Ibn ‘Abbas reported the Prophet as saying, “If people were given what they asked when they brought a case some would claim the lives and property of others; but the oath must be taken by the defendant.” Muslim transmitted it. In the commentary on his work by Nawawi it says that in Baihaqi’s version with an isnad which is hasan or sahih there is an addition on the authority of Ibn ‘Abbas which is traced to the Prophet, “But the proof lies on the plaintiff and the oath must be taken by him who rejects the claim.”
The Offices of Commander and Qadi
Mishkat al-Masabih 3758 - A Traditional Commentary by Imam Nawawi
Hadith Text Analysis
The Prophet (peace be upon him) said: "If people were given what they asked when they brought a case, some would claim the lives and property of others; but the oath must be taken by the defendant." This profound statement establishes a fundamental principle in Islamic judiciary to prevent false claims and protect people's rights.
Legal Principles Established
The primary ruling established is that the burden of proof (al-bayyinah) lies upon the plaintiff (al-mudda'i), while the oath (al-yamin) is required from the defendant (al-mudda'a 'alayh). This prevents frivolous lawsuits and protects individuals from baseless accusations.
The wisdom behind this ruling is to maintain social justice and prevent the strong from oppressing the weak through false claims. Without this protection, people could easily lose their property and rights through unsubstantiated allegations.
Supplementary Narration
As recorded by Imam Baihaqi with a hasan or sahih chain: "The proof lies on the plaintiff and the oath must be taken by him who rejects the claim." This complementary narration clarifies that the oath is specifically required from the party who denies the claim, reinforcing the original ruling.
Scholarly Consensus
This hadith forms the basis of Islamic judicial procedure accepted by all four schools of jurisprudence. The principle "al-bayyinatu 'ala al-mudda'i wa al-yaminu 'ala man ankara" (proof is upon the claimant and oath upon who denies) is universally applied in Islamic courts to ensure fair proceedings and protect the rights of all parties involved.