Mishkat al-Masabih

The Offices of Commander and Qadi

كتاب الإمارة والقضاء

Chapter 14: Cases and Depositions - Section 2

Mishkat al-Masabih 3769

‘Amr b. Shu'aib, on his father’s authority, told that his grandfather reported the Prophet as saying, “Proof lies on the plaintiff and the oath is to be sworn by the defendant.” Tirmidhi transmitted it.

Mishkat al-Masabih 3772

Abu Musa al-Ash'ari told that two men laid claim to a camel in the time of God’s Messenger and both of them sent two witnesses, so the Prophet divided it in halves between them.* Abu Dawud transmitted it. A version by Nasa’i, Ibn Majah and him says that two men laid claim to a camel, but as neither of them could produce proof the Prophet declared they should share it equally.* I have kept closely to the Arabic in this translation because the alternative version follows immediately afterwards. The meaning of both versions is the same, viz. that both men were to have equal use of the camel.

Mishkat al-Masabih 3777

‘Abdallah b. Unais reported God’s Messenger as saying, “Among the most serious of major sins are attributing a partner to God, unfilial behaviour, and deliberate perjury. If anyone swears an oath which he is compelled to take (or a firm oath) and introduces into it as much falsehood as a gnat’s wing, a spot will be put in his heart till the day of resurrection.” Tirmidhi transmitted it, saying this is a gharib tradition.

Mishkat al-Masabih 3778

Jabir reported God’s Messenger as saying, “If anyone swears a false oath near this pulpit of mine, even though it be about a green tooth stick, he will come to his place in hell,” or, “he will certainly go to hell.” Malik, Abu Dawud and Ibn Majah transmitted.

Mishkat al-Masabih 3784

‘Auf b. Malik told that the Prophet gave a decision between two men and that when the one against whom the decision had been given turned away he said, “My sufficiency is God, and good is the Guardian." Thereupon the Prophet said, “God most high blames for falling short, hut apply intelligence, and when a matter gets the better of you say, 'My sufficiency is God, and good is the Guardian’. (Al-Qur’an, 3:173) Abu Dawud transmitted it.

Chapter 1: Section 1

Mishkat al-Masabih 3684

Abu Huraira reported God’s Messenger as saying, “You will find among the best people those who have the strongest dislike of this command till they fall into it.”*(Bukhari and Muslim.)*This is explained as meaning either they cease to dislike having authority and so cease to be among the best people, or they find that God helps them. Preference is given to the first explanation, but the remark is made that whichever explanation is correct, in the end these people do not object to having authority.

Mishkat al-Masabih 3691

Abu Sa'id reported God's Messenger as saying, “No prophet is sent by God and no caliph succeeds another without having two close associates, one who commands and urges him to do what is reputable and one who commands and urges him to do what is evil. The one who is protected is he whom God protects.” Bukhari transmitted it.

Mishkat al-Masabih 3693

Abu Bakra told that when God’s Messenger heard the people of Persia had made Kisra’s daughter their queen he said, “People who make a woman their ruler will never prosper.” Bukhari transmitted it.

Chapter 2: Section 2

Mishkat al-Masabih 3694
Al-Harith al-Ash‘ari reported God's Messenger as saying, “I command you five things

to maintain the community, to listen, to obey, to emigrate, and to fight in God's path. He who secedes from the community as much as a span has cast off the tie of Islam from his neck unless he returns, and he who summons to what the pre-Islamic people believed belongs to the assemblies of jahannam even if he fasts, prays, and asserts that he is a Muslim.” Ahmad and Tirmidhi transmitted it.

Mishkat al-Masabih 3695
Ziyad b. Kusaib al-‘Adawi said

I was with Abu Bakra under Ibn ‘Amir’s pulpit when he was preaching and wearing thin garments. Abu Bilal said, “Look at our governor wearing the garments of profligates,” whereupon Abu Bakra told him to be quiet, for he had heard God’s Messenger say, “He who despises God’s ruler in the earth will be despised by God.” Tirmidhi transmitted it, saying this is a hasan gharib tradition.

Mishkat al-Masabih 3696

An-Nawwas b. Sam‘an reported God’s Messenger as saying, “A creature is not to be obeyed when it involves disobedience to the "Creator.” It is transmitted in Sharh as-sunna.

Mishkat al-Masabih 3710

Abu Dharr reported God's Messenger as saying, “How will you deal with imams after my death who appropriate to themselves this booty?” He replied, “I swear by Him who sent you with the truth that I shall put my sword on my shoulder and smite with it till I meet you.” He said, “Shall I not guide you to something better than that? You must show endurance till you meet me.” Abu Dawud transmitted it.

Chapter 3: Section 3

Mishkat al-Masabih 3714

Abu Umama reported the Prophet as saying, “No one will rule ten people or more without coming to God who is great and glorious on the day of resurrection with his hand chained to his neck and being set free by his goodness, or brought to destruction by his sin. The beginning of it merits blame, its middle produces regret, and its end is disgrace on the day of resurrection.”Ahmad.

Mishkat al-Masabih 3715

Mu'awiya reported God’s Messenger as saying, “If you are put in a position of authority, Mu'awiya, fear God and act justly.” He said that he kept thinking he would be afflicted by a governorship in accordance with what the Prophet had said till it actually came true.Ahmad. Baihaqi transmitted Mu‘awiya’s tradition in Dalail an-nubuwa.

Mishkat al-Masabih 3720

‘Abdallah b. ‘Amr reported God’s Messenger as saying, “If anyone gives his brother a look which frightens him, God will frighten him on the day of resurrection.”Baihaqi transmitted in Shuab al iman.

Chapter 4: The Duty of Rulers to make Things Easy - Section 1

Mishkat al-Masabih 3724

Abu Burda* told that when the Prophet sent his grandfather Abu Musa and Mu'adh to the Yemen he said, “Make things easy and do not make them difficult; gladden and do not scare; comply with one another and do not disagree.” (Bukhari and Muslim.)* This should be Sa'id b. Abu Burda on his father’s authority. C f. Bukhari, Maghazi, 60.

Mishkat al-Masabih 3727

Abu Sa'id reported the Prophet as saying, “Every perfidious one will have a standard at his anus on the day of resurrection.” A version has, “On the day of resurrection every perfidious one will have a standard which will be raised for him according to the amount of his perfidy, and no one is more perfidious than the ruler of a community.” Muslim transmitted it.

Chapter 8: How to Conduct the Office of Qadi, and Fear of it - Section 2

We shall mention Umm Salama's tradition, “I judge between you only by my opinion", in the chapter on cases and depositions,* if God most high will.

Mishkat al-Masabih 3734

Anas reported God’s Messenger as saying, “If anyone desires and asks for the office of qadi he will be left to his own devices, but if anyone is forced to accept it God will send down an angle who will direct him aright.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

Chapter 9: How to Conduct the Office of Qadi, and Fear of it - Section 3

Mishkat al-Masabih 3741

'Abdallah b. Abu Aufa reported God’s Messenger as saying, “God is with the qadi as long as he is not tyrannical, but when he is He departs from him and the devil attaches himself to him.” A version has, “When he is tyrannical He leaves him to his own devices.”Tirmidhi and Ibn Majah transmitted it.

Chapter 13: Cases and Depositions - Section 1

Mishkat al-Masabih 3760

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.