The Chapters on Rulings

كتاب الأحكام

Chapter 16: When There Is A Dispute As To How Wide A Road Or Path Should Be

It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said

“Make the path seven forearms length wide.”

Chapter 17: One Who Builds Something On His Own Property That Harms His Neighbor

It was narrated from Abu Sirmah that the Messenger of Allah (ﷺ) said

“Whoever harms others, Allah (SWT) will harm him; and whoever causes hardship to other Allah will cause hardship to him.”

Chapter 18: Two Men Who Lay Claim To A Hut

It was narrated from Nimran bin Jariyah, from his father, that

some people referred a dispute to the Prophet (ﷺ) about a hut, so that he could judge between them. He sent Hudhaifah to judge between them, and he ruled in favor of those who had the rope (with which the hut was blinded together). When he went back to the Prophet (ﷺ) he told him (what he had done) and he said: “You did the right thing, and you did well.”

Chapter 19: Who Stipulates The Condition Of Khalas

It was narrated from ('Uqbah bin 'Amir or) Samurah bin Jundub that

the Messenger of Allah (ﷺ) said: “If a product is sold to two men, it is for the one who was first.”

Chapter 20: Passing Judgment By Casting Lots

It was narrated from 'Aishah that

when the Prophet (ﷺ) traveled, he would cast lots among his wives (to decide which one would accompany him).

Chapter 21: Those Who Detect A Family Likeness

It was narrated that 'Aishah said

“The Messenger of Allah (ﷺ) came in one day looking happy, and said: 'O 'Aishah, did you not see that Mujazziz Al-Mudliji entered upon me and saw Usamah and Zaid. There was a blanket over them and their faces were covered but their feet were exposed, and he said: 'These feet belong to one another'.”

Chapter 26: One Who finds His Exact Property With A Man Who Has Become Bankrupt

It was narrated from Abu Hurairah that the Prophet (ﷺ) said

“Any man who sells a product with the man who has become bankrupt, and he has not taken any of its price, it belongs to him, but if he had taken any of its price, then he is like any other creditor.”

Chapter 3: When The Judge Does His Best (To Reach A Verdict) And Gets It Right

Abu Hashim said

“Were it not for the Hadith of Ibn Buraidah from his father, from the Prophet (ﷺ) who said: 'Judges are of three types, two of whom will be in Hell and one will be in Paradise. The man who knows the truth and rules in accordance with it, will be in Paradise. The man who passes judgment on the people in ignorance will be in Hell' - we would have said that if the judge does his best he will be in Paradise.”

Chapter 7: The Burden Of Proof Rests With The Plaintiff And An Oath Is Required From The One The Cla

It was narrated from Ibn 'Abbas that the Messenger of Allah (ﷺ) said

“If the people were given what they claimed, some would have claimed the lives and property of men. But the one the claim is made against is obliged to swear an oath.”

Chapter 11: When Two Men Claim Some Goods And Neither Of Them Has Any Proof

It was narrated from Abu Musa that

two men referred a dispute to the Messenger of Allah (ﷺ) concerning an animal, and neither of them had proof, so he ruled that it should be divided in half.

Chapter 14: Ruling Concerning One Who Breaks Something

It was narrated that a man from Banu Suwa'ah said

'I said to 'Aishah: Tell me about the character of the Messenger of Allah (ﷺ).' She said: 'Have you not read the Qur'an: “And verily, you (O Mohammed {SAW}) are on an exalted (standard of) character?” She said: 'The Messenger of Allah (ﷺ) was with his Companions, and I made some food for him, and Hafsah made some food for him, but Hafash got there before me. So I said to the slave girl: “Overturn her bowl.” She went and caught up with her, and she was about to put (the bowl) in front of the Messenger of Allah (ﷺ). She overturned it and the bowl broke, scattering the food. The Messenger of Allah (ﷺ) gathered the pieces and the food on the leather mat and they ate. Then he sent for my bowl and gave it to Hafsah, and said: “Take this pot in place of your pot, and eat what is in it.” And I did not see any expression of anger on the face of the Messenger of Allah (ﷺ).' ”

Chapter 17: One Who Builds Something On His Own Property That Harms His Neighbor

It was narrated from Ibn 'Abbas that the Messenger of Allah (ﷺ) said

“There should be neither harming nor reciprocating harm.”

Chapter 20: Passing Judgment By Casting Lots

It was narrated that Zaid bin Arqam said

“A case was brought to 'Ali bin Abu Talib when he was in Yemen, concerning three men who had intercourse with a woman during one period of being free from menses. He asked two of them: “Do you affirm that this child belongs to (the third man)?” And they said: “No.” He asked another two of them: “Do you affirm that this child belongs to (the third man)?” And they said: “No.” Every time he asked two of them whether they affirmed that the child belonged to the third, they would say no. So he cast lots between them, and attributed the child to the one whose name was chosen in this manner, and obliged him to pay two thirds of the Diyah. The Prophet (ﷺ) was told of this, and he smiled so broadly that his back teeth became visible.

Chapter 21: Those Who Detect A Family Likeness

It was narrated from Ibn 'Abbas that

the Quraish went to a sorceress and they said to her: “Tell us whose footprints most resemble those of the owner of Al-Maqam (the station of Ibrahim).” She said: “If you spread a piece of cloth over this soft earth and walk over it, I will tell you.” So they spread out a piece of cloth and the people walked over it. She saw the footprints of the Messenger of Allah (ﷺ) and said: “This one most closely resembles him among you.” After that twenty years passed, of as long as Allah willed, then Allah sent Muhammad (ﷺ) (i.e., missioned him as the Prophet).

Chapter 22: Giving A Child The Choice Between His The Parents

It was narrated from 'Abdul-Hamid bin Salamah, from his father, from his grandfather, that

his parents referred their dispute to the Prophet (ﷺ), and one of them was a disbeliever. He (the Prophet (ﷺ)) said: “O Allah, guide him,” and he turned towards the Muslim, and he ruled that he should go with that parent.

Chapter 26: One Who finds His Exact Property With A Man Who Has Become Bankrupt

It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said

“Whoever finds his exact property with a man who has become bankrupt, and then he has more right to it than anyone else.”

Chapter 0

Chapter 1: Mention Of Judges

It was narrated from Anas bin Malik that the Messenger of Allah (ﷺ) said

“Whoever asks to be appointed a judge, will be entrusted to himself, but “Whoever asks to be appointed a judge, will be entrusted to himself, but whoever is forced to accept position, an angel will come down to him and guide him.' ”

Chapter 2: Emphatic Prohibition against Injustice and Bribery

It was narrated that 'Abdullah said

“The Messenger of Allah (ﷺ) said: “There is no judge who judges between the people but on the Day of Resurrection an angel will come and take hold of the back of his head towards the sky and if it said: “Throw him, “he will throw into an abyss the depth of forty autumns (years).' ”

Chapter 4: The judge Should Not Pass A Judgment When He Is Angry

It was narrated from 'Abdul-Malik bin 'Umair that he heard 'Abdur-Rahman bin Abu Bakrah (narrate) from his father that the Messenger of Allah (ﷺ) said

“Let the judge (Qadi) not pass a judgment when he is angry.”