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25. The Office of the Judge (Kitab Al-Aqdiyah)

كتاب الأقضية

70 hadis

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3572

Narrated Abu Hurayrah:

The Prophet (ﷺ) said: He who has been appointed a judge has been killed without a knife.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3573

Narrated Abu Hurayrah:

The Prophet (ﷺ) said: He who has been appointed a judge among the people has been killed without a knife.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3574

Narrated Buraydah ibn al-Hasib:

The Prophet (ﷺ) said: Judges are of three types, one of whom will go to Paradise and two to Hell. The one who will go to Paradise is a man who knows what is right and gives judgment accordingly; but a man who knows what is right and acts tyrannically in his judgment will go to Hell; and a man who gi…

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3575

It was narrated that `Amr bin Al-`As said "The Messenger of Allah said:

'If a judge passes a judgment having exerted himself to arrive at what is correct, and he is indeed correct, he will have two rewards. If he passes judgment having exerted himself to arrive at what is correct, but it is incorrect, he will have one reward.'" I narrated it to Abu Bakr bin Hazm and he …

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3576

Narrated AbuHurayrah:

The Prophet (ﷺ) said: If anyone seeks the office of judge among Muslims till he gets it and his justice prevails over his tyranny, he will go to Paradise; but the man whose tyranny prevails over his justice will go to Hell.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3577

Ibn 'Abbas said:

"If any do fail to judge (by the light of) what Allah has revealed, they are (no better than) unbelievers" up to "wrongdoers." These three verses were revealed about the Jews, particularly about Quraizah and al-Nadir.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3578

AbdurRahman ibn Bishr al-Ansari al-Azraq said:

Two men from the locality of Kindah came while AbuMas'ud al-Ansari was sitting n a circle. They said: Is there any man who decides between us. A man from the circle said: I, AbuMas'ud took a handful of pebbles and threw at him, saying: Hush! It is disapproved to make haste in decision.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3579

Narrated Anas ibn Malik:

The Prophet (ﷺ) said: If anyone desires the office of Judge and seeks help for it, he will be left to his own devices; if anyone does not desire it, nor does he seek help for it, Allah will send down an angel who will direct him aright. Waki' said: (This tradition has also been transmitted) by Isr…

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3580

Abu Buradah reported the Prophet (ﷺ) as saying:

"We will never employ or we shall not employ (the narrator is doubtful) in our work one who wants it."

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3581

Narrated Abdullah ibn Amr ibn al-'As:

The Messenger of Allah (ﷺ) cursed the one who bribes and the one who takes bribe.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3582

Narrated Adi ibn Umayrah al-Kindi:

The Prophet (ﷺ) said: O people, if any of you is put in an administrative post on our behalf and conceals from us a needle or more, he is acting unfaithfully, and will bring it on the Day of Resurrection. A black man from the Ansar, as if I am seeing him, stood and said: Messenger of Allah, take bac…

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3583

Narrated Ali ibn AbuTalib:

The Messenger of Allah (ﷺ) sent me to the Yemen as judge, and I asked: Messenger of Allah, are you sending me when I am young and have no knowledge of the duties of a judge? He replied: Allah will guide your heart and keep your tongue true. When two litigants sit in front of you, do not decide till …

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3584

Umm Salamah reported the Messenger of Allah (ﷺ) as saying:

"I am only a human being, and you bring your disputes to me, some perhaps being 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 decide for anyone which by right belongs to his brother, he must not take anythi…

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3585

Umm Salamah said:

Two men came to the Messenger of Allah (ﷺ) who were disputing over their inheritance. They had no evidence except their claim. The Prophet (ﷺ) then said in a similar way. Thereupon both the men wept and each of them said: This right of mine go to you. The Prophet (ﷺ) then said: Now you have done wha…

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3586

Umm Salamah reported the Prophet (ﷺ) as saying when two men were disputing over inheritance and old things:

I decide between you on the basis of my opinion in cases about which no revelation has been sent down to me.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3587

Narrated Umar ibn al-Khattab:

Umar said while he was (sitting) on the pulpit: O people, the opinion from the Messenger of Allah (ﷺ) was right, because Allah showed (i.e. inspired) him; but from us it is sheer conjecture and artifice.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3588

Mu'adh bin Mu'adh said:

Abu 'Uthman al-Shami, whose name is Hariz bin 'Uthman, told me. I think I did not see anyone from Syria better than him.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3589

Narrated Abdullah ibn az-Zubayr:

The Messenger of Allah (ﷺ) gave the decision that the two adversaries should be made to sit in front of the judge.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3590

'Abd al-Rahman bin Abi Bakrah reported on the authority of his father that he wrote to his son:

The Messenger of Allah (ﷺ) said: A judge should not decide between the two while he is in anger.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3591

Ibn 'Abbas said:

The Qur'anic verse: "If they do come to thee, either judge between them, or decline to interfere" was abrogated by the verse: "So judge between them by what Allah hath revealed."

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3592

Narrated Abdullah ibn Abbas:

When this verse was revealed: "If they do come to thee, either judge between them, or decline to interfere....If thou judge, judge in equity between them." Banu an-Nadir used to pay half blood-money if they killed any-one from Banu Qurayzah. When Banu Qurayzah killed anyone from Banu an-Nadir, they …

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3593

Some companions of Mu'adh ibn Jabal said:

When the Messenger of Allah (ﷺ) intended to send Mu'adh ibn Jabal to the Yemen, he asked: How will you judge when the occasion of deciding a case arises? He replied: I shall judge in accordance with Allah's Book. He asked: (What will you do) if you do not find any guidance in Allah's Book? …

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3594

Mu'adh bin Jabal said that when the Messenger of Allah (ﷺ) sent him to the Yemen... He then narrated the rest of the tradition to the same effect.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3595

Narrated AbuHurayrah:

The Prophet (ﷺ) said: Conciliation between Muslims is permissible. The narrator Ahmad added in his version: "except the conciliation which makes lawful unlawful and unlawful lawful." Sulayman ibn Dawud added: The Messenger of Allah (ﷺ) said: Muslims are on (i.e. stick to) their conditions.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3596

Ka'b bin Malik said that in the time of the Messenger of Allah (ﷺ) he made demand in the mosque for payment of a debt due to him from Ibn Abi Hadrad, and their voices rose till the Messenger of Allah (ﷺ), who was in his house, heard them. The Messenger of Allah (ﷺ) then went out to them and, removing the curtain of his apartment, he called to Ka'b bin Malik, addressing:

"Ka'b!" He said: "At your service, Messenger of Allah." Thereupon he made a gesture with is hand indicating: Remit half the debt due to you. Ka'b said: "I shall do so, Messenger of Allah." The Prophet (ﷺ) then said: "Get up and discharge"

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3597

Zaid bin Khalid al-Juhani reported the Messenger of Allah (ﷺ) as saying:

"Shall I not tell you of the best witnesses ? He is the one who produces his deposition or gives his evidence (the narrator is doubtful) before he is asked for it." 'Abd Allah bin Abi Bakr dobted which of them he said. Abu Dawud said: Malis said: This refers to a man gives his evidence, but he doe…

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3598

Yahya ibn Rashid said:

We were sitting waiting for Abdullah ibn Umar who came out to us and sat. He then said: I heard the Messenger of Allah (ﷺ) as saying: If anyone's intercession intervenes as an obstacle to one of the punishments prescribed by Allah, he has opposed Allah; if anyone disputes knowingly about something w…

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3599

The tradition mentioned above has also been transmitted by Ibn 'Umar from the Prophet (ﷺ) through different chain of narrators to the same effect. In this version he also said:

"He who assits in a dispute unjustly deserves the anger of Allah, Most High.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3600

Narrated Khuraym Ibn Fatik:

The Messenger of Allah (ﷺ) offered the morning prayer. When he finished it, he stood up and said three times: False witness has been made equivalent to attributing a partner to Allah. He then recited: "So avoid the abomination of idols and avoid speaking falsehood as people pure of faith to Allah, n…

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3601

'Amr bin Shu'aib on his father's authority told that his grandfather said:

The Messenger of Allah (ﷺ) rejected the testimony of a deceitful man and woman, of one who harbours rancour against his brother, and he rejected the testimony of one who is dependent on a family, and he allowed his testimony for other. Abu Dawud said: Ghimr means malice and enimity ; qani (dependant), a subordinate servant like a special servant.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3602

The tradition mentioned above (No. 3593) has also been transmitted by Sulayman ibn Musa through a different chain of narrators. This version has:

The Messenger of Allah (ﷺ) said: The testimony of a deceitful man or woman, of an adulterer and adulteress, and of one who harbours rancour against his brother is not allowable.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3603

Narrated AbuHurayrah:

The Prophet (ﷺ) said: The testimony of a nomad Arab against a townsman is not allowable.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3604

'Uqbah bin al-Harith said:

"I married Umm Yahya daughter of Abu Ihab. A black woman entered upon us. She said that she had suckled both of us. So I came to the Prophet (ﷺ), and amentioned it to him. He turned away from me. I said (to him): Messenger of Allah! she is a liar. He said: What do you know? She has said what she has…

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3605

The tradition mentioned above has also been transmitted by 'Uqbah bin al-Harith to the same effect through a different chain of narrators. Abu Dawud said:

Hammad bin Zaid looked at al-Harith bin 'Umair and said: He is from reliable narrators from Ayyub.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3606

Ash-Sha'bi said:

A Muslim was about to die at Daquqa', but he did not find any Muslim to call him for witness to his will. So he called two men of the people of the Book for witness. Then they came to Kufah, and approaching AbuMusa al-Ash'ari they informed him (about his) will. They brought his inheritance and will.…

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3607

Narrated Abdullah Ibn Abbas:

A man from Banu Sahm went out with Tamim ad-Dari and Adi ibn Badda'. The man of Banu Sahm died in the land where no Muslim was present. When they returned with his inheritance, they (the heirs) did not find a silver cup with lines of gold (in his property). The Messenger of Allah (ﷺ) administered on…

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3608

Narrated Uncle of Umarah ibn Khuzaymah:

The Prophet (ﷺ) bought a horse from a Bedouin. The Prophet (ﷺ) took him with him to pay him the price of his horse. The Messenger of Allah (ﷺ) walked quickly and the Bedouin walked slowly. The people stopped the Bedouin and began to bargain with him for the horse as and they did not know that the Pr…

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3609

Ibn 'Abbas said:

The Messenger of Allah (ﷺ) gave a decision on the basis of an oath and a single witness.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3610

The tradition mentioned above has also been transmitted by 'Amr bin Dinar through a different chain of narrators and to the same effect. Salamah has in his version:

'Amr said: In the rights (of the people).

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3611

Narrated AbuHurayrah:

The Prophet (ﷺ) gave a decision on the basis of an oath and a single witness. Abu Dawud said: Al-Rabi' bin Sulaiman al-Mu'adhdhin told me some additional words in this tradition: Al-Shafi'i told me from 'Abd al-'Aziz. I then mentioned it fo Suhail who said: Rabi'ah told me - and he is reliable in …

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3612

The tradition mentioned above has also been transmitted by Rabi'ah through the chain of Abu Mus'ab and to the same effect. Sulaiman said:

I then met Suhail and asked him about this tradition. He said: I do not know it. I said to him: Rabi'ah transmitted it to me from you. He said: If Rabi'ah transmitted it to you from me, then retransmit it from Rabi'ah on my authority.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3613

Narrated Zubayb ibn Tha'labah al-Anbari:

The Messenger of Allah (ﷺ) sent an army to Banu al-Anbar. They captured them at Rukbah in the suburbs of at-Ta'if and drove them to the Holy Prophet (ﷺ). I rode hurriedly to the Holy Prophet (ﷺ) and said: Peace be on you, Messenger of Allah, and the mercy of Allah and His blessings. Your cont…

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3614

Narrated AbuMusa al-Ash'ari:

Two men claimed a camel or an animal and brought the case to the Holy Prophet (ﷺ). But as neither of them produced any proof, the Holy Prophet (ﷺ) declared that they should share it equally.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3615

The tradition mentioned above has also been transmitted by Sa'id through a different chain of narrators to the same effect.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3616

The tradition mentioned above has also been transmitted by Qatadah through a different chain of narrators to the effect that two men laid claim camel and both of them produced witness so the prophet (peace be upon him) divided it in halves between them.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3617

Narrated AbuHurayrah:

Two men disputed about some property and brought the case to the Holy Prophet (ﷺ), but neither of them could produce any proof. So the Holy Prophet (ﷺ) said: Cast lots about the oath whatever it may be, whether they like it or dislike it.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3618

Abu hurairah reported the holy prophet (peace be upon him) as saying:

When two men dislike the oath or like it,lots will be cost about it. Salamah said on the authority of Ma’mar who said: when the two are compelled to take an oath.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3619

The tradition mentioned above has also been transmitted by sa’id b. ‘Urubah through the chain as narrated by Ibn Minhal. This version has :

About an animal and they had no proof. So the Messenger of Allah (ﷺ) ordered to cast lots about the oath.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3620

Ibn Abi Mulaikah said:

Ibn ‘Abbas wrote to me that the Messenger of Allah (ﷺ)had defendant should take an oath.

Sünen-i Ebî DâvûdThe Office of the Judge (Kitab Al-Aqdiyah)
#3621

Narrated Abdullah ibn Abbas:

The Holy Prophet (ﷺ) said to a man whom he asked to take an oath: Swear by Allah except whom there is no god that you have nothing belonging to him, i.e. the plaintiff.

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