عَنِ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ: «لَوْ يُعْطَى النَّاسُ بِدَعْوَاهُمْ لَادَّعَى نَاسٌ دِمَاءَ رِجَالٍ وَأَمْوَالَهُمْ وَلَكِنَّ الْيَمِينَ عَلَى الْمُدَّعَى عَلَيْهِ» . رَوَاهُ مُسْلِمٌ وَفِي «شَرْحِهِ لِلنَّوَوِيِّ» أَنَّهُ قَالَ: وَجَاءَ فِي رِوَايَةِ «الْبَيْهَقِيِّ» بِإِسْنَادٍ حَسَنٍ أَوْ صَحِيحٍ زِيَادَةٌ عَنِ ابْنِ عَبَّاسٍ مَرْفُوعًا: «لَكِنَّ الْبَيِّنَةَ على المدَّعي واليمينَ على مَنْ أنكر»
Translation

Ibn Mas'ud reported God’s Messenger as saying, “If anyone swears a firm oath, 1 acting wickedly thereby, and appropriates by it property belonging to a Muslim, God will be angry when he meets Him on the day of resurrection.” And God has sent down the verification of that, “Those who barter for a small price God's covenant and their oaths”2. (Bukhari and Muslim.)1. Or an oath he is compelled to take.2. Al-Qur’an, 3:77

Comment

The Offices of Commander and Qadi

Mishkat al-Masabih 3759

Exposition of the Hadith

This noble hadith, transmitted by the Companion Abdullah ibn Mas'ud and recorded in the authentic collections of Bukhari and Muslim, addresses the grave sin of swearing false oaths to wrongfully seize the property of Muslims. The Messenger of God ﷺ warns that such an act provokes the wrath of Allah on the Day of Resurrection.

The phrase "swears a firm oath" refers to one who deliberately takes a solemn oath, knowing it to be false, with the intention of usurping what rightfully belongs to another believer. This constitutes both perjury and oppression, two major sins in Islamic law.

Quranic Verification

As mentioned in the hadith, Allah has revealed verification of this warning in Surah Al-Imran (3:77): "Indeed, those who exchange the covenant of Allah and their [own] oaths for a small price will have no share in the Hereafter." This verse confirms that those who treat divine covenants and oaths as trivial matters for worldly gain have severed their connection with divine mercy.

Legal and Ethical Implications

Scholars explain that this hadith establishes the inviolability of Muslim property and the sanctity of oaths. A qadi (judge) must be particularly cautious when administering oaths in legal proceedings, ensuring they are not used as instruments of injustice.

The severity of this sin lies in its compound nature: it combines false testimony, breach of trust, oppression, and disrespect for Allah's name. The perpetrator not only wrongs his fellow Muslim but also violates his covenant with Allah.

Spiritual Consequences

The mention of Allah's anger indicates the ultimate consequence of such actions. Unlike human anger which may be temporary, divine anger has eternal implications. This serves as a powerful deterrent for those in positions of authority, particularly commanders and judges who might be tempted to use their power unjustly.

The righteous scholar should emphasize that repentance from such sins requires both returning the wrongfully taken property to its owner and seeking sincere forgiveness from Allah.