The Book of the Etiquette of Judges

كتاب آداب القضاة

Chapter 29: The Ruler Preventing His Flock From Wasting Their Wealth When They Have Need Of It

It was narrated that Jabir bin 'Abdullah said

"A man among the Ansar stated that his salve was to be set free after he died; he was in need, and he owed a debt. The Messenger of Allah [SAW] sold him (the slave) for eight hundred Dirhams, and he gave (the money) to him and said: 'Pay off your debt and spend on your dependents.'"

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 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 33: What May Cancel a Judgment

It was narrated that Umm Salamah said

"The Messenger of Allah [SAW] said: 'You refer your disputes to me, but I am only human. And some of you may be more eloquent in arguing their case than others, and I may pass judgment on the basis of what I hear. If I pass judgment in favor of one of you against his brother's rights, then it is a piece of the fire that I am giving him.'"

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.'"

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 Sa'eed Al-Khudri said

"Mu'awiyah, (may Allah be pleased with him,) said: 'The Messenger of Allah [SAW] went out to a circle - meaning, of his Companions - and said: 'What are you doing?' They said: 'We have come together to pray to Allah and praise Him for guiding us to His religion, and blessing us with you.' He said: 'I ask you, by Allah, is that the only reason?' They said: 'By Allah, we have not come together for any other reason.' He said: 'I am not asking you to swear to an oath because of any suspicion; rather Jibril came to me and told me that Allah, the Mighty and Sublime, is boasting of you to the angels.'"

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.'"