The Chapters on Rulings

كتاب الأحكام

Chapter 5: The Ruling Of A judge Does Not Make What Is Permissible Forbidden

It was narrated from Umm Salamah that the Messenger of Allah (ﷺ) said

“You refer your disputes to me and I am only human. Perhaps some of you may be more eloquent in presenting your case than others, so I rule in your favor because of what I hear from you. If I pass a judgement in favor of one of you that detracts from his brother's rights, then he should not take it, because it is a piece of fire that is given to him which he will bring forth on the Day Resurrection.”

Chapter 6: One Who Claims Something Does Not Belong To Him And Disputes About It

It was narrated from Abu Dharr that he heard the Messenger of Allah (ﷺ) say

“Whoever claims something that does not belong to him; he is not one of us, so let him take his place in Hell.”

Chapter 8: Who Swears A False Oath In Order To Seize Wealth Unlawfully

It was narrated from 'Abdullah bin Mas'ud that the Messenger of Allah (ﷺ) said

“Whoever swears a false oath in order to seize the wealth of a Muslim unlawfully, he will meet Allah when He is angry with him.”

Chapter 9: Swearing An Oath At The Time Of Usurping People's Rights

It was narrated from Jabir bin 'Abdullah that the Messenger of Allah (ﷺ) said

'Whoever swears a false oath near this pulpit of mine, let him take his place in Hell, even if it is for a green twig.”

Chapter 10: What The People Of The Book Should Be Asked To Swear By

It was narrated from Bara' bin 'Azib that the Messenger of Allah (ﷺ) called one of the Jewish scholars and said

“ Swear by the One Who sent the Torah (Tawrah) down to Musa.”

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

It was narrated from Abu Hurairah that

he said that two men laid claim to an animal, and neither of them had any proof, so the Prophet (ﷺ) commanded them to cast lots as to which of them should swear an oath.

Chapter 12: A Person Who Has Something Stolen, And He Finds It In The Possession Of A Man Who Bought

It was narrated from Samurah bin Jundub that the Messenger of Allah (ﷺ) said

“If a man loses something, or it is stolen from him, and he finds it in the possession of a man who bought it, then he has more right to it, and the one who bought it should ask for his money back from the one who sold it to him.' ”

Chapter 15: A Man Fixing Wood To The Wall Of His Neighbor

'Ikrimah bin Salamh narrated that

there were two brothers from among the sons of Mughirah. One of them swore an oath to set a slave free if the other one fixed a piece of wood to his wall. Mujammi' bin Yazid and many men from among the Ansar came and said: “We bear witness that the Messenger of Allah (ﷺ) said: 'None of you should refuse to let his neighbor fix a piece of wood to his wall.' ” He said: 'O my brother, judgment has been passed in your favor against me, but I have sworn an oath.' So go ahead and fix your wood to my wall.”

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

It was narrated from 'Ubadah bin Samit that the Messenger of Allah (ﷺ) ruled

“There should be neither harming nor reciprocating harm.”

Chapter 20: Passing Judgment By Casting Lots

It was narrated from 'Imran bin Husain that

a man had six slaves, and he did not have any other wealth apart from them, and he set them free when he died. The Messenger of Allah (ﷺ) divided them into groups, set two free and left four as slaves.

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

It was narrated from Abu Hurairah that

the Prophet (ﷺ) gave a child the choice between his father and his mother (i.e., which parent to live with). He said: “O boy, this is your mother and this is your father.”

Chapter 23: Reconciliation

Kathir bin 'Abdullah bin 'Amr bin 'Awf narrated from his father that his grandfather said

“I heard the Messenger of Allah (ﷺ) say: 'Reconciling between Muslims is permissible, except reconciliation that forbids something that is allowed, or allows something that is forbidden.'”

Chapter 24: Preventing One Who Will Mishandle His Wealth

It was narrated from Anas bin Malik that

there was a man at the time of the Messenger of Allah (ﷺ) whose mental faculties were lacking, and he used to buy and sell. His family came to the Prophet (ﷺ) and said, “O Messenger of Allah, stop him.” So The Prophet (ﷺ) called him, and told him not to do that. He said: “O Messenger of Allah (ﷺ), I cannot bear to be away from business.” He said, “If you engage in a transaction then say: “Take it (i.e., the goods) and don't cheat (me).' ”

It was narrated that Muhammad bin Yahya bin Habban said

“My grandfather was Munqidh bin 'Amr. He was a man who had suffered a head wound and lost the power of speech, but that did not stop him from engaging in trade. He was always being cheated, so he went to the Prophet (ﷺ) and told him about that. He said to him: 'When you buy something, say: “There should be no intention of cheating,” and for every product you buy, you have the choice for three nights. If you are pleased with it, keep it, and if you are displeased then return it.'”

Chapter 30: The One Whose Testimony Permitted

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

“The testimony of a Bedouin against a town-dweller is not permissible.”

Chapter 32: False Witness

It was narrated that Khuraim bin Fatik Al-Asadi said that

the Prophet(ﷺ) prayed the Morning prayer, and when he had finished, he stood up and said: “Bearing false witness is equivalent to associating others with Allah,” three times. Then he recited this Verse: “And shun lying speech (false statements), Hunafa' Lillah (i.e., worshiping none but Allah), not associating partners (in worship) to Him.”

Chapter 27: To Give Testimony When One Has Not been Asked To Do Is Disliked

It was narrated that Jabir bin Samurah said

'Umar bin Khattab addressed us at Jabiyah and said: “The Messenger of Allah (ﷺ) stood up among us as I stand among you, and said: 'Honor my Companions for my sake, then those who come after them, then those who come after them. Then lying will prevail until a man will give testimony without being asked to do so, and he will swear an oath without being asked to do so.' ”

Chapter 31: Passing Judgement On The Basis Of A Witness And An Oath

It was narrated from Abu Hurairah that

the Messenger of Allah (ﷺ) passed judgment on the basis of an oath (from the claimant) along with a (single) witness. [This is in the absence of two witnesses.]

It was narrated from Jabir that

the Prophet (ﷺ) passed judgement on the basis of an oath (from the claimant) along with a (single) witness.

It was narrated from Surraq that

the Prophet (ﷺ) allowed the testimony of a man along with the oath of the claimant.