Witnesses
كتاب الشهادات
Chapter 30: Drawing lots to solve problems
And the Statement of Allah جل جلاله: "...When they cast lots with their pens as to which of them should be charged with the care of Maryam (Mary)..." (V.3:44)
Ibn 'Abbas (explaining the Verse) said, "They drew lots (by throwing their pens in the river); the pens went along the stream except Zakariyya's pen which stood stationary against the flow of the stream, and so Zakariyya was charged with the care of Maryam."
Allah also said, "Fasahama! He (Prophet Jonah عليه السلام) (agreed to) cast lots, and he was among the losers," means, "the lot fell on him." (V.37:141)
Narrated Abu Hurairah رضي الله عنه, "The Prophet ﷺ ordered some people to take an oath, and all of them hurried to take it, but he ordered that lots be cast as to which of them should take the oath (first)."
Whenever Allah's Messenger (ﷺ) intended to go on a journey, he used to draw lots among his wives and would take with him the one on whom the lot fell. He also used to fix for everyone of his wives a day and a night, but Sauda bint Zam`a gave her day and night to `Aisha, the wife of the Prophet (ﷺ) intending thereby to please Allah's Messenger (ﷺ).
Chapter 28: Whoever sees that promises should be fulfilled
Al-Hasan supported this judgement. (Allah says:)
"And mention in the Book (the Qur'an) Isma'il (Ishmael): Verily! He was true to what he promised." (V.19:54)
Ibn Al-Ashwa' judged that promises should be fulfilled, and he mentioned that Samura adopted the same opinion.
Narrated Al-Miswar bin Makhzama رضي الله عنه: I heard the Prophet ﷺ saying: (about one of his sons-in-law), "He promised me and fulfilled his promise." Narrated Abu 'Abdullah (Al-Bukhari): I saw Ishaq bin Ibrahim depending on Ibn Ashwa's narration in giving verdicts.
Jabir bin `Abdullah said, "When the Prophet (ﷺ) died, Abu Bakr received some property from Al-`Ala bin Al-Hadrami. Abu Bakr said to the people, "Whoever has a money claim on the Prophet, or was promised something by him, should come to us (so that we may pay him his right)." Jabir added, "I said (to Abu Bakr), Allah's Messenger (ﷺ) promised me that he would give me this much, and this much, and this much (spreading his hands three times)." Jabir added, "Abu Bakr counted for me and handed me five-hundred (gold pieces), and then five-hundred, and then five-hundred."
Chapter 30: Drawing lots to solve problems
And the Statement of Allah جل جلاله: "...When they cast lots with their pens as to which of them should be charged with the care of Maryam (Mary)..." (V.3:44)
Ibn 'Abbas (explaining the Verse) said, "They drew lots (by throwing their pens in the river); the pens went along the stream except Zakariyya's pen which stood stationary against the flow of the stream, and so Zakariyya was charged with the care of Maryam."
Allah also said, "Fasahama! He (Prophet Jonah عليه السلام) (agreed to) cast lots, and he was among the losers," means, "the lot fell on him." (V.37:141)
Narrated Abu Hurairah رضي الله عنه, "The Prophet ﷺ ordered some people to take an oath, and all of them hurried to take it, but he ordered that lots be cast as to which of them should take the oath (first)."
That when the Ansar drew lots as to which of the emigrants should dwell with which of the Ansar, the name of `Uthman bin Mazun came out (to be in their lot). Um Al-Ala further said, "Uthman stayed with us, and we nursed him when he got sick, but he died. We shrouded him in his clothes, and Allah's Apostle came to our house and I said, (addressing the dead `Uthman), 'O Abu As-Sa'ib! May Allah be merciful to you. I testify that Allah has blessed you.' The Prophet (ﷺ) said to me, "How do you know that Allah has blessed him?" I replied, 'I do not know O Allah's Messenger (ﷺ)! May my parents be sacrificed for you.' Allah's Messenger (ﷺ) said, 'As regards `Uthman, by Allah he has died and I really wish him every good, yet, by Allah, although I am Allah's Messenger (ﷺ), I do not know what will be done to me.' Um Al- Ala added, 'By Allah I shall never attest the piety of anybody after him. And what Allah's Messenger (ﷺ)s said made me sad." Um Al-Ala further said, "Once I slept and saw in a dream, a flowing stream for `Uthman. So I went to Allah's Messenger (ﷺ) and told him about it, he said, 'That is (the symbol of) his deeds."
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..."
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).
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."
Chapter 26: How to swear?
Allah تعالى said: “They swear by Allah…” (V.9:56, 62, 74, 95).
And Allah عز وجل said: “…They come to you swearing by Allah: ‘We meant no more than goodwill and conciliation’.” (V.4:62)
The expressions used in Arabic for ‘By Allah’ are: Bil-lahi, Tal-lahi, Wal-lahi.
The Prophet ﷺ said, “And a man who takes a false oath in the Name of Allah after the ‘Asr prayer. The Prophet ﷺ said, ‘One should not swear except by Allah.’”
The Prophet (ﷺ) said, "Whoever has to take an oath should swear by Allah or remain silent." (i.e. He should not swear by other than Allah.)
Chapter 27: The proof after (the defendant) has taken the oath
The Prophet ﷺ said, “Perhaps some of you are more eloquent and persuasive in presenting their arguments than their opponents.” Tawus, Ibrahim and Shuraih said, “A clear, just evidence (produced by the plaintiff) is more valid than a false oath (taken by the defendant).”
Once Allah's Messenger (ﷺ) said, "You people present your cases to me and some of you may be more eloquent and persuasive in presenting their argument. So, if I give some one's right to another (wrongly) because of the latter's (tricky) presentation of the case, I am really giving him a piece of fire; so he should not take it."
Chapter 28: Whoever sees that promises should be fulfilled
Al-Hasan supported this judgement. (Allah says:)
"And mention in the Book (the Qur'an) Isma'il (Ishmael): Verily! He was true to what he promised." (V.19:54)
Ibn Al-Ashwa' judged that promises should be fulfilled, and he mentioned that Samura adopted the same opinion.
Narrated Al-Miswar bin Makhzama رضي الله عنه: I heard the Prophet ﷺ saying: (about one of his sons-in-law), "He promised me and fulfilled his promise." Narrated Abu 'Abdullah (Al-Bukhari): I saw Ishaq bin Ibrahim depending on Ibn Ashwa's narration in giving verdicts.
Allah's Messenger (ﷺ) said, "The signs of a hypocrite are three: (1) whenever he speaks, he tells a lie, (2) whenever he is entrusted, he proves to be dishonest, (3) whenever he promises, he breaks his promise.
A Jew from Hira asked me which one of the two periods Musa (i.e. Prophet Moses) completed. I said, "I don't know, (but wait) till I see the most learned 'Arab and inquire him about it." So, I went to Ibn `Abbas and asked him. He replied, "Moses completed the longer and better period." Ibn `Abbas added, "No doubt, an apostle of Allah always does what he says."
Chapter 30: Drawing lots to solve problems
And the Statement of Allah جل جلاله: "...When they cast lots with their pens as to which of them should be charged with the care of Maryam (Mary)..." (V.3:44)
Ibn 'Abbas (explaining the Verse) said, "They drew lots (by throwing their pens in the river); the pens went along the stream except Zakariyya's pen which stood stationary against the flow of the stream, and so Zakariyya was charged with the care of Maryam."
Allah also said, "Fasahama! He (Prophet Jonah عليه السلام) (agreed to) cast lots, and he was among the losers," means, "the lot fell on him." (V.37:141)
Narrated Abu Hurairah رضي الله عنه, "The Prophet ﷺ ordered some people to take an oath, and all of them hurried to take it, but he ordered that lots be cast as to which of them should take the oath (first)."
Allah's Messenger (ﷺ) said, "If the people knew what is the reward of making the call (for the prayer) and (of being in) the first row (in the prayer), and if they found no other way to get this privilege except by casting lots, they would certainly cast lots for it. If they knew the reward of the noon prayer, they would race for it, and if they knew the reward of the morning (i.e. Fajr) and `Isha prayers, they would present themselves for the prayer even if they had to crawl to reach there.
Chapter 26: How to swear?
Allah تعالى said: “They swear by Allah…” (V.9:56, 62, 74, 95).
And Allah عز وجل said: “…They come to you swearing by Allah: ‘We meant no more than goodwill and conciliation’.” (V.4:62)
The expressions used in Arabic for ‘By Allah’ are: Bil-lahi, Tal-lahi, Wal-lahi.
The Prophet ﷺ said, “And a man who takes a false oath in the Name of Allah after the ‘Asr prayer. The Prophet ﷺ said, ‘One should not swear except by Allah.’”
A man came to Allah's Messenger (ﷺ) asking him about Islam, Allah's Messenger (ﷺ) said, "You have to offer five compulsory prayers in a day and a night (24 hours)." The man asked, "Is there any more compulsory prayers for me?" Allah's Messenger (ﷺ) said, "No, unless you like to offer Nawafil (i.e. optional prayers)." Allah's Messenger (ﷺ) then added, "You have to observe fasts during the month of Ramadan." The man said, "Am I to fast any other days?' Allah's Messenger (ﷺ) said, "No, unless you wish to observe the optional fast voluntarily." Then Allah's Messenger (ﷺ) told him about the compulsory Zakat. The man asked, "Do I have to give anything besides?" Allah's Messenger (ﷺ) said, "No, unless you wish to give in charity voluntarily." So, the man departed saying, "By Allah I will neither do more nor less than that." Allah's Messenger (ﷺ) said, "If he has said the truth he will be successful."
Chapter 29: Al-Mushrikun should not be asked to give witness
Ash-Sha'bi said, "The witnesses of the people of the different religions against one another is not valid," as Allah عز وجل says:
"So, We planted amongst them enmity and hatred..." (V.5:14)
Abu Hurairah رضي الله عنه said, "The Prophet ﷺ said, 'Neither believe the people of the Scriptures, nor disbelieve them, but say: We believe in Allah and whatever was revealed by Him.'"
Ibn `Abbas said, "O Muslims? How do you ask the people of the Scriptures, though your Book (i.e. the Qur'an) which was revealed to His Prophet is the most recent information from Allah and you recite it, the Book that has not been distorted? Allah has revealed to you that the people of the scriptures have changed with their own hands what was revealed to them and they have said (as regards their changed Scriptures): This is from Allah, in order to get some worldly benefit thereby." Ibn `Abbas added: "Isn't the knowledge revealed to you sufficient to prevent you from asking them? By Allah I have never seen any one of them asking (Muslims) about what has been revealed to you."