14. Judgments

Narrated Buraida (RA) Allah's Messenger (ﷺ) said: "al-Qudat (judges) are of three types, two of whom will go to Hell and one to Paradise. The one who will go to Paradise is a man who knows what is right and gives judgement accordingly. However, a man who knows what is right, and does not give judgement accordingly and acts unjustly in his judgement, will be in the Hell-fire. Likewise, a man who does not know what is right and judges people with ignorance, will be in the Hell-fire." [Reported by al-Arba'a, and al-Hakim graded it Sahih (authentic)]. Narrated Abu Hurairah (RA): Allah's Messenger (ﷺ) said: "He who has been appointed a Qadi (judge) has been slaughtered without a knife." [Reported by Ahmad and al-Arba'a. Ibn Khuzaimah and Ibn Hibban graded it Sahih (authentic)]. Narrated [Abu Hurairah (RA)]: Allah's Messenger (ﷺ) said: "You will eagerly seek out the office of governorship, but it will become a cause of regret on the Day of Resurrection. How excellent it is as a Murdi'ah (wet nurse)! And how evil it is as a Fatimah (one who weans)! [Reported by al-Bukhari]. Narrated 'Amr bin al-'Aas (RA): He heard Allah's Messenger (ﷺ) say, "When a judge gives a ruling, having tried his best to decide correctly, and is right (in his decision), he will have a double reward; and when he gives a ruling having tried his best to decide correctly, and is wrong (in his decision), he will have a single reward." [Agreed upon]. Narrated Abu Bakrah (RA): I heard Allah's Messenger (ﷺ) say, "No judge should give judgement between two people while he is angry." [Agreed upon]. Narrated 'Ali (RA): Allah's Messenger (ﷺ) said: "When two men bring a case before you, do not decide in favor of the first till you hear what the other has to say, then you will know how to judge." 'Ali (RA) said: "Since then, I have continued to judge (in accordance with that)." [Reported by Ahmad, Abu Dawud and at-Tirmidhi. The latter graded it Hasan (good), while Ibn al-Madini graded it Qawi (strong), and Ibn Hibban graded it Sahih (authentic).] It has a Shahid (supporting narration) reported by al-Hakim from the Hadith of Ibn 'Abbas. Narrated Umm Salamah (RA): Allah's Messenger (ﷺ) said: "Indeed, you bring your disputers to me, and perhaps some of you are more eloquent in their plea than others, so that I give judgement on their behalf according to what I hear from them. Therefore, whatever I rule for anyone which by right belongs to his brother, I am only granting him a portion of Hell-fire." [Agreed upon]. Narrated Jabir (RA): I heard Allah's Messenger (SAW0 saying, "How could an Ummah (people) be purified (of its sins) where the right of its weak is not taken from its strong." [Reported by Ibn Hibban]. It has a Shahid (supporting narration) from the Hadith of Buraida, reported by al-Bazzar. And another [Shahid (supporting chain)] from the Hadith of Abu Sa'id, reported by Ibn Majah. Narrated 'Aishah (RA): I heard Allah's Messenger (ﷺ) saying, "the just Qadi (judge) will be called (forth) on the Day of Resurrection and he will wish he had never given judgement even between two men throughout his life, due to the severity of the account he will face." [Reported by Ibn Hibban. al-Baihaqi reported it with the wording: "...concerning a single tamrah (date fruit). Narrated Abu Bakrah (RA): The Prophet (ﷺ) said: "A people who make a woman their ruler will never be successful." [Reported by al-Bukhari]. Narrated Abu Maryam al-Azdi (RA): The Prophet (ﷺ) said: "Whoever is placed by Allah over any matter of the affairs of the Muslims, and then conceals himself (i.e. holds back) from dealing with their needs and their poor (people), Allah will conceal Himself (i.e. hold back) from fulfilling his needs." [Abu Dawud and at-Tirmidhi reported it]. Narrated Abu Hurairah (RA): Allah's Messenger (ﷺ) cursed the one who bribes and the one who takes bribes to influence the judgement. [Reported by Ahmad and al-Arba'a. at-Tirmidhi graded it Hasan (good), and Ibn Hibban graded it Sahih (authentic). It has a Shahid (supporting narration) from 'Abdullah bin 'Amr's Hadith, reported by al-Arba'a except an-Nasa'i]. Narrated 'Abdullah bin az-Zubair (RA): Allah's Messenger (ﷺ) ruled that the two opposing parties in a dispute should sit in front of the judge. [Reported by Abu Dawud. al-Hakim graded it Sahih (authentic)].

Witnesses

Narrated Zaid bin Khaled al-Juhani (RA): The Prophet (ﷺ) said: "Shall I not inform you who is the best witness? He is the one who produces his testimony before he is asked for it." [Reported by Muslim]. Narrated 'Imran bin Husain (RA): Allah's Messenger (ﷺ) said: "Verily! The best of you (i.e. Muslims) are my generation, then their immediate followers, then their immediate followers. After them there will be people who will give (false) testimony without being asked (to testify), who will be treacherous and are not to be trusted, who will make vows and will not fulfill them, among whom obesity will appear." [Agreed upon]. Narrated 'Abdullah bin 'Umar (RA): Allah's Messenger (ﷺ) said: "It is not permissible to accept the testimony of a man or a woman who does not fulfill their trusts, or of one who harbors a grudge against his brother, or the testimony of one who is dependent on a family (to testify) for members of the family." [Reported by Ahmad and Abu Dawud]. Narrated Abu Hurairah (RA): He heard Allah's Messenger (ﷺ) say. "The testimony of a bedouin against a city dweller is not permissible." [Reported by Abu Dawud and Ibn Majah]. Narrated 'Umar bin al-Khattab (RA): He addressed the people and said, "People were sometimes judged by the revealing of a Divine Revelation during the lifetime of Allah's Messenger (ﷺ), but now the Divine Revelation has been discontinued [i.e. there is no longer any new revelation coming]. Now we judge you by the deeds you practice publicly." [Reported by al-Bukhari]. Narrated Abu Bakra (RA): The Prophet (ﷺ) considered Shahadah az-Zur (giving false testimony) among the most serious of major sins. [al-Bukhari and Muslim reported it in a long Hadith]. Narrated Ibn 'Abbas (RA): The Prophet (ﷺ) said to a man, "Do you see the sun?" He replied, "Yes." He said, "Give witness in a similar case [which is as clear as the sun], or leave it." [Ibn 'Adi reported it with a Da'if (weak) chain or narrators, and al-Hakim graded it Sahih (authentic), but he was mistaken]. Narrated Ibn 'Abbas (RA): Allah's Messenger (ﷺ) ruled on the basis of an oath and a single witness. [Muslim, Abu Dawud and an-Nasa'i reported it, the latter said that it has a Jayyid (good) chain or narrators]. Narrated Aby Hurairah (RA): Something similar to the aforesaid Hadith. [Abu Dawud and at-Tirmidhi reported it. Ibn Hibban graded it Sahih (authentic)].

Cases and evidence

Narrated Ibn 'Abbas (RA): The Prophet (ﷺ) said: "If people were given whatever they claimed (in disputes), some people would claim the lives and wealth of others; but the oath (of denial) must be taken by the defendant." [Agreed upon]. al-Baihaqi has reported with a Sahih (authentic) chain of narrators: "But the proof (Bayyinah) lies on the one who is making the claim, and the other (Yamin) must be taken by the one who rejects the claim." Narrated Abu Hurairah (RA): The Prophet (ﷺ) suggested to some people that they should take an oath (Yamin) and when they hastened to do so he ordered that lots should be cast among them concerning the oath, as to which of them should take it. [Reported by al-Bukhari]. Narrated Abu Umamah al-Harithi (RA): Allah's Messenger (ﷺ) said. "If anyone seized - by his oath - what rightly belongs to a Muslim, Allah has made the Hell-fire compulsory for him and forbidden for him the Paradise." A man asked, "O Allah's Messenger, even if it were something insignificant?" He replied, "Even if it were a stick from an Arak tree." [Reported by Muslim]. Narrated al-Ash'ath bin Qais (RA): Allah's Messenger (ﷺ) said: "If anyone swears a firm oath - knowingly, intentionally, taking by it property belonging to a Muslim, Allah will be angry with him when he meets Him (on the Day of Resurrection)." [Agreed upon]. Narrated Abu Musa (RA): Two men had a disputer over an animal, and neither of them had a proof. So Allah's Messenger (ﷺ) gave a ruling that it be divided in halves between them. [Reported by Ahmad, Abu Dawud and an-Nasa'i, and the wording is his (an-Nasa'i) who said that it's chain of narrators is Jayyid (good)]. Narrated Jabir (RA): The Prophet (ﷺ) said: "If anyone swears a false oath on this Minbar of mine, he will have prepared his seat in the Hell-Fire." [Reported by Ahmad, Abu Dawud and an-Nasa'i. Ibn Hibban graded it Sahih (authentic)]. Narrated Abu Hurairah (RA): Allah's Messenger (ﷺ) said: "There are three to whom Allah will not speak to on the Day of Resurrection, not will He look at them, nor will He purify them, and they will have a painful punishment. (1) A man at a place with excess water in the desert and who withholds it from the travelers. (2) A man who sold a commodity to another person in the afternoon (or after the 'Asr prayer) and swore to him by Allah that he had bought it at such and such price and he (the buyer) believed him yet that was not the case. (3) And a man who pledged allegiance to an Imam only for the sake of the world (material gains). Hence, if the Imam bestowed on him something out of that (i.e. worldly riches) he stood by his pledge of allegiance, and if he did not give him, he did not fulfill the pledge of allegiance." [Agreed upon]. Narrated Jabir (RA): Two men disputed about a she-camel. Then, each of them said: this she-camel was born at my place, and each of them brought a proof (that it was his animal). Allah's Messenger (ﷺ) then ruled that it be taken by the one who had it in his possession. Narrated Ibn 'Umar (RA): The Prophet (ﷺ) re-directed al-Yamin (the oath to be sword by the defendant) to the one making the claim to some right. [ad-Daraqutni reported the two aforesaid Ahadith, and there is weakness in their chain of narrators]. Narrated 'Aishah (RA): One day the Prophet (ﷺ) came to me overjoyed, his face shining (from happiness) and said, "Did you not see that Mujazziz al-Mudliji (a physiognomist) looked at Zaid bin Harithah and Usama bin Zaid, and then said, 'These feet (of Zaid and Usama) are related to one another.'" [Agreed upon].