Bk 18 Pertaining to Judicial Decisions (Kitab
Al−Aqdiyya)
Chapter 1: IT IS THE DEFENDANT WHO SHOULB SWEAR (TO PROVE HIS
INNOCENCE)
Bk 18, Number 4244:
Ibn Abbas reported Allah's Apostle (may peace be upon him) as
saying: If the people were given according to their claims,
they would claim the lives of persons and their properties,
but the oath must be taken by the defendant.
Bk 18, Number 4245:
Ibn 'Abbas reported that Allah's Messenger (may peace be upon
him) pronounced judgment on the basis of oath by the
defendant.
Bk 18, Number 4246:
Ibn 'Abbas reported that Allah's Messenger (may peace be upon
him) pronounced judgment on the basis of an oath and a witness
(by the plaintiff).
Chapter 2: JUDGMENT IS TO BE PRONOUNCED ON EVIDENCE, AND ONE
WHO IS ELOQUENT IN HIS PLEA (MAY WIN THE CASE)
Bk 18, Number 4247:
Umm Salama reported Allah's Messenger (may peace be upon him)
as saying: You bring to me, for (judgment) your disputes, some
of you perhaps being more eloquent in their plea than others,
so I give judgment on their behalf according to what I hear
from them. (Bear in mind, in my judgment) if I slice off
anything for him from the right of his brother, he should not
accept that, for I sliced off for him a portion from the Hell.
Bk 18, Number 4248:
This hadith has been narrated on the authority of Hisham with
the same chain of transmitters.
Bk 18, Number 4249:
Umm Salama, the wife of Allah's Apostle (may peace be upon
him), reported that Allah's Messenger (may peace be upon him)
heard the clamour of contenders at the door of his apartment.
He went to them, and said: I am a human being and the
claimants bring to me (the dispute) and perhaps some of them
are more eloquent than the others. I judge him to be on the
right, and thus decide in his favcur. So he whom I, by my
judgment, (give the undue share) out of the right of a
Muslim,. I give him a portion of Fire; he may burden himself
with it or abandon it.
Bk 18, Number 4250:
This hadith has been transmitted on the authority of Ma'mar
with a slight variation of words.
Bk 18, Number 4251:
A'isha reported: Hind. the daughter of 'Utba, wife of Abu
Sufyan, came to Allah's Messenger (may peace be upon him) and
said: Abu Sufyan is a miserly person. He does not give
adequate maintenance for me and my children, but (I am
constrained) to take from his wealth (some part of it) without
his knowledge. Is there any sin for me? Thereupon Allah's
Messenger (may peace be upon him) said: Take from his property
what is customary which may suffice you and your children.
Bk 18, Number 4252:
This hadith has been narrated on the authority of Hisham with
the same chair of transmitters.
Bk 18, Number 4253:
A'isha reported that Hind came to Allah's Apostle (may peace
be upon him) and said: Messenger of Allah, by Allah, there was
no other household upon the surface of the earth than your
household about which I cherished Allah bringing disgrace upon
it, (and now) there is no other household upon the surface of
the earth than your household about which I cherish Allah
granting it honour. Allah's Apostle (may peace be upon him)
said: It is so, by Him in Whose Hand is my life She said:
Allah's Messenger, Abu Sufyan is a niggardly person. Is there
any harm for me if I spend upon his children out of his wealth
without his permission? Thereupon Allah's Apostle (may peace
be upon him) said: There is no harm for you if you spend upon
them what is reasonable.
Bk 18, Number 4254:
A'isha reported that Hind, daughter of Utba h. Rabi', came to
Allah's Messenger (may peace be upon him) and said: Allah's
Messenger, by Allah, there was no household upon the surface
of the earth than your household about which I cherished that
it should be disgraced. But today there is no household on the
surface of the earth than your household about which I cherish
that it be honoured Thereupon Allah's Messenger (may peace be
upon him) said. It will increase, by Him in Whose Hand is my
life. She then said: Messenger of Allah, Abu Sufyan is a
niggardly person; is there any harm for me if I spend out of
that which belongs to him on our children? He said to her: No,
but only that what is reasonable.
Chapter 3: IT IS FORBIDDEN TO ASK MANY QUESTIONS AND WASTING
OF WEALTH
Bk 18, Number 4255:
Abu Huraira reported Allah's Messenger (may peace be upon him)
as saying: Verily Allah likes three things for you and He
disapproves three things for you. He is pleased with you that
you worship Him and associate nor anything with Him, that you
hold fast the rope of Allah, and be not scattered; and He
disapproves for you irrelevant talk, persistent questioning
ane the wasting of wealth.
Bk 18, Number 4256:
This hadith has been narrated on the authority of Suhail with
the same chain of transmitters, but with a slight variation of
words.
Bk 18, Number 4257:
Mughira b. Shu'ba reported Allah's Messenger (may peace be
upon him) as saying: Verity Allah, the Glorious and Majestic,
has forbidden for you: disobedience to mothers, and burying
alive daughters, withholding the right of others in spite of
having the power to return that to them and demanding that
(which is not one's legitimate right). And He disapproved
three things for you; irrelevant talk, persistent questioning
and wasting of wealth.
Bk 18, Number 4258:
A hadith like this has been trransmitted on the authority of
Mansur with a slight vairiation of words.
Bk 18, Number 4259:
Sha'bi reported that the scribe of al−Mughira b. Shu'ba said:
Mu'awiya wrote to Mughira: Write for me something which you
heard from Allah's Messenger (may peace be upon him) ; and he
wrote: I heard Allah's Messenger (may peace be upon him) as
saying. Verily Allah disapproves three thingq for you:
irrelevant talk, wasting of wealth and persistent questioning.
Bk 18, Number 4260:
Warrad reported that al−Mughira wrote to Mu'awiya: Peace be
upon you, and then coming to the poirt (I should say) that I
heard Allah's Messenger (may peace be upon him) as saying:
Verily Allah has Prohibited three things and has forbidden
three things. He has declared absolutely haram the
disobedience of father, burying of daughters alive, and
withholding that which you have power to return, and has
forbidden three things: irrelevant talk, persistent
questioning, and wasting of wealth.
Chapter 4: THE REWARD OF THE JUDGE WHEN HE TRIES TO ARRIVE AT
A DECISION, WHETHER THAT DECISION IS CORRECT OR INCORRECT
Bk 18, Number 4261:
'Amr b. al−'As reported that he heard Allah's Messenger (may
peace be upon him) as saying: When a judge gives a decision,
having tried his best to decide correctly and is right, there
are two rewards for him; and if he gave a judgment after
having tried his best (to arrive at a correct decision) but
erred, there is one reward for him.
Bk 18, Number 4262:
This hadith has been narrated on the authority of Abu Huraira
with another chain of transmitters.
Bk 18, Number 4263:
This hadith has been transmitted on the authority of Usama b.
al−Had al−Laithi.
Chapter 5: IT IS NOT DESIRABLE TO GIVE JUDGMENT IN A FIT OF
RAGE
Bk 18, Number 4264:
Abd al−Rabmin b. Abu Bakra reported: My father dictated (and I
wrote for him) to Ubaidullah b. Abu Bakra while he was the
judge of Sijistan: Do not judge between two persons when you
are angry, for I have heard Allah's Messenger (may peace be
upon him) as saying: None of you should judge between two
persons when he is angry.
Bk 18, Number 4265:
This hadith has been narrated on the authority of 'Abd
al−Rahman b. Abu Bakra through another chain of transmitters.
Chapter 6: REJECTING OF THE WRONG THINGS AND THE INNOVATIONS
(IN RELIGION)
Bk 18, Number 4266:
'A'isha reported Allah's Messenger (may peace be upon him) as
saying: He who innovates things in our affairs for which there
is no valid (reason) (commits sin) and these are to be
rejected.
Bk 18, Number 4267:
Sa'd b. Ibrahim reported: I asked Qasim b. Muhammad about a
person who had three dwelling houses and he willed away the
third part of every one of these houses; he (Qasim b.
Muhammad) said: All of them could be combined in one house;
and then said: 'A'isha informed me that Allah's Messenger (may
peace be upon him) said: He who did any act for which there is
no sanction from our behalf, that is to be rejected.
Chapter 7: AN EXCELLENT WITNESS
Bk 18, Number 4268:
Zaid b. Khalid al−Juhani reported Allah's Apostle (may peace
be upon him) as saying: Should I not tell you of the best
witnesses? He is the one who produces his evidence before he
is asked for it.
Chapter 8: THE DIFFERENCE OF THOSE WHO ENDEAVOUR TO ARRIVE AT
THE CORRECT DECISION
Bk 18, Number 4269:
Abu Huraira reported Allah's Apostle (may peace be upon him)
as saying: While two women had been going along witn their two
sons, a wolf came and made away with the child of one of them.
One of them said to her companion: It is with your child that
it (the wolf) has run away The other one said: It has run away
with your child. They brought the matter to (Hadrat) Dawud
(David) for decision and he made a decision in favour of the
elder one. They then went to Sulaiman b. Dawud (may there be
peace upon both of them) and told them (the story). He said:
Bring me a knife so that I may cut him (the child) (into two
parts) for you. The younger one said: No, it can't be, may
Allah have mercy upon you, he (the child) belongs to her (the
elder). So he gave a decision in favour of the younger one.
abu Huraira said: If ever I heard of the word as−sikin at all,
it was that day. We called it by no other name but al−Mudya.
Bk 18, Number 4270:
This hadith has been narrated on the authority of Abu az−Zinad
with the same chain of transmitters.
Chapter 9: IT IS MERITORIOUS FOR A JUDGE TO BRING ABOUT
CONCILIATION BETWEEN TWO CONTENDING PERSONS OR PARTIES
Bk 18, Number 4271:
Hammim b. Munabbih said: Abu Huraira reported (so many)
ahadith of Allah's Messenger (may peace be upon him), and one
of them is this: A person bought from another person a piece
of land, and the person who had, bought that land found in it
an earthen ware which contained gold. The person who had
bought the land said (to the seller of the land): Take your
gold from me, for I bought only the land from you and not the
gold. The man who had sold the land said: I sold the land to
you and whatever was in it. They referred the matter to a
person. One who was made as a judge said to them: Have you any
issue? One of them said: I have a boy, and the other said: I
have a young daughter He (the judge) said: Marry this young
boy with the girl, and spend something on yourselves and also
give (some) charity out of it.
Chapter 10: STRAY THING FOUND BY ANYONE
Bk 18, Number 4272:
Zaid b. Khalid al−Juhani reported: A man came to Allah's
Apostle (may peace be upon him) and asked him about picking up
of stray articles. He said: Recognise (well) its bag and the
strap (by which it is tied) then make announcement of that for
a year. If its owner comes (within this time return that to
him), otherwise it is yours. He (again) said: (What about) the
lost goat? Thereupon he (the Holy Prophet) said: It is yours
or for your brother, or for the wolf. He said: (What about)
the lost camel? Thereupon he said: You have nothing to do with
it; it has a leather bag along with it, and its shoes also. It
comes to the watering−place, eats (the leaves of the) trees
until its master finds him.
Bk 18, Number 4273:
Zaid b. Khalid al−Juhani reported that a person asked Allah's
Apostle (may peace be upon him) about picking up of stray
articles, whereupon he said: Make announcement about it for a
year, and recognise well the strap and the bag (containing
that) ; then spend that; and if its owner comes, make him the
payment of that. He (the inquirer) said: Messenger of Allah,
what about the lost goat? he said: Take it, for that is yours
or for your brother, or for the wolf. He (again) said: (What
about) the lost camel? The Messenger of Allah (may peace be
upon him) was enraged until his cheeks became red (or his face
became red) and then said: You have nothing to do about that;
it has feet and a leather bag (to quench its thirst) until its
owner finds it.
Bk 18, Number 4274:
This hadith has been narrated on the authority of Rabi'a b.
Abu Abd al−Rahman with the same chain of transmitters but with
this addition:" There came a person to Allah's Messenger (may
peace be upon him) while I was with him, and he asked him
about picking up of a stray article, and he said: When none
comes to demand it, then spend that."
Bk 18, Number 4275:
Zaid b. Khalid al−Juhani reported. There came to Allah's
Messenger (may peace be upon him) a person, the rest of the
hadith is the same but with the variation (of these words):
His face became red, his forehead too, and he felt annoyed;
and made an addition after the words: He should make
announcement of that for a year, and if its owner does not
turn up, then it is a trust with you.
Bk 18, Number 4276:
Zaid b. Khalid al−Juhani, the Companion ot Allah's Messenger
(may peace be upon him), said that Allah's Messenger (may
peace be upon him) was asked about the picking up of stray
gold or silver, whereupon he said: Recognise well the strap
and the bag (containing) that and then make an announcement
regarding that for one year, but if none recognises it, then
spend that and it would be a trust with you; and if someone
comes one day to make demand of that, then pay that to him. He
(the inquirer) asked about the lost camel, whereupon he said:
You have nothing to do with that. Leave that alone, for it has
feet and also a leather bag, it drinks water, and eats (the
leaves) of the trees. He asked him about sheep, whereupon he
said: Take it, it is for you, or for your brother, or for the
wolf.
Bk 18, Number 4277:
Zaid b. Khalid al−Juhani reported: A person asked Allah's
Apostle (may peace be upon him) about a lost camel; Rabi'a
made this addition: He (the Holy Prophet) was so much annoyed
that his cheeks became red." The rest of the hadith is the
same. He (the narrator) made this addition:" If its (that of
the article) owner comes and he recognises the bag (which
contained it) and its number, and the strap. then give that to
them, but if not, then it is for you."
Bk 18, Number 4278:
Zaid b. Khalid al−Juhani reported that Allah's Messenger (may
peace be upon him) was asked about picking up of stray things,
whereupon he said: Make announcement of that for one year, but
if it is not recognised (by the owner), then recognise its big
and strap, then eat it; and if its owner comes, then give that
to him. This hadith has been narrated on the authority of
Al−Dahhak b. Uthman with the same chain of transmitters but
with a slight variation of words.
Bk 18, Number 4279:
Salama b. Kuhail reported: I heard Sowaid b. Ghafala say: I
went out, and also Zaid b. Suhan and Salman b. Rabi'a for
Jibad, and I found a whip and took it up. They said to me:
Leave it. I said: No. but I will make announcement of it and
if its owner comes (then I will return that), otherwise I will
use it, and I refused them. When we returned from Jihad. by a
good fortune for me, I performed Pilgrimage. I came to Medina
and met Ubayy b. Ka'b, and related to him the affair of the
whip and their opinion (the opinion of Zaid b. Suhan and
Salman b. Rabi'a) about it (i. e. I should throw it).
Thereupon he said: I found a money bag during the lifetime of
Allah's Messenger (may peace be upon him) which contained one
hundred dinars. I came to him along with it, and he said: Make
an announcement of it for one year; so I announced it, but did
not find anyone who could (claim it after) recognising it. I
again came to him and he said: Make announcement for one year.
So I made announcement of it, but I found none who could
recognise it. I came to him he said: Make announcement of it
for one year. I made announcement of that but did not find one
who could recognise it, whereupon he said: Preserve (in your
mind) its number, its bag and its strap, and if its owner
comes (then return that to him), otherwise make use of it. So
I made use of that. I (Shu'ba) met him (Salama b. Kuhail)
after this in Mecca, and he said: I do not know whether he
said three years or one year.
Bk 18, Number 4280:
Shu'ba reported: Salama b. Kuhail informed me or he informed
people and I was among them. He said: I heard Sawaid b.
Ghafala who reported: I went out along with Zaid b. Suhan and
Salman b. Rabi'a, and found a whip, the rest of the hadith is
the same up to the words:" I made use of that." Shu'ba said: I
heard him say after ten years, that he made an announcement of
it for one year.
Bk 18, Number 4281:
This hadith has been narrated on the authority of Salama b.
Kuhail through different chains of transmitters. In their
ahadith, it is three years, except in the hadith of Hammid b.
Salama it is two years or three years. In the hadith
transmitted on the authority of Sufyan and Zaid b. Abu Unaisa
and Hammid b. Salama (the words are):" If someone comes and
informs you about the number (of articles) of the bag and the
straps, then give that to him." Sufyan has made this addition
in the narration of Waki':" Otherwise it is like your
property." And in the narration of Ibn Numair the words are:"
Otherwise make use of that."
Chapter 11: STRAY THINGS OF THE PILGRIMS
Bk 18, Number 4282:
'Abd al−Rahman b. 'Uthman al−Taimi reported that Allah's
Messenger (may peace be upon him) forbade taking into custody
the stray thing of the pilgrims.
Bk 18, Number 4283:
Zaid b. Khalid al−Juhani reported Allah's Messenger (may peace
be upon him) as sayin.: He who found a stray article is
himself led astray if he does not advertise it.
Chapter 12: IT IS FORBIDDEN TO MILK AN ANIMAL WITHOUT THE
PERMISSION OF ITS OWNER
Bk 18, Number 4284:
Ibn 'Umar reported Allah's Messenger (may peace be upon him)
having said this: None (of you) should milk the animal of
another, but with his permission. Does any one of you like
that his chamber be raided, and his vaults be broken, and his
foodstuff be removed? Verily the treasures for them (those who
keep animals) are the udders of the animals which feed them.
So none of you should milk the animal of another but with his
permission.
Bk 18, Number 4285:
This hadith has been narrated through another chain of
transmitters with a slight variation of words.
Chapter 13: ENTERTAINMENT OF THE GUEST
Bk 18, Number 4286:
Abd Shuraib al−Adawi reported: My eare listened and my eye saw
when Allah's Messenger (may peace be upon him) spoke and said:
He who believes In Allah and the eireafter should show respect
to the guest even with utmost kindness and courtesy. They
said: Messenger of Allah, what is this utmost kindness and
courtesy? He replied: It is for a day and a night. Hospitality
extends for three days, and what is beyond that is a Sadaqa
for him; and he who believes in Allah and the Hereafter should
say something good or keep quiet.
Bk 18, Number 4287:
Abu Shuriah al−Khuza'i reported Allah's Messenger (may peace
be upon him) as saying: (The period of the entertainment of a
guest is three days, and utmost kindness and courtesy is for a
day and a night. =" It is not permissible for a Muslim to stay
with, his brother until he makes him sinful. They said:
Messenger of Allah, how he would make him sinful? He (the Holy
Prophet) said: He stays with him (so long) that nothing is
left with him to entertain him.
Bk 18, Number 4288:
Sa'id al−Maqburi reported: I heard Abu Shuraih al−Khuzill
saying: My ears heard and my eyes saw and my mind retained it,
when Allah's Messenger (may peace be upon him) spok this, and
he then narrated the hadith and made mention of this:" It is
not permissible for any one of you to stay with his brother
until he makes him sinful."
Bk 18, Number 4289:
'Uqba b. Amir reported: We said to Allah's Messenger (may
peace be upon him): You send us out and we come to the people
who do not give us hospitality, so what is your opinion?
Thereupon Allah's Messenger (may peace be upon him) said: If
you come to the people who order for you what is befitting a
guest, accept it; but if they do not. take from them what
befits them to give to a guest.
Chapter 14: IT IS MERITORIOUS TO SPEND THE SURPLUS WEALTH FOR
ONE'S BROTHER
Bk 18, Number 4290:
Abu Sa'id al−Khudri reported: While we were with the Apostle
of Allah (may peace be upon him) on a journey, a person came
upon his mount and began to stare on the right and on the
left, (it was at this moment) that Allah's Messenger (may
peace be upon him) said: He who has an extra mount should give
that to one who has no mount for him, and he who has surplus
of provisions should give them to him who has no provisions,
and he made mention of so many kinds of wealth until we were
of the opinion that none of us has any right over the surplus.
Chapter 15: IN CASE THE PROVISIONS RUN SHORT, THESE SHOULD BE
POOLED
Bk 18, Number 4291:
Iyas b. Salama reported on the authority of his father: We set
out on an expedition with, Allah's Messenger (may peace be
upon him). We facts hardship (in getting provisions) until we
decided to slaughter some of our riding animals. Allah's
Apostle (may peace be upon him), commanded us to pool our
provisions of food. So we spread a sheet of leather and the
provisions of the people were collected on it. I stretched
myself to measure how much that was (the length and, breadth
of the sheet on which the provisions were laid). I measured it
and (found) that it was (in length and breadth) of (so much
size) on which a goat could sit. We were fourteen hudnred
persons. We (all) ate until we were fully satisfied and then
filled our bags with provisions. Then Allah's Apostle (may
peace be upon him) said: Is there any water for performing
ablution. Then there came a man with a small bucket containing
some water. He threw it in a basin. We all fourteen hundred
persons performed ablution using the water in plenty. Then
there came after that eight persons and they said: Is there
any water to perform ablution? Thereupon Allah's Messenger
(may peace be upon him) said: The ablution has already been
performed.
