15. The Chapters On Judgements From The Messenger of Allah

【1】

What Has Been Related From The Messenger of Allah About The Judge

'Abdullah bin Mawhab narrated that 'Uthman said to Ibn 'Umar: "Go and judge between the people." So he said: "Perhaps you can excuse me (from that) O Commander of the Believers!" He said: "Why do you have an aversion for that when your father judged?" He said: "I heard the Messenger of Allah saying: 'Whoever was a judge and judged with justice, it still would have been better for him to have turned away from it completely.' What do I want after that?'" (Daif). [Ibn Buraidah narrated from his father that the Prophet (ﷺ) said: "The judges are three: Two judges that are in the Fire, and a judge that is in Paradise. A man who judges without the truth, and he knows that. This one is in the Fire. One who judges while not knowing, ruining the rights of the people. So he is in the Fire. A judge who judges with the truth, that is the one in Paradise."] (Daif) Anas bin Malik narrated that the Messenger of Allah (sallAllahu Alayhi wa sallam) said: "Whoever asks for a position as a judge, then he left on his own. And whoever is forced onto it, Allah sends an angel down to him so that he can be correct." (Daif) Anas narrated that the Prophet (ﷺ) said: "Whoever seeks to be a judge, and asks others to intercede for him with it, then he will be left on his own. And whoever is coerced into it, Allah sends an angel down to him so that he can be correct." (Daif) Abu Hurairah narrated that the Messenger of Allah (ﷺ) said: "Whoever takes the responsibility of judge, or is appointed as judge between the people, then he has been slaughtered without a knife."

【2】

What Has Been Related About The Judge That Is Correct And The Judge That Is Mistaken

Abu Hurairah narrated that the Messenger of Allah (ﷺ) said: "When the judge passes a judgement in which he strived and was correct, then he receives two rewards. And when he judges and is mistaken, then he receives one reward."

【3】

What Has Been Related About How The Judge Is To Make A Judgement

Some men who were companions of Mu'adh narrated from Mu'adh that the Messenger of Allah (ﷺ) sent Mu'adh to Yemen, so he (ﷺ) said: "How will you judge?" He said: "I will judge according to what is in Allah's Book." He said: "If it is not in Allah's Book ?" He said: "Then with the Sunnah of the Messenger of Allah (ﷺ)." He said: "If it is not in the Sunnah of Messenger of Allah (ﷺ)?" He said: "I will give in my view." He said: "All praise is due to Allah, the One Who made the messenger of the Messenger of Allah suitable." (Another chain of narrators) from some people from the inhabitants of Hims, from Mu'adh, from the Prophet (ﷺ), with similar.

【4】

What Has Been Related About The Just Imam

Abu Sa'eed narrated that the Messenger of Allah (ﷺ) said: "Indeed, the most beloved of people to Allah on the Day of Judgement, and the nearest to Him in the status is the just Imam. And the most hated of people to Allah and the furthest from Him in status is the oppressive Imam." ['Abdullah] Ibn Abi Al-Awfa narrated that the Messenger of Allah (ﷺ) said: "[Indeed] Allah is with the judge as long as he is not unjust. So when he is unjust, He leaves him and he is attended by Shaitan."

【5】

What Has Been Related About The Judge Not Judging Between Two Disputants Until He Has Heard Both Of Them

'Ali narrated: "The Messenger of Allah (ﷺ) said to me: 'When two men come to you seeking judgement, do not judge for the first until you have heard the statement of the other. Soon you will know how to judge.'" 'Ali said: "I did not err since then."

【6】

What Has Been Related About The Imam Who Looks After People

Abul-Hasan narrated that 'Amr bin Murrah said to Mu'awiyah: "I heard the Messenger of Allah (ﷺ) saying: 'No Imam closes his door on one in need, dire straits and poverty, except that Allah closes the gates of the Heavens from his dire straits, his needs, and his poverty.' So Mu'awiyah appointed a man to look after the needs of the people." (Another chain) from Abu Maryam the Companion of the Prophet (ﷺ), from the Prophet (ﷺ).

【7】

What Has Been Related About 'The Judge Is Not To Pass A Judgement While He Is Angry'

'Abdur-Rahman bin Abi Bakrah narrated: "My father wrote to 'Ubaidullah bin Abi Bakrah who was a judge: "Do not pass a judgement between two people while you are angry, for indeed I heard the Messenger of Allah (ﷺ) saying: 'The judge should not judge between two people while he is angry.'"

【8】

What Has Been Related About Gifts Taken By Governors

Mu'adh bin Jabal narrated: "The Messenger of Allah (ﷺ) dispatched me to Yemen. When I had left, he sent a message after me, so I returned and he said: 'Do you know why I sent a message to you ? Do not take anything without my permission, for that will be Ghulul, and whoever commits Ghulul, he comes with what he took on the Day of Judgement. This is why I called you, so now go and do your job.'"

【9】

What Has Been Related About The One Who Gives A Bribe And The One Who Takes A Bribe For Judgement

Abu Hurairah narrated: "The Messenger of Allah (ﷺ) cursed the one who bribes and the one who takes a bribe for a judgement." 'Abdullah bin 'Amr narrated: "The Messenger of Allah (ﷺ) cursed the one who bribes and the one who takes a bribe."

【10】

What Has Been Related About Accepting The Gift and Accepting The Invitation

Anas bin Malik narrated that Messenger of Allah (ﷺ) said: "If trotter (lacking meat) were given to me I would accept it, and if I was invited to (a meal of) it I would accept."

【11】

What Has Been Related About The Severe Threat For One Who Is Awarded A Judgement For Something That Is Not His To Take

Umm Salamah narrated that the Messenger of Allah (ﷺ) said: "Indeed you come to me with your disputes, and I am only a human being, perhaps one of you is more eloquent at presenting his argument than the other. If I judge for one of you, giving him something from the rights of his brother, then it is only a piece of the Fire that I am giving him, so do not take anything from it."

【12】

What Has Been Related About 'The Proof Is Required From The Claimant And The Oath Is Required From The One The Claim Is Against'

'Alqamah bin Wa'il [bin Hujr] narrated from his father who said: "A man from Hadramawt and a man from Kindah came to the Prophet (ﷺ). The Hadrami said: 'O Messenger of Allah! This person took some land of mine.' The Kindi said:'It is my land, It is in my possession, and he has no right to it.' So the Prophet (ﷺ) said to the Hadrami:'Do you have proof?' He said: 'No.' He said: 'Then you will have the oath.' He said: 'O Messenger of Allah! This man is a liar, it makes not difference what he takes an oath for, he is not ashamed of doing anything!' He said: 'There is nothing you deserve from him except that.' He said: So the man was left to take an oath for it, and in the meantime, the Messenger of Allah (ﷺ) said: 'If he takes an oath [for your property] to wrongfully consume it, He will meet Allah while He is angry with him." 'Amr bin Shu'aib narrated from his father, from his grandfather, that during a Khutbah, the Prophet (ﷺ) said: "The proof is due from the claimant, and the oath is due from the one the claim is made against." Ibn 'Abbas narrated that the Messenger of Allah (ﷺ) judged that the oath is due from the one the claim is made against.

【13】

What Has Been Related About The Oath Along With A Witness

Abu Hurairah narrated: "The Messenger of Allah (ﷺ) passed judgement based on an oath along with one witness." Rabi'ah (one of the narrators) said: "A son of Ibn Sa'd bin 'Ubadah informed me saying: 'We found in a book of Sa'd that the Prophet (ﷺ) passed judgement based on an oath along with a witness.'" Jabir narrated: "The Prophet (ﷺ) passed judgement based on oath along with a witness." Ja'far bin Muhammad narrated from his father: "The Prophet (ﷺ) passed judgement based on an oath along with one witness." He said: "And 'Ali judged between you based on it."

【14】

What Has Been Related About A Slave Owned By Two Men And One Of Them Frees His Portion Of Him

Ibn 'Umar narrated that the Prophet (ﷺ) said: "Whoever frees a portion" or, he said: "a part" or he said: "a share he owns of a slave, then he can afford the remainder of the price according to the reasonable price, then he will be free. Otherwise he has freed as much as he has freed (only)." Ayyub (one of the narrators) said: "Perhaps Nafi said in this Hadith: 'Meaning he has freed as much of him as he has freed.'" Salim narrated from his father that the Prophet (ﷺ) said: "Whoever frees a portion of a slave he owns, then he can afford the remainder of the price, then he should free him with his wealth." Abu Hurairah narrated that the Messenger of Allah (ﷺ) said: "Whoever frees a portion" or he said: "a part of a slave, then he should finish paying his price if he can afford it. If he can not afford to pay reasonable price then he should be allowed to work to earn the amount that will free him without overburdening him."(Another chain) similar, and he said: "a part".

【15】

What Has Been Related About A LifeLong Gift (Al-'Umra)

Samurah narrated that the Prophet (ﷺ) said: "The lifelong gift is permitted for its inhabitant" or:"is an inheritance for its inhabitant." Jabir narrated that the Prophet (ﷺ) said: "Whichever man is given a lifelong gift for himself and his offspring, then it belongs to the one whom it was given, it does not return to the one who gave it, for he has given a gift which shall be included in the inheritance."

【16】

What Has Been Related About Ar-Ruqba

Jabir narrated that the Messenger of Allah (ﷺ) said: "The lifelong gift is permitted for its inhabitant, and the Ruqba is permitted for its inhabitant."

【17】

What Has Been Related From The Messenger Of Allah (saws) About Reconciliation

Kathir bin 'Amr bin 'Awf Al-Muzani narrated from his father, from his grandfather, that the Messenger of Allah (ﷺ) said: "Reconciliation is allowed among the Muslims, except for reconciliation that makes the lawful unlawful, or the unlawful lawful. And the Muslims will be held to their conditions, except the conditions that make the lawful unlawful, or the unlawful lawful."

【18】

What Has Been Related About A Man Placing A Beam On His Neighbor’s Enclosure Wall

Al-A`raj narrated from Abu Hurairah, saying: “I heard him saying: ‘the Messenger of Allah (ﷺ) said: “When one of you seeks his neighbor’s permission to affix a wooden beam in his wall, then do not prevent him."' When Abu Hurairah narrated it, they tilted their heads, so he said: ‘Why do I see that you are averse to it? By Allah! I will continue to narrate it among you.'"

【19】

What Has Been Related About: The Oath is Based Upon What Will Make His Companion Believe Him

Abu Hurairah narrated that the Messenger of Allah (ﷺ) said: “The oath is based upon what will make your companion believe you.”[Qutaibah (one of the narrators) said: “ What will make you believed by your companion”]

【20】

What Has Been Related About The Road: When There Is A Disagreement About It, How Should It Be Made?

Abu Hurairah narrated that the Messenger of Allah (ﷺ) said: “Make the road seven forearm lengths.” Abu Hurairah narrated that the Messenger of Allah (ﷺ) said: "When you disagree over the road, then make it seven forearm lengths."

【21】

What Has Been Related About The Boy Choosing Between His Parents When They Separate

Abu Maimunah narrated from Abu Hurairah who said: "The Prophet (ﷺ) gave a boy the choice between his father and his mother."

【22】

What Has Been Related About The Father Can Take From The Wealth Of His Son

'Aishah narrated that the Messenger of Allah (ﷺ) said: "Indeed the most wholesome of what you consume is from your earnings, and indeed your children are from your earnings."

【23】

What Has Been Related About When One's Property Has Been Broken, What Is The Judgement For Him For The Property Of The One Who Broke It?

Anas narrated: "One of the wives of the Prophet (ﷺ) gave the Prophet (ﷺ) some food in a bowl. Then 'Aishah broke the bowl with her hand, and discarded what was in it. So the Prophet (ﷺ) said: "Food for food and vessel for vessel." Anas narrated that the Messenger of Allah (ﷺ) borrowed a bowl which broke, so he guaranteed (compensated) it for them.

【24】

What Has Been Related About The Limits Of Responsibility For A Man And Woman

Narrated Nafi': that Ibn 'Umar said: "I was reviewed before the Messenger of Allah (ﷺ) in the army, and I was fourteen years old, but he did not accept me. Then I was reviewed before him in the army later while I was fifteen years old, and he accepted me." Nafi' said: "I narrated this Hadith to 'Uman bin 'Abdul Azeez and he said: 'This is the limit that distinguishes between childhood and adulthood.' Then he wrote to give salaries to whoever reached fifteen years old." (Another chain) from Nafi', from Ibn 'Umar from the Prophet (ﷺ) and it is similar, but he did not mention in it that 'Umar bin 'Abdul-'Aziz wrote that this is the limit that distinguishes between youth and childhood and adulthood. In his narration, Ibn 'Uyainah said (that Nafi' said): "I narrated it to 'Umar bin 'Abdul-'Aziz and he said: 'This is the limit that distinguishes between children and soldiers.'"

【25】

What Has Been Related About A Man Who Married A Woman His Father Was Married To (Previously)

Narrated Al-Bara': "My maternal uncle Abu Burdah Ibn Niyar passed by me and he had a flag with him. I said: 'Where are you going ?' He said: 'the Messenger of Allah (ﷺ) dispatched me to a man who married a woman his father had married to: that I should bring him his head."

【26】

What Has Been Related About The Case Of Two Men And One Of Them Lives Downstream From The Other

Narrated 'Abdullah bin Az-Zubair: "A man from the Ansar disputed with Az-Zubair before the Messenger of Allah (ﷺ) about the canals of Harrah which they used to irrigate the date palms. The Ansari said: 'Let the water pass'. But he refused, So they brought their dispute to the Messenger of Allah (ﷺ). The Messenger of Allah (ﷺ) said to Az-Zubair: 'O Zubair! Irrigate (your land) then let the water pass to you neighbor.' The Ansari became angry and said:'[O Messenger of Allah!] Is this because he is your aunt's son?' The face of the Messenger of Allah (ﷺ) changed color. Then he said: 'O Zubair! Irrigate (your land) and then withhold the water until it reaches the walls.' Az-Zubair said: 'By Allah! I think that this Ayah was revealed about that: But no, by your Lord, they can have no Faith until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions and accept (them) with full submission.'"

【27】

What Has Been Related About One Who Frees His Slaves When He Dies, While He Has No Wealth Aside From Them

Narrated 'Imran bin Husain: "A Man from the Ansar freed six slaves of his upon his death, and he did not have any wealth aside from them. That was conveyed to the Prophet (ﷺ), and he said some harsh words about him." He said: "Then he called for them and he divided them and had them draw lots. So he freed two of them and left four as slaves."

【28】

What Has Been Related About One Who Owned A Mahram (A Close Relative)

Samurah narrated that the Messenger of Allah (ﷺ) said: "Whoever owns a related Mahram, then he is free." (Another Chain) from Samurah that the Prophet (ﷺ) said: "Whoever owns a related Mahram, then he is free."

【29】

What Has Been Related About One Who Farms A Prople's Land Without Their Permission

Narrated Rafi' bin Khadij: that the Prophet (ﷺ) said: "Whoever farms a people's land without their permission, then nothing he farms belongs to him and its finances are due to him."

【30】

What Has Been Related About Gifts And Equality Between Children

Narrated An-Nu'man bin Bashir: That his father gave a slave to a son of his. So he went to the Prophet (ﷺ) to have him witness it. He (ﷺ) said: 'Have you given a gift similar to this one to all of your sons?' He replied: 'No'. So he said: 'Then take him back.'"

【31】

What Has Been Related About Preemption

Narrated Samurah: that the Messenger of Allah (ﷺ) said: "The neighbor of a home has more right to the home."

【32】

What Has Been Related About Preemption For The Absent

Narrated Jabir: that the Messenger of Allah (ﷺ) said: "The neighbor has more right to his preemption. He is to be waited for even if he is absent, when their paths are the same."

【33】

(What Has Been Related About) When The Boundaries Are Defined And The Areas Are Fixed Then There Is No Preemption.

Narrated Jabir bin 'Abdullah: that the Messenger of Allah (ﷺ) said: "When the boundaries are defined and the streets are fixed, then there is no preemption."

【34】

(What Has Been Related About The Partner Is The Preemptor)

Narrated Ibn Abbas: that the Messenger of Allah (ﷺ) said: "The partner is the preemptor, and preemption is in everything."

【35】

What Has Been Related About Lost Items, The Stray Camel And Sheep

Narrated Zaid bin Khalid Al-Juhni: "A man asked the Messenger of Allah (ﷺ) about lost items. So he said: 'Make a public announcement about it for one year. Remember its string, its contained, and its sack. Then use it, and if its owner comes then give it to him.' So he said to him: 'O Messenger of Allah! What about the stray sheep?' He said:'Take it, for it is either for you, your brother, or the wolf.' He said: 'O Messenger of Allah! What about stray camel?'" He said: "Then the Prophet (ﷺ) got angry until his cheeks became red or his face became red. He said: 'What concern is it of yours? It has its feet and its water reserve until it reaches its owner.'" Zaid bin Khalid Al-Juhni narrated that the Messenger of Allah (ﷺ) was asked about the lost item. He said: "Make a public announcement about it for one year, if it is claimed then give it to him. Otherwise remember its sack, string, and its count. Then use it, and if its owner comes, give it to him." Suwaid bin Ghafalah said: "I went out with Zaid bin Suhan and Salman bin Rabi'ah, and found a whip." In his narration Ibn Numair (one of the narrators) said: "I found a lost whip and took it. They said: 'Leave it'. I said: 'I will not leave it to be eaten by predators. I will take it to make use of it.' So I met up with Ubayy bin Ka'b and asked him about that. So he narrated the Hadith, he said: 'That is fine. I found a sack containing one hundred Dinar during the lifetime of the Messenger of Allah (ﷺ)' He said: 'So I brought it to him. He said to me: "Make a public announcement about it for one year." So I announced it for a year but did not find anyone to claim it. Then I brought it to him. He said to me: "Make a public announcement about it for another year." So I announced it for a year but did not find anyone to claim it. Then I brought it to him. He said: "Make a public announcement about if for another year." And he said: "Remember its amount, its container and its string. If someone comes seeking it and informs you of its amount and its string, then give it to him, otherwise use it."

【36】

What Has Been Related About A Waqf

Narrated Isma'il bin Ibrahim from Ibn 'Awn, from Nafi' that Ibn 'Umar said: "Umar got some land from Khaibar and said: 'O Messenger of Allah! I got some wealth from Khaibar and I never ever had any wealth as plentiful as it, so what do you order me (to do with it)?' He said: 'If you wish, make it a grant and give charity from it.' So 'Umar gave it in charity: That is not to be sold entirely, nor given away, nor inherited, to be used to produce charity for the needy, those who are near it, for freeing slaves, for the cause of Allah, the wayfarer, the guest, and that there is no harm on its custodian consuming what is customary from it, or eating from its charity, without trying to amass wealth from it." Abu Hurairah, may Allah be pleased with him, narrated that the Messenger of Allah (ﷺ) said: "When a person dies, his deeds are cut off except for three: Continuing charity, knowledge that others benefited from, and a righteous son who supplicates for him."

【37】

What Has Been Related About Injuries Caused By Domestic Animals

Narrated Abu Hurairah: that the Messenger of Allah (ﷺ) said: "The injuries caused by the animal are without liability, and wells are without liability, and mines are without liability, and the Khumus is due on Rikaz."(Another Chain) from Abu Hurairah, from the Prophet (ﷺ) with similar meaning.

【38】

What Has Been Mentioned About Reviving Barren Land

Narrated Sa'eed bin Zaid: that the Prophet (ﷺ) said: "Whoever revives a barren land then it is for him, and there is no right for the unjust root." Narrated Jabir bin 'Abdullah: that the Prophet (ﷺ) said: "Whoever revives a barren land, then it is for him."

【39】

What Has Been Related About Land Reserves

Narrated Shumair: that Abyad bin Hammal visited the Messenger of Allah (ﷺ) who asked him to set aside a reserve of salt(a mine). So he reserved it for him. As he was turning away, a man in the gathering said: "Do you know what you reserved for him ? You merely reserved stagnant water for him." He (Shumair) said: "So he left him." He (Shumair) said: "So he asked him (the Prophet (ﷺ)) about making a private pasture of Arak (a type of tree)." He said: "As long as it is not harmed by the hooves of the camels."So I (At-Tirmidhi) recited that before Qutaibah and he said: "Yes".(Another chain) with similar meaning. Narrated 'Alqamah bin Wa'il: from his father that the Prophet (ﷺ) set aside a land reserve for him in Hadramawt. (One of the narrators added): "And he sent Mu'awiyah with him to reserve it for him."

【40】

What Has Been Related About The Virtue Of Planting

Narrated Anas: that the Prophet (ﷺ) said: "No Muslim plants a plant or sows a crop, then a person, or a bird, or an animal eats from it, except that it will be charity for him."

【41】

What Has Been Related About Agriculture

Narrated Ibn 'Umar: "The Prophet (ﷺ) made a deal with the people of Khaibar for half of what was produced from it, whether fruits or crops."

【42】

About Share-Cropping

Narrated Rafi' bin Khadij: "The Messenger of Allah (ﷺ) forbade us from a matter that was of benefit for us. When one of us had some land and we would let someone use it for a portion of its produce or some Dirham. He said: 'When one of you has some land then let him grant it to his brother, or let him farm it.'" Narrated Ibn 'Abbas: "The Messenger of Allah (ﷺ) did not prohibit share-cropping. But he ordered that they be helpful with each other."