claim hearing or seeing what I have not heard or seen. By Allah, I know nothing except goodness about Aisha." Aisha further added "Zainab was competing with me (in her beauty and the Prophet's love), yet Allah protected her (from being malicious), for she had piety."

Chapter 16: If only one man attests the conduct of another

Abu Jamila said, "I found an outcast," and when 'Umar saw me, he said, "May Al-Ghuwair be miserable." As if he was accusing me, Arifi said that he was a good man, and he said so, go and we have to support him.
Narrated Abu Bakra

A man praised another man in front of the Prophet (ﷺ) . The Prophet (ﷺ) said to him, "Woe to you, you have cut off your companion's neck, you have cut off your companion's neck," repeating it several times and then added, "Whoever amongst you has to praise his brother should say, 'I think that he is so and so, and Allah knows exactly the truth, and I do not confirm anybody's good conduct before Allah, but I think him so and so,' if he really knows what he says about him."

Chapter 17: One should say only what he knows

Narrated Abu Musa Al-Ash`ari

The Prophet (ﷺ) heard someone praising another and exaggerating in his praise. The Prophet (ﷺ) said, "You have ruined or cut the man's back (by praising him so much).

Chapter 18: The boys attaining the age of puberty and their witness

And God Almighty said: {And when the children reach you, the dream will be permissible. ” And he said that I was average, and I was the son of the tenth of a year. And the women of the women in Al -Haydah, for his saying, may God bless him We have a grandfather, one of two years.
Narrated Ibn `Umar

Allah's Messenger (ﷺ) called me to present myself in front of him or the eve of the battle of Uhud, while I was fourteen years of age at that time, and he did not allow me to take part in that battle, but he called me in front of him on the eve of the battle of the Trench when I was fifteen years old, and he allowed me (to join the battle)." Nafi` said, "I went to `Umar bin `Abdul `Aziz who was Caliph at that time and related the above narration to him, He said, "This age (fifteen) is the limit between childhood and manhood," and wrote to his governors to give salaries to those who reached the age of fifteen.

Narrated Abu Sa`id Al-Khudri

The Prophet (ﷺ) said, "Bath on Friday is compulsory for those who have attained the age of puberty."

Chapter 19: The question of the judge to the plaintiff, "Have you a proof?"

Narrated `Abdullah

Allah's Messenger (ﷺ) said, "If somebody takes a false oath in order to get the property of a Muslim (unjustly) by that oath, then Allah will be angry with him when he will meet Him." Al-Ash'ath informed me, "By Allah! This was said regarding me. There was a dispute about a piece of land between me and a man from the Jews who denied my right. I took him to the Prophet. Allah's Messenger (ﷺ) asked me, 'Do you have an evidence?' I replied in the negative. He said to the Jew, 'Take an oath.' I said, 'O Allah's Messenger (ﷺ)! He will surely take an oath and take my property unjustly." So, Allah revealed: "Verily! Those who purchase a little gain at the cost of Allah's covenant and their oaths . . . " (3.77)

Chapter 20: The defendant must take an oath

The Prophet (peace and blessings of Allah Allaah be upon him) said: "Your witness or his right hand." Qutayba told us Sufyan told us about Ibn Shubramah Abu al-Zinad spoke to me in the testimony of the witness and the oath of the plaintiff, and I said Allah Almighty said, "And martyred two of your men, and if they are not two men, then a man and two women who you want from the martyrs to go astray, so remember one another." I said if the testimony of a witness and the plaintiff's oath were sufficient, you don't need to mention each other, what was done by mentioning this other.
Narrated Ibn Abu Mulaika

Ibn `Abbas wrote that the Prophet (ﷺ) gave his verdict on the basis of the defendant's oath.

Narrated Abu Wail

`Abdullah (bin Mas`ud) said, "Whoever takes a (false) oath in order to grab some property (unjustly), Allah will be angry with him when he will meet Him. Allah confirmed that through His Divine Revelation: "Verily! Those who purchase a little gain at the cost of Allah's covenant and their oaths . . . they will have a painful punishment." (3.77) Al-Ash'ath bin Qais came to us and asked, 'What is Abu `Abdur-Rahman (i.e. `Abdullah) telling you? 'We told him what he was narrating to us. He said, 'He was telling the truth; this Divine Verse was revealed in connection with me. There was a dispute between me and another man about something and the case was filed before Allah's Messenger (ﷺ) who said, 'Produce your two witnesses or else the defendant is to take an oath.' I said, The defendant will surely take a (false) oath caring for nothing.' The Prophet (ﷺ) said, 'Whoever takes a false oath in order to grab (other's) property, then Allah will be angry with him when he will meet Him.' Then Allah revealed its confirmation. Al-Ashath then recited the above Divine Verse." (3.77)

Chapter 21: If someone claims something or accuses somebody he should be given respite to get evidence

Narrated Ibn `Abbas

Hilal bin Umaiya accused his wife before the Prophet (ﷺ) of committing illegal sexual intercourse with Sharik bin Sahma.' The Prophet (ﷺ) said, "Produce a proof, or else you would get the legal punishment (by being lashed) on your back." Hilal said, "O Allah's Messenger (ﷺ)! If anyone of us saw another man over his wife, would he go to search for a proof." The Prophet (ﷺ) went on saying, "Produce a proof or else you would get the legal punishment (by being lashed) on your back." The Prophet (ﷺ) then mentioned the narration of Lian (as in the Holy Book). (Surat-al-Nur: 24)

Chapter 22: The taking of an oath after the Asr prayer

Narrated Abu Huraira

Allah's Messenger (ﷺ) said, "There are three persons whom Allah will neither talk to nor look at, nor purify from (the sins), and they will have a painful punishment. (They are): (1) A man possessed superfluous water on a way and he withheld it from the travelers. (2) a man who gives a pledge of allegiance to a Muslim ruler and gives it only for worldly gains. If the ruler gives him what he wants, he remains obedient to It, otherwise he does not abide by it, and (3) a man bargains with another man after the `Asr prayer and the latter takes a false oath in the Name of Allah) claiming that he has been offered so much for the thing and the former (believes him and) buys it."

Chapter 23: The defendant has to take an oath wherever it becomes legally compulsory

Marwan took an oath against Zaid bin Thabit on the pulpit, and he said, "I swear to him in my place." He made Zaid swear, and refused to swear on the pulpit, so he made Marwan admire him. The Prophet (peace and blessings of Allah Allaah be upon him) said: "Your witness or his right hand." He did not belong to a place without a place.
Narrated Ibn Mas`ud

The Prophet (ﷺ) said, "Whoever takes a (false) oath in order to grab (others) property, then Allah will be angry with him when he will meet Him."

Chapter 24: If (some people have to take an oath) and each of them wants to take it first

Narrated Abu Huraira

The Prophet (ﷺ) asked some people to take an oath, and they hurried for it. The Prophet (ﷺ) ordered that lots should be drawn amongst them as to who would take an oath first.

Chapter 25: The Statement of Allah Ta'ala: "Verily, those who purchase a small gain at the cost of Allah's Covenant and their oaths, they shall have no portion in the Hereafter..."

Narrated `Abdullah bin Abu `Aufa

A man displayed some goods in the market and took a false oath that he had been offered so much for them though he was not offered that amount Then the following Divine Verse was revealed:-- "Verily! Those who purchase a little gain at the cost of Allah's covenant and their oaths . . . Will get painful punishment." (3.77) Ibn Abu `Aufa added, "Such person as described above is a treacherous Riba eater (i.e. eater of usury).

Narrated Abu Wail from `Abdullah

The Prophet (ﷺ) said, "Whoever takes a false oath in order to grab another man's (or his brother's) property, then Allah will be angry with him when he will meet him." Then Allah confirmed this by revealing the Divine Verse: "Verily! Those who purchase a little gain at the cost of Allah's Covenant and their oaths . . . Will get painful punishment." (3.77) Al-Ash'ath met me and asked, "What did `Abdullah tell you today?" I said, "So and so." He said, "The Verse was revealed regarding my case."