The Offices of Commander and Qadi

‘Abdallah b. ‘Amr and Abu Huraira reportad God’s Messenger as saying, “When a judge gives a decision having tried his best to decide correctly and is right, he will have a double reward; and when he gives a decision having tried his best to decide correctly and is wrong, he will have a single reward.” (Bukhari and Muslim.)

Abu Huraira reported God’s Messenger as saying, “He who has been appointed a qadi among the people has been killed without a knife.”* Ahmad, Tirmidhi, Abu Dawud and Ibn Majah transmitted it.*This phrase has troubled commentators. Perhaps the best explanation is that he will have reason to repent of his manner of life, for there are many traditions which express disapproval of undertaking such an office. A somewhat ingenious explanation is that his evil characteristics must be cut away, this being a kind of slaughter.

‘Abdallah b. Mas'ud reported God’s Messenger as saying, “No judge who pronounces judgment among men will fail to come on the day of resurrection with an angel holding the back of his neck. He* will then raise his head to heaven, and if God gives orders to cast him down, he will cast him into an abyss forty years deep." Ahmad, Ibn Majah, and Baihaqi in Shu'ab al-lman transmitted it.*i.e. the angel.

Ibn Mauhib told that when ‘Uthman b. ‘Affan asked Ibn ‘Umar to act as qadi among the people he asked the commander of the faithful to excuse him. He asked him what objection he had to that when his father had been holding such an office, and he replied that it was because he had heard God’s Messenger say, “If anyone is a qadi and fulfils the office with justice he should rather turn away from it with neither credit nor blame.”* After that he did not ask him again. Tirmidhi transmitted it. * Or, ‘without reward or punishment’.Razin’s version on the authority of Nafi' tells that Ibn ‘Umar said to ‘Uthman, “Commander of the faithful, I shall not pronounce judgment between two men.” He replied, “Your father used to do so.” He said, “If anything was dubious to my father he asked God’s Messenger, and if anything was dubious to God’s Messenger he asked Gabriel, but I can find no one to ask, and I heard God’s Messenger say, ‘He who seeks refuge in God has sought refuge in a great One.’ I also heard him say, ‘Grant refuge to him who seeks refuge in God’, and I seek refuge in God from your making me a qadi." So he excused him, but said, “Do not tell anyone.”Razin.

'A’isha told that when Abu Bakr became caliph he said, “My people know that my trade was not incapable of supporting my family, but I have become occupied with the affairs of the Muslims, so Abu Bakr’s family will be supported from this property while he works for it on behalf of the Muslims." Bukhari transmitted it.

Buraida reported the Prophet as saying, “When we appoint someone to an administrative post and provide him with an allowance, anything he takes beyond that is unfaithful dealing." Abu Dawud transmitted it.

‘Umar said, “I held an administrative post in the time of God's Messenger, and he gave me payment for it." Abu Dawud transmitted it.

Al-Mustadrid b. Shaddad told that he heard the Prophet say, “He who acts as a governor for us must get a wife; if he has not a servant he must get one, and if he has not a dwelling he must get one.” A version says, “He who takes anything else than that is acting unfaithfully.” Abu Dawud transmitted it.

God’s Messenger sent ordering me to collect my weapons and clothing and come to him. I came to him when he was performing ablution, and he said, “I sent for you, ‘Amr, to dispatch you on a matter in which God will keep you safe and grant you booty, and I shall make you an allotment from the spoil.” I replied, “My emigration, Messenger of God, was not for the sake of property, but was only for the sake of God and His Messenger.” He said, “Honest property is good 1 for an honest man.” It is transmitted in Sharh as- sunna, and Ahmad transmitted something similar. His version has “Good is honest property 2 for an honest man.”1. Ni'imma bil mal as-salih.2. Ni'ma’ al-mal as-salih.

‘A'isha reported God’s Messenger as saying, “The man who is most hateful to God is the one who quarrels and disputes most.” (Bukhari and Muslim.)

Ibn ‘Abbas said that God's Messenger gave a decision on the basis of an oath and a single witness. Muslim transmitted it.

Zaid b. Khalid reported God’s Messenger as saying, “Shall I not tell you of the best witness? He is the one who produces his deposition before he is asked for it.” Muslim transmitted it.

Ibn Mas'ud reported God’s Messenger as saying, “The best of men are my generation, then those who come next to them, then those who come next to them. Afterwards people will come who will give testimony before swearing an oath and swear an oath before giving testimony.” (Bukhari and Muslim.)

Umm Salama told on the Prophet’s authority about two men, who brought a dispute before him about inheritances, but had no proof beyond their claim. He said, “If I give a decision in favour of one respecting what is rightly his brother’s I am allotting him only a portion of hell.” Thereupon both the men said, “Messenger of God, this right of mine may go to my brother,” but he replied, "No; rather go and divide it up, aiming at what is right, then draw lots, and let each of you consider the other to have what is legitimately his.” In a version he said, “I judge between you only by my opinion regarding matters about which no revelation has been sent down to me.” Abu Dawud transmitted it.

Ibn ‘Abbas told that the Prophet said to a man whom he had asked to take an oath, “Swear by God than Whom there is no god that you have nothing belonging to him,” i.e. the plaintiff. Abu Dawud transmitted it.

He told that a man of Kinda and a man of Hadramaut brought a dispute before God’s Messenger about land in the Yemen. The Hadrami said, “Messenger of God, this man’s father took my land forcibly from me, and it is in his hands.” He asked him if he had any proof, and he replied, “No, but I shall require him to swear by God he does not know it is my land which his father took forcibly from me.” The Kindi was prepared to take the oath, but when God’s Messenger said, “Anyone who appropriates property by an oath will meet God in a maimed condition,” the Kindi said, “It is his land.” Abu Dawud transmitted it.

Khuraim o. Fatik told that when God’s Messenger had finished praying the morning prayer he stood up and said three times, “False witness has been made equivalent to attributing a partner to God. He then recited, “So avoid the abomination of idols and avoid spreading falsehood as people pure of faith to God, not associating anything with Him." (Al-Qur’an, 22:30)Abu Dawud and Ibn Majah transmitted it and Ahmad and Tirmidhi transmitted it on the authority of Aiman b. Khuraim. Ibn Majah did not mention what he recited.

Abu Dharr told that he asked God’s Messenger to make him a governor, but he struck him on his shoulder with his hand and said, “You are weak, Abu Dharr, and it is a trust which will be a cause of shame and regret on the day of resurrection except for him who undertakes it as it ought to be undertaken and fulfils his duty in it.” In a version he said to him, “I see that you are weak, Abu Dharr, and I wish for you what I wish for myself. Do not accept rule over two people and do not become guardian of an orphan’s property.” Muslim transmitted it.

Two of my cousins on my father’s side and I went in to see the Prophet and one of them said, “Messenger of God, put us in command of part of what God has put in your charge,” the other also saying the same. He replied, “I swear by God that I will not put in charge, of this work anyone who asks for it, or anyone who is eager for it.” In a version he said, “We will not employ in our work one who wants it.” (Bukhari and Muslim.)

‘Abdallah b. ‘Amr b. al-‘As reported God’s Messenger as saying, “Those who act justly will be with God on pulpits of light* at the right hand of the Compassionate One, and both His hands are right. They are those who are just in their jurisdiction, towards their people and what is under their charge.” Muslim transmitted it.*This phrase is explained either in a literal sense, or as indicating their high station.