Chapter3
Claims and Evidence 1451. Ibn 'Abbas
narrated that the Messenger of Allah
said, "If people were given what they asked for when they brought a case forward, some would claim the lives and property of others, but an oath must be taken by the defendants." Agreed upon.
1452. Al-Baihaqi narrated with a sound chain of narrators, "But the proof lies with the claimant and the oath must be taken by him who denies the claim."
1453. Abu Hurairah
narrated, 'The Messenger of Allah
suggested to some people that they should swear an oath and when they hastened to do so he ordered that lots should be cast among them concerning the oath as to who should swear it: Related by Al-Bukhari.
1454. Abu Umamah Al-Harithi
narrated that the Messenger of Allah
said, "If anyone through his oath, cuts down what rightly belongs to a Muslim, Allah has made Hell compulsory for him and will deprive him of Paradise." A man asked, "0 Allah's Messenger, even if it is something small?" And he (Sallallahu Alayhi wa Sallam) replies, "Even If it were a stick from an Arak tree." Related by Muslim.
1455. Al-Ash’ath bin Qais
narrated that the Messenger of Allah
said, "If anyone swears a firm oath, and takes what is due to it; the property belonging to a Muslim, Allah will be angry with him when he meets Him (on the Day of Resurrection)." Agreed upon.
1456. Abu Musa
narrated, “Two men had a dispute over an animal, but none of them had any proof. So Allah's Messenger
gave a ruling that it be divided in halves between them.' Related by Ahmad, Abu Dawud and An-Nasa'i and the version is his, and he reported its chain of narrators to be good.
1457. Jabir
narrated that the Messenger of Allah
said, "If any one swears a false oath on this pulpit of mine, he would have prepared his seat in Hell." Related by Ahmad, Abu Dawud and An-Nasa'i. Ibn Hibban graded it as Sahih.
1458. Abu Hurairah
narrated that the Messenger of AlIah
said, "There are three to whom Allah will not speak on the Day of Judgment, at whom He will not look, and whom He will not purify, and they will have a painful punishment: A man at a place with excess water in the desert and he withholds it from travelers; 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 a price and he (the buyer) believed him yet that was not the case, and a man who pledged allegiance to the Imam but for the sake of worldly matters (i.e. not for Allah's sake), if the Imam bestowed on him something out of worldly riches he adheres to his allegiance, and if he did not give him anything, he did not fulfill the allegiance." Agreed upon.
1459. Jabir
narrated, 'Two men disputed about a she camel and each of them produced some proof that it was his animal, and that it was born at his place.' Allah's Messenger
ruled it for the one who had it in his possession.' Related by Ad-Daraqutni with a weak chain of narrators .
1460. Ibn 'Umar
narrated, 'The Messenger of Allah
restored the oath to be sworn by the claimant (and not the defendant).' Related by Ad-Daraqutni with a weak chain of narrators.
1461. Aishah
narrated,'One day, Allah's Messenger (Sallallahu Alayhi wa Sallam) came to me looking happy while his face was glistening and said, "Did you not see that Mujazziz A1-Mudliji (a physiognomist) He looked at Zaid bin Harithah and Usamah bin Zaid, and then said, "These feet are related to one another." (436) Agreed
upon.
436. Zaid bin Harithah the freed slave of the Prophet (Sallallahu Alayhi wa Sallam) had a white complexion whereas Usamnh his son was rather dark" Usamah's mother Umm Aiman was also dark, but people started to talk about Usamah’s lineage because he was dark while his father was white. Mujazziz Al -Mudliji saw them lying down with their faces covered with linen, while their feet were bare. He then commented upon looking at their feet with the words mentioned in the Hadith which pleased the Prophet