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

Abu Umama reported God’s Messenger as saying, “If anyone appropriates by his oath what rightly belongs to a Muslim, God has made hell necessary for him and deprived him of paradise.” A man asked God’s Messenger whether that applied even if it were a small amount, and he replied, “Even if it were a stick from an arak tree.” Muslim transmitted it.

Comment

The Offices of Commander and Qadi

Mishkat al-Masabih 3760 - Commentary by Mishkat al-Masabih

Hadith Text

Abu Umama reported God's Messenger as saying, "If anyone appropriates by his oath what rightly belongs to a Muslim, God has made hell necessary for him and deprived him of paradise." A man asked God's Messenger whether that applied even if it were a small amount, and he replied, "Even if it were a stick from an arak tree." Muslim transmitted it.

Scholarly Commentary

This hadith establishes the grave sin of usurping another Muslim's property through false oaths. The scholars explain that "appropriating by oath" refers to swearing falsely to claim what is not rightfully yours, thereby combining the sins of theft and perjury.

The mention of the arak tree (toothbrush tree) demonstrates that even the most insignificant item, when taken unlawfully through false oaths, constitutes this major sin. This emphasizes that the severity lies not in the value of the property but in the violation of trust and the abuse of God's name.

Classical commentators note that this warning applies particularly to judges and officials who might be tempted to misuse their authority through false oaths. The punishment mentioned - obligatory hellfire and deprivation of paradise - indicates this is among the gravest sins in Islamic law.

The scholars clarify that repentance requires returning the unlawfully taken property to its rightful owner and seeking forgiveness from both the person wronged and from Allah. Without restitution, mere verbal repentance is insufficient according to the majority opinion.