The Chapters on Rulings

كتاب الأحكام

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).

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 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'.”

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 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.”

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 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 25: Bankruptcy Of A Poor Man, And Selling His Assets To Pay Off His Creditors

It was narrated that Abu Sa'eed Al-Khudri said

“At the time of the Messenger of Allah (ﷺ), a man suffered loss of some fruit that he had purchase, and his debts increased. The Messenger of Allah (ﷺ) said: 'Give him charity.' So the people gave him charity, but that was not enough to pay off his debts. The Messenger of Allah (ﷺ) said: “Take what you find, but you have no right to more than that, meaning his creditors.”

It was narrated from Jabir bin 'Abdullah that

the Messenger of Allah (ﷺ) rid Mu'adh bin Jabal of his creditors, then he appointed him governor of Yemen. Mu'adh said: “The Messenger of Allah (ﷺ) settled my debts with my creditors using what wealth I had, then he appointed me as governor.”

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.”

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.”

It was narrated that Ibn Khaldah, who was a judge in Al-Madinah, said

We came to Abu Hurairah and asked him about a companion of ours who had become bankrupt. He said: “This is what the Prophet (ﷺ) ruled: 'Any man who dies or becomes bankrupt, the owner of the product has more right to it, if he finds the exact thing.”

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

“Any man who dies and has the property of another man, whether he paid something towards it or not, (the owner of those goods) is like any other creditor.”

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

'Abdullah bin Mas'ud said

“The Messenger of Allah (ﷺ) was asked, 'Which of the people are best?' He said: 'My generation, then those that follow them, then those that follow them. Then there will come people whose testimony precedes their oath and whose oath precedes their testimony.”

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 28: A Man Who Has Testimony To Give, When The Person To Whom It Pertains Is Unaware Of That

Zaid bin Khalid Al-Juhani said that he heard the Messenger of Allah (ﷺ) say

“The best of witnesses is the one who gives his testimony before he is asked for it.”

Chapter 29: Witnessing Loans

It was narrated that

Abu Sa'eed Al-Khudri recited this Verse: “O you who believe! When you contract a debt for a fixed period...” until: “then if one of you entrusts the other.” Then he said: “This abrogates what came before.”

Chapter 30: The One Whose Testimony Permitted

It was narrated from 'Amr bin Shuaib from his father that his grandfather said

“The Testimony of a man or woman who is treacherous, or of one who has been subjected to one of the Haad punishments of Islam, or of one who bears a grudge against his brother, is not permissible.”