Sunan an-Nasa'i
The Book of the Etiquette of Judges
كتاب آداب القضاة
Chapter 30
الْقَضَاءِ فِي قَلِيلِ الْمَالِ وَكَثِيرِهِ
It was narrated from Abu Umamah that the Messenger of Allah said: ‘Whoever takes a Muslim’s right by means of an oath, Allah has made the Fire due for him and forbidden Paradise to him.’ A man asked, ‘Even if it is something slight, O Messenger of Allah?’ He replied, ‘Even if it is a twig from an arak tree.’
Translation notes
The Arabic says ‘by his oath’; the context is the wrongful taking of another person's right through an oath.
Chapter 31
قَضَاءِ الْحَاكِمِ عَلَى الْغَائِبِ إِذَا عَرَفَهُ
It was narrated that Aishah said: Hind came to the Messenger of Allah and said, ‘O Messenger of Allah, Abu Sufyan is a miserly man who does not spend enough on me and my child. May I take some of his wealth without his knowing?’ He replied, ‘Take what is sufficient for you and your child, according to what is reasonable.’
Chapter 32
النَّهْىِ عَنْ أَنْ يُقْضَى فِي قَضَاءٍ بِقَضَاءَيْنِ
It was narrated that Abdullah bin Abi Bakrah, who was a governor in Sijistan, said: Abu Bakrah wrote to me, ‘I heard the Messenger of Allah say: No one should issue two rulings in a single case, and no one should judge between two disputing parties while angry.’
Chapter 33
مَا يَقْطَعُ الْقَضَاءُ
It was narrated from Umm Salamah that the Messenger of Allah said: ‘You bring your disputes to me, but I am only a human being. Some of you may be more persuasive in presenting your case than others, and I judge according to what I hear. If I rule in someone’s favor by granting him any part of his brother’s right, then I am only giving him a piece of Fire.’
Chapter 34
الأَلَدِّ الْخَصِمِ
It was narrated that Aishah said: The Messenger of Allah said, ‘The person most hateful to Allah is the one who is stubbornly contentious.’
Chapter 35
الْقَضَاءِ فِيمَنْ لَمْ تَكُنْ لَهُ بَيِّنَةٌ
It was narrated from Abu Musa that two men brought a dispute to the Prophet over an animal. Neither had evidence, so he ruled that it be divided equally between them.
Chapter 36
عِظَةِ الْحَاكِمِ عَلَى الْيَمِينِ
It was narrated from Nafi ibn Umar that Ibn Abi Mulaykah said: Two women were sewing leather in at-Taif. One came out with her hand bleeding and claimed that her companion had injured her, while the other denied it. I wrote to Ibn Abbas about this, and he replied that the Messenger of Allah ﷺ ruled that the oath is incumbent upon the defendant. If people were granted what they claimed, some would lay claim to other people's property and blood. So summon her and recite to her this verse: ‘Indeed, those who sell Allah’s covenant and their oaths for a small price will have no share in the Hereafter’ (until the end of the verse). I summoned her and recited it to her, and she confessed. That pleased him.
Chapter 37
كَيْفَ يَسْتَحْلِفُ الْحَاكِمُ
It was narrated that Abu Said al-Khudri said: Muawiyah (may Allah be pleased with him) said: The Messenger of Allah ﷺ came upon a gathering—meaning, a gathering of his Companions—and asked, ‘What has brought you together here?’ They replied, ‘We have gathered to call upon Allah and praise Him for guiding us to His religion and blessing us with you.’ He asked, ‘By Allah, is that the only reason you have gathered?’ They said, ‘By Allah, that is the only reason we have gathered.’ He said, ‘I did not ask you to swear because I suspected you. Rather, Jibril came to me and told me that Allah, the Mighty and Majestic, is boasting of you before the angels.’
It was narrated that Abu Hurayrah said: The Messenger of Allah ﷺ said: Jesus son of Mary (peace be upon him) saw a man stealing and asked him, ‘Are you stealing?’ He replied, ‘No, by Allah, besides whom there is no god.’ Jesus (peace be upon him) said, ‘I believe in Allah and disbelieve my eyes.’