The Book of the Etiquette of Judges

كتاب آداب القضاة

Chapter 11: Ruling According to the Consensus of the Scholars

It was narrated that 'Abdur-Rahman bin Yazid said

"The people asked 'Abdullah too many questions one day, and 'Abdullah said: 'There was a time when we did not pass so many judgments, but now that time is over. Now Allah, the Mighty and Sublime, has decreed that we reach a time when, as you see, (we are asked to pass many judgments). Whoever among you is asked to pass a judgment after this day, let him pass judgment according to what is in the Book of Allah. If he is faced with a matter that is not mentioned in the Book of Allah, let him pass judgment according to the way His Prophet [SAW] passed judgment. If he is faced with a matter that is not mentioned in the Book of Allah and concerning which His Prophet did not pass judgment, then let him pass judgment according to the way the righteous passed judgment. If he is faced with a matter that is not mentioned in the Book of Allah, and concerning which His Prophet and the righteous did not pass judgment, then let him strive to work it out, and let him not say 'I am afraid, I am afraid.' For that which is lawful is clear and that which is unlawful is clear, and between them are matters which are not as clear. Leave that which makes you doubt for that which does not make you doubt.'"

Chapter 22: Sparing Women the Need to Attend the Ruling

It was narrated that Abu Hurairah, Zaid bin Khalid and Shibl said

"We were with the Prophet [SAW] when a man stood up and said: 'I adjure you, by Allah, pass judgment between us according to the Book of Allah.' His opponent, who was wiser than him, stood up and said: 'He is right, pass judgment between us according to the Book of Allah.' He said: 'Speak.' He said: 'My son was a laborer serving this man, and he committed Zina with his wife. I ransomed him with one hundred sheep and a servant.' It is as if he was told that his son was to be stoned to death but he ransomed him from that. 'Then I asked some knowledgeable men and they told me that my son was to be given one hundred lashes and exiled for a year.' The Messenger of Allah [SAW] said to him: 'By the One in Whose hand is my soul, I will pass judgment between you according to the Book of Allah, the Mighty and Sublime. As for the one hundred sheep and the servant, take them back, and your son is to be given one hundred lashes and exiled for a year. O Unais, go tomorrow to the wife of this man and if she confesses, then stone her to death.' She did confess, so he stoned her to death."

Chapter 27: The Judge Suggesting Leniency

It was narrated from 'Urwah that 'Abdullah bin Az-Zubair narrated to him that

A man among the Ansar disputed with Az-Zubair concerning a stream in Al-Harrah from which they both used to water their date palm trees. The Ansari said: "Let the water flow," but he (Az-Zubair) refused. They brought their dispute to the Messenger of Allah [SAW]. The Messenger of Allah [SAW] said: "Irrigate (your land), O Zubair, then let the water flow to your neighbor." The Ansari became angry and said: "O Messenger of Allah, is it because he is your cousin?" The face of the Messenger of Allah [SAW] changed color (because of anger) and he said: "O Zubair, irrigate (your land) then block the water until it flows back to the walls." Az-Zubair said: "I think that this Verse was revealed concerning this matter: 'But no, by your Lord, they can have no faith.'"

Chapter 30: Passing Judgment in a Dispute Concerning a Little Wealth, or a Great Deal of Wealth

It was narrated from Abu Umamah that

The Messenger of Allah [SAW] said: "Whoever seizes the wealth of a Muslim unlawfully by means of his (false) oath, Allah makes the Fire required for him, Paradise unlawful for him." A man said to him: "O Messenger of Allah, even if it is something small?" He said: "Even if it is a twig of an Arak tree."

Chapter 35: Passing Judgment When There is no Evidence

It was narrated from Abu Musa

That two men referred a dispute to the Prophet [SAW] concerning an animal, and neither of them had any evidence, so he ruled that it be shared equally between them.

Chapter 36: The Judge Advising Disputants to Take an Oath

It was narrated from Nafi' bin 'Umar, that Ibn Abi Mulaikah said

"There were two female neighbors who used to do leatherwork (with an awl) in At-Ta'if. One of them came out with her hand bleeding and claimed that her companion had injured her, but the other one denied it. I wrote to Ibn 'Abbas concerning that. He wrote, (saying) that the Messenger of Allah [SAW] ruled that the person against whom the claim was made should swear an oath. For if people were to be given what they claimed was theirs, then people would make claims against the wealth and blood of others." So he called her and recited this Verse to her: "Verily, those who purchase a small gain at the cost of Allah's Covenant and their oaths, they shall have no portion in the Hereafter..." until the end of the Verse. He called her and recited that to her, and she confessed to that. News of that reached him and he was happy.

Chapter 37: How the Judge is to Ask People to Swear for an Oath

It was narrated that Abu Hurairah said

"The Messenger of Allah [SAW] said: 'Isa bin Mariam, peace be upon him, saw a man stealing, and said to him: Are you stealing? He said: No, by Allah besides Whom there is no other God! 'Isa, peace be upon him, said: I believe in Allah and I disbelieve my eyes.'"

Chapter 1: Virtue of the Judge Who is Just in Passing Judgement

It was narrated from 'Abdullah bin 'Amr bin Al-'As that

The Prophet [SAW] said: "Those who are just and fair will be with Allah, Most High, on thrones of light, at the right hand of the Most Merciful, those who are just in their rulings and in their dealings with their families and those of whom they are in charge." Muhammad (one of the narrators) said in his Hadith: "And both of His hands are right hands."

Chapter 8: Prohibition of Appointing Women for Judgment

It was narrated that Abu Bakrah said

"Allah protected me with something that I heard from the Messenger of Allah [SAW]. When Chosroes died, he said: 'Whom have they appointed as his successor?' They said: 'His daughter.' He said: 'No people will ever prosper who entrust their leadership to a woman.'"

Chapter 9: Passing Judgment on the Basis of a Comparison or Similarities, and Mentioning the Differences Reported From Al-Walid Bin Muslim In The Hadith Of Ibn 'Abbas

It was narrated that 'Abdullah bin 'Abbas said

"Al-Fadl bin 'Abbas was riding behind the Messenger of Allah [SAW] when a woman from Khath'am came to ask him a question. Al-Fadl started looking at her, and she at him, and the Messenger of Allah [SAW] turned the face of Al-Fadl the other way. She said: 'O Messenger of Allah, the command of Allah, the Mighty and Sublime, to His slaves to perform Hajj has come while my father is an old man, and he cannot sit firmly in the saddle; can I perform Hajj on his behalf?' He said: 'Yes.' That was during the Farewell Pilgrimage."

Chapter 10: Mentioning the Different Reports from Yahya Ibn Abi Ishaq

It was narrated from 'Abdullah bin 'Abbas that

A man asked the Messenger of Allah [SAW]: "The (command to perform) Hajj has come while my father is an old man and cannot sit firmly in the saddle, and if I tie him, I fear that he may die. Can I perform Hajj on his behalf?" He said: "Do you think that if he owed a debt you would pay it off for him?" He said: "Yes." He said: "Then perform Hajj on behalf of your father."

It was narrated from Al-Fadl bin 'Abbas, that

He was riding behind the Messenger of Allah [SAW], when a man came and said: "O Messenger of Allah, my mother is an old woman; if I put her on a mount she cannot sit firmly, and if I tie her, I fear that I may kill her." He said: "Do you think that if your mother owed a debt you would pay it off for her?" He said: "Yes." He said: "Then perform Hajj on behalf of your mother."

Chapter 11: Ruling According to the Consensus of the Scholars

It was narrated from Shuraih that

He wrote to 'Umar, to ask him (a question), and 'Umar wrote back to him telling him: "Judge according to what is in the Book of Allah. If it is not (mentioned) in the Book of Allah, then (judge) according to the Sunnah of the Messenger of Allah [SAW]. If it is not (mentioned) in the Book of Allah or the Sunnah of the Messenger of Allah [SAW], then pass judgment according to the way the righteous passed judgment. If it is not (mentioned) in the Book of Allah, or the Sunnah of the Messenger of Allah [SAW], and the righteous did not pass judgment concerning it, then if you wish, go ahead (and try to work it out by yourself) or if you wish, leave it. And I think that leaving it is better for you. And peace be upon you."

Chapter 15: The Judge is Allowed to Speak of Something That He Will Not Actually Do in Order to Establish the Truth

It was narrated from Abu Hurairah that

The Messenger of Allah [SAW] said: "Two women went out with two children of theirs, and the wolf attacked one of them and took her child. The next day they referred their dispute over the remaining child to Dawud, peace be upon him, and he ruled that (the child) belonged to the older woman. Then they passed by Sulaiman and he said: 'What is your story?' So they told him. He said: 'Bring me a knife and I will cut him in half (to be shared) between you.' The younger one said: 'Will you cut him in half?' He said: 'Yes.' She said: 'Do not do that; I will give my share of him to her.' He said: 'He is your child' and he ruled that he belonged to her."

Chapter 18: Mentioning What the Judge Should Avoid

It was narrated that 'Abdur-Rahman bin Abi Bakrah said

"My father wrote to 'Ubaidullah bin Abi Bakrah - who was the judge of Sijistan - saying: 'Do not pass judgment between two people when you are angry, for I heard the Messenger of Allah [SAW] say: No one should pass judgment between two people when he is angry.'"

Chapter 23: The Judge Turning Toward One Who Tells Him That He Has Committed Zina

It was narrated from Abu Umamah bin Sahl bin Hunaif that

A woman who had committed Zina was brought to the Prophet [SAW]. He said: "With whom?" She said: "With the paralyzed man who lives in the garden of Sa'd." He was brought and placed before (the Prophet [SAW]) and he confessed. The Messenger of Allah [SAW] called for a bunch of palm leaves and hit him. He took pity on him because of his disability and was lenient with him.

Chapter 24: The Judge Going to His People to Reconcile Between Them

Sahl bin Sa'd Al-Sa'idi said

"Words were exchanged between two clans of the Ansar, to the point that they began to throw rocks at one another. The Prophet [SAW] went to reconcile between them. The time for prayer came, so Bilal called Adhan and waited for the Messenger of Allah [SAW], but he was delayed. He said the Iqamah and Abu Bakr, may Allah be pleased with him, went forward (to lead the prayer). Then the Prophet [SAW] came while Abu Bakr was leading the people in prayer, and when the people saw him they clapped. Abu Bakr would not turn around when he was praying, but when he heard them clapping, he turned around and saw the Messenger of Allah [SAW]. He wanted to step back but (the Prophet [SAW]) gestured to him to stay where he was. Abu Bakr, may Allah be pleased with him, raised his hands, then he moved backward and the Messenger of Allah [SAW] came forward and led (the rest of) the prayer. When the Messenger of Allah [SAW] finished praying, he said: 'What prevented you from staying where you were?' He said: 'I would not like Allah to see the son of Abu Quhafah standing in front of His Prophet.' Then he (the Prophet [SAW]) turned to the people and said: 'If you noticed something while you were praying, why did you clap? That is for women. Whoever notices something while he is praying, let him say: "Subhan Allah."

Chapter 31: The Judge Passing a Judgment on Someone in Absentia, if he Knows Who he is

It was narrated that 'Aishah said

"Hind came to the Messenger of Allah [SAW] and said : 'O Messenger of Allah, Abu Sufyan is a stingy man who does not spend enough on my child and I. Can I take from his wealth without him realizing?' He said: 'Take what is sufficient for you and your child on a reasonable basis.'"

Chapter 32: Prohibition of Passing Two Judgments on One Issue

It was narrated that 'Abdullah bin Abi Bakrah, who was a governor in Sijistan, said

"Abu Bakrah wrote to me, saying: 'I heard the Messenger of Allah [SAW] say: No one should pass two judgments on one issue, and no one should pass judgment between two disputing parties while he is angry.'"

Chapter 34: The Most Quarrelsome of Opponents

It was narrated that 'Aishah said

"The Messenger of Allah [SAW] said: 'The most hated of men to Allah is the most quarrelsome of opponents.'"