The Offices of Commander and Qadi
كتاب الإمارة والقضاء
Chapter 9: How to Conduct the Office of Qadi, and Fear of it - Section 3
'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.
Said b. al-Musayyib told that a Muslim and a Jew brought a dispute before ‘Umar, and as he considered the Jew was in the right he pronounced judgment in his favour; but when the Jew said, “I swear by God that you have pronounced just judgment,” he struck him with the whip and asked him what caused him to know that. The Jew replied, “I swear by God that we find in the Torah that no qadi judges rightly without having an angel at his right hand and an angel at his left who direct him and dispose him to what is right as long as he adheres to the right; but when he abandons the right they ascend and leave him.” Malik transmitted it.
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.
Chapter 10: Provisions and Presents for Rulers - Section 1
Abu Huraira reported God's Messenger as saying, “What I give you and do not withhold from you I am just distributing, putting it where I have been commanded." Bukhari transmitted it.
Khaula al-Ansariya reported God’s Messenger as saying, “Men will unjustly acquire for themselves property which belongs to God, and on the day of resurrection they will go to hell." Bukhari transmitted it.
'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.
Chapter 11: Provisions and Presents for Rulers - Section 2
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.
God’s Messenger sent me to the Yemen, but when I set off he sent after me and I was brought back. He then said, “Do you know why I sent for you? Do not take anything without my permission, for it is unfaithful dealing, and he who acts unfaithfully will come on the day of resurrection with the unfaithful deeds he has done. This is why I called you. Now go off to your task." Tirmidhi 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.
'Adi b. ‘Amira reported God’s Messenger as saying, “If any of you people is put in an administrative post on our behalf and conceals from us a needle or more, he is acting unfaithfully and will bring it on the day of resurrection.” One of the Ansar then got up and said, “Messenger of God, take back from me my post.” He asked what that meant and he told him he had heard him say such and such. He replied, “And I say that. If we appoint anyone to an office he must bring what is connected with it, both little and much. What he is given he may take, but he must refrain from what is kept away from him.” Muslim and Abu Dawud transmitted it, the wording being the latter’s.
'Abdallah b. ‘Amr told that God’s Messenger cursed the one who bribes and the one who takes bribes. Abu Dawud and Ibn Majah transmitted it. Tirmidhi transmitted it on ‘Abdallah’s authority and on that of Abu Huraira. Ahmad and Baihaqi, in Shu'ab al-iman, transmitted it on the authority of Thauban, who added that the raish is the go-between regarding a bribe.
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.
Chapter 12: Provisions and Presents for Rulers - Section 3
Abu Umama reported God’s Messenger as saying, “If anyone intercedes for, someone and that one gives him for it a present which he accepts, he has been guilty of a serious type-of usury.” Abu Dawud transmitted it.
Chapter 13: Cases and Depositions - Section 1
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.”
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
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.
Umm Salama reported God’s Messenger as saying, “I am only a human being and you bring your disputes to me, some perhaps being more eloquent in their plea than others, so that I give judgment on their behalf according to what I hear from them. Therefore whatever I decide for anyone which by right belongs to his brother he must not take, for I am granting him only a portion of hell.” (Bukhari and Muslim.)
‘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.