Shaih Bukhari Sharif

Imam Muhammad Bin Ismail Bukhari

The Book of Witnesses

Ahadith 53

In the name of Allah, Most Gracious, Most Merciful

The plaintiff has to produce a proof

Allah says in Surah al -Baqarah:

يَأَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنْتُمْ بِدَيْنٍ إِلَى أَجَلٍ مُسَمًّى ... وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ

O ye who believe!

when ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing.

Let a scribe write down faithfully as between the parties:

let not the scribe refuse to write, as Allah has taught him, so let him write.

Let him who incurs the liability dictate, but let him fear his Lord Allah, and not diminish aught of what he owes.

If the party liable is mentally deficient, or weak, or unable himself to dictate, let his guardian dictate faithfully.

And get two witnesses, out of your own men, and if there are not two men, then a man and two women,

such as ye choose, for witnesses, so that if one of them errs, the other can remind her.

The witnesses should not refuse when they are called on(for evidence).

Disdain not to reduce to writing(your contract)for a future period, whether it be small or big:

it is juster in the sight of Allah, more suitable as evidence, and more convenient to prevent doubts among yourselves;

but if it be a transaction which ye carry out on the spot among yourselves, there is no blame on you if ye reduce it not to writing.

But take witnesses whenever ye make a commercial contract; and let neither scribe nor witness suffer harm.

If ye do(such harm), it would be wickedness in you. So fear Allah; for it is Allah that teaches you.

And Allah is well acquainted with all things. (2:282)

And Allah says:

:‏‏‏‏ يَأَيُّهَا الَّذِينَ آمَنُوا كُونُوا قَوَّامِينَ بِالْقِسْطِ ... فَإِنَّ اللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا

O ye who believe!

stand out firmly for justice, as witnesses to Allah, even as against yourselves,

or your parents, or your kin, and whether it be(against)rich or poor:

for Allah can best protect both. Follow not the lusts(of your hearts), lest ye swerve,

and if ye distort(justice)or decline to do justice, verily Allah is well-acquainted with all that ye do. (4:135)

If a person attests the honouroable record of a witness

Hadith # 2637

Narrated `Urwa bin Al-Musaiyab Alqama bin Waqqas and Ubaidullah bin `Abdullah:

About the story of `Aisha and their narrations were similar attesting each other, when the liars said what they invented about `Aisha, and the Divine Inspiration was delayed, Allah's Messenger (ﷺ) sent for `Ali and Usama to consult them in divorcing his wife (i.e. `Aisha).

Usama said, "Keep your wife, as we know nothing about her except good."

Barirah said, "I cannot accuse her of any defect except that she is still a young girl who sleeps, neglecting her family's dough which the domestic goats come to eat (i.e. she was too simpleminded to deceive her husband)."

Allah's Messenger (ﷺ) said,

"Who can help me to take revenge over the man who has harmed me by defaming the reputation of my family? By Allah, I have not known about my family-anything except good, and they mentioned (i.e. accused) a man about whom I did not know anything except good."

The witness of an eavesdropper

Hadith # 2638

Narrated `Abdullah bin `Umar:

Allah's Messenger (ﷺ) and Ubai bin Ka`b Al-Ansari went to the garden where Ibn Saiyad used to live. When Allah's Messenger (ﷺ) entered (the garden), he (Allah's Messenger (ﷺ)) started hiding himself behind the date108 palms as he wanted to hear secretly the talk of Ibn Saiyad before the latter saw him.

Ibn Saiyad wrapped with a soft decorated sheet was lying on his bed murmuring. Ibn Saiyad's mother saw the Prophet hiding behind the stems of the date-palms. She addressed Ibn Saiyad saying, "O Saf, this is Muhammad." Hearing that Ibn Saiyad stopped murmuring (or got cautious), the Prophet (ﷺ) said,

"If she had left him undisturbed, he would have revealed his reality."

Hadith # 2639

Narrated Aisha:

The wife of Rifa`a Al-Qurazi came to the Prophet (ﷺ) and said, "I was Rifa`a's wife, but he divorced me and it was a final irrevocable divorce. Then I married `Abdur-Rahman bin Az-Zubair but he is impotent."

The Prophet (ﷺ) asked her 'Do you want to remarry Rifa`a? You cannot unless you had a complete sexual relation with your present husband."

Abu Bakr was sitting with Allah's Messenger (ﷺ) and Khalid bin Sa`id bin Al-`As was at the door waiting to be admitted. He said, "O Abu Bakr! Do you hear what this (woman) is revealing frankly before the Prophet (ﷺ) ?"

When a witness or witnesses give an evidence

Hadith # 2640

Narrated `Abdullah bin Abu Mulaika from `Uqba bin Al-Harith:

`Uqba married the daughter of Abu Ihab bin `Aziz, and then a woman came and said, "I suckled `Uqba and his wife."

`Uqba said to her, "I do not know that you have suckled me, and you did not inform me."

He then sent someone to the house of Abu Ihab to inquire about that but they did not know that she had suckled their daughter. Then `Uqba went to the Prophet (ﷺ) in Medina and asked him about it.

The Prophet (ﷺ) said to him, "How (can you keep your wife) after it has been said (that both of you were suckled by the same woman)?" So, he divorced her and she was married to another (husband).

The just witnesses

And Allah Almighty said in Surah Al Talaq:

وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِنْكُمْ

and take for witness two persons from among you (65:2)

And Allah Almighty said in Surah Al-Baqarah

مِمَّنْ تَرْضَوْنَ مِنَ الشُّهَدَاءِ

such as ye choose, for witnesses, (2:282)

Hadith # 2641

Narrated `Umar bin Al-Khattab:

People were (sometimes) judged by the revealing of a Divine Inspiration during the lifetime of Allah's Apostle but now there is no longer any more (new revelation).

Now we judge you by the deeds you practice publicly, so we will trust and favor the one who does good deeds in front of us, and we will not call him to account about what he is really doing in secret, for Allah will judge him for that; but we will not trust or believe the one who presents to us with an evil deed even if he claims that his intentions were good.

How many witnesses are sufficient to attest

Hadith # 2642

Narrated Anas:

A funeral procession passed in front of the Prophet (ﷺ) and the people praised the deceased. The Prophet (ﷺ) said, "It has been affirmed (Paradise)."

Then another funeral procession passed by and the people talked badly of the deceased. The Prophet (ﷺ) said, "It has been affirmed (Hell)."

Allah's Messenger (ﷺ) was asked, "O Allah's Messenger (ﷺ)! You said it has been affirmed for both?"

The Prophet (ﷺ) said, "The testimony of the people (is accepted), (for) the believer are Allah's witnesses on the earth."

Hadith # 2643

Narrated Abu Al-Aswad:

Once I went to Medina where there was an outbreak of disease and the people were dying rapidly. I was sitting with `Umar and a funeral procession passed by. The people praised the deceased. `Umar said, "It has been affirmed" (Paradise).

Then another funeral procession passed by. The people praised the deceased. `Umar said, "It has been affirmed." (Paradise).

Then another funeral procession passed by. The people praised the deceased. `Umar said, "It has been affirmed (Paradise)."

Then a third funeral procession passed by and the people talked badly of the deceased. `Umar said, "It has been affirmed (Hell)."

I asked `Umar, "O chief of the believers! What has been affirmed?" He said, "I have said what the Prophet (ﷺ) said.

He said, 'Allah will admit into paradise any Muslim whose good character is attested by four persons.'

We asked the Prophet, 'If there were three witnesses only?' He said, 'Even three.'

We asked, 'If there were two only?' He said, 'Even two.'

But we did not ask him about one witness."

To give witness concerning lineage, foster suckling relations and dead persons

Hadith # 2644

Narrated Aisha:

Aflah asked the permission to visit me but I did not allow him. He said, "Do you veil yourself before me although I am your uncle?"

`Aisha said, "How is that?"

Aflah replied, "You were suckled by my brother's wife with my brother's milk."

I asked Allah's Messenger (ﷺ) about it, and he said, "Aflah is right, so permit him to visit you."

Hadith # 2645

Narrated Ibn `Abbas:

The Prophet (ﷺ) said about Hamza's daughter,

"I am not legally permitted to marry her, as foster relations are treated like blood relations (in marital affairs). She is the daughter of my foster brother."

Hadith # 2646

Narrated `Amra bint `Abdur-Rahman:

That `Aisha the wife of the Prophet (ﷺ) told her uncle that once, while the Prophet (ﷺ) was in her house, she heard a man asking Hafsa's permission to enter her house. `Aisha said, "I said, 'O Allah's Messenger (ﷺ)! I think the man is Hafsa's foster uncle.' "

`Aisha added, "O Allah's Messenger (ﷺ)! There is a man asking the permission to enter your house."

Allah's Messenger (ﷺ) replied, "I think the man is Hafsa's foster uncle."

`Aisha said, "If so-and-so were living (i.e. her foster uncle) would he be allowed to visit me?"

Allah's Apostle said, "Yes, he would, as the foster relations are treated like blood relations (in marital affairs).

Hadith # 2647

Narrated Aisha:

Once the Prophet (ﷺ) came to me while a man was in my house. He said, "O `Aisha! Who is this (man)?" I replied, "My foster brothers"

He said, "O `Aisha! Be sure about your foster brothers, as fostership is only valid if it takes place in the suckling period (before two years of age).

Falsely accusing somebody of illegal sexual intercourse and the witness of a thief

And Allah Almighty said in Surah Al-Nur

‏‏‏‏ وَلا تَقْبَلُوا لَهُمْ شَهَادَةً أَبَدًا وَأُولَئِكَ هُمُ الْفَاسِقُونَ ‏‏‏‏ ۔ ‏‏‏‏ إِلا الَّذِينَ تَابُوا

and reject their evidence ever after: for such men are wicked transgressors --

Unless they repent (24:4,5)

Umar  banned Abu Bakrah, Shibul bin Mabad (his mother-in-law's brother) and Nafi' bin Harith for slandering Mughirah. Then he repented to them and said that whoever repents, his testimony will be accepted.

And Abdullah bin Utbah, Umar bin Abdul Aziz, Saeed bin Jubayr, Taaws, Mujahid, Shaabi, Ikramah, Zuhri, Mohareb bin Dasar, Shareeh and Muawiya bin Qara have also made his testimony valid after repentance.

And Abu al-Zanad said: According to us, in Madinah, this is the ruling: if Qazf goes back (against) his word and asks for forgiveness, then his testimony will be accepted.

And Sufyan Al-Thawri said that when a slave is subjected to the limit of Qazf and then he is freed, then his testimony will be accepted. And if the one who has had a qazaf is made a judge, then his decision will be enforced.

And some people (Imam Abu Hanifah) say that the testimony of Qazf will not be accepted even if he repents.

Then they also say that the marriage is not valid without two witnesses and if the marriage is performed with the testimony of two witnesses, the marriage will be valid. If it is done with the testimony of two slaves, it will not be valid, and these same people have made the testimony of the adulterated people and the slave slave valid for the month of Ramadan.

And in this chapter, it is stated that the reason will be known by repenting of Qazf, and the Prophet ( pbuh) exiled the adulterer for a year, and he (pbuh) exiled Ka'b bin Malik  and his two sons. He forbade his colleagues not to talk. Fifty nights passed like this.

Hadith # 2648

Narrated `Urwa bin Az-Zubair:

A woman committed theft in the Ghazwa of the Conquest (of Mecca) and she was taken to the Prophet who ordered her hand to be cut off.

`Aisha said, "Her repentance was perfect and she was married (later) and used to come to me (after that) and I would present her needs to Allah's Messenger (ﷺ)."

Hadith # 2649

Narrated Zaid bin Khalid:

Allah's Messenger (ﷺ) ordered that an unmarried man who committed illegal sexual intercourse be scourged one hundred lashes and sent into exile for one year.

Do not be a witness for injustice, if asked for that

Hadith # 2650

Narrated An-Nu`man bin Bashir:

My mother asked my father to present me a gift from his property; and he gave it to me after some hesitation. My mother said that she would not be satisfied unless the Prophet (ﷺ) was made a witness to it. I being a young boy, my father held me by the hand and took me to the Prophet (ﷺ) .

He said to the Prophet, "His mother, bint Rawaha, requested me to give this boy a gift."

The Prophet (ﷺ) said, "Do you have other sons besides him?"

He said, "Yes." The Prophet (ﷺ) said, "Do not make me a witness for injustice."

Narrated Ash-Shu`bi that the Prophet (ﷺ) said, "I will not become a witness for injustice."

Hadith # 2651

Narrated Zahdam bin Mudrab:

I heard `Imran bin Husain saying,

"The Prophet (ﷺ) said, 'The best people are those living in my generation, then those coming after them, and then those coming after (the second generation)."

`Imran said "I do not know whether the Prophet (ﷺ) mentioned two or three generations after your present generation.

The Prophet (ﷺ) added,

'There will be some people after you, who will be dishonest and will not be trustworthy and will give witness (evidences) without being asked to give witness, and will vow but will not fulfill their vows, and obesity will appear among them."

Hadith # 2652

Narrated `Abdullah:

The Prophet (ﷺ) said,

"The people of my generation are the best, then those who follow them, and then whose who follow the latter. After that there will come some people whose witness will go ahead of their oaths, and their oaths will go ahead of their witness."

Ibrahim sub-narrator said, "We used to be beaten for taking oaths by saying, 'I bear witness by the Name of Allah or by the Covenant of Allah."

False witness

Allah Almighty said in Surah al-Furqan:

‏‏‏‏ وَالَّذِينَ لا يَشْهَدُونَ الزُّورَ

Those who witness no falsehood, (26:72)

Similarly, concealing testimony is also a sin.

Allah Almighty said in Surah Al-Baqarah:

وَكِتْمَانِ الشَّهَادَةِ لِقَوْلِهِ وَلا تَكْتُمُوا الشَّهَادَةَ ... وَاللَّهُ بِمَا تَعْمَلُونَ عَلِيمٌ

Conceal not evidence; for whoever conceals it, his heart is tainted with sin. And Allah knoweth all that ye do. (2:283)

And Allah's decree in Surah Nisa:

وَإِن تَلۡوُ ۥۤاْ أَوۡ تُعۡرِضُواْ

and if ye distort (justice) or decline to do justice, (4:135)

Hadith # 2653

Narrated Anas:

The Prophet (ﷺ) was asked about the great sins He said,

They are:-- 

- To join others in worship with Allah,

- To be undutiful to one's parents.

- To kill a person (which Allah has forbidden to kill) (i.e. to commit the crime of murdering).

- And to give a false witness."

Hadith # 2654

Narrated Abu Bakra:

The Prophet (ﷺ) said thrice, "Should I inform you out the greatest of the great sins?" They said, "Yes, O Allah's Messenger (ﷺ)!" He said,

- To join others in worship with Allah

- and to be undutiful to one's parents."

The Prophet (ﷺ) then sat up after he had been reclining (on a pillow) and said,

- And I warn you against giving a false witness,

and he kept on saying that warning till we thought he would not stop.

The witness of a blind man, his marriage, his affairs

Hadith # 2655

Narrated `Aisha:

The Prophet (ﷺ) heard a man (reciting Qur'an) in the Mosque, and he said,

"May Allah bestow His Mercy upon him. No doubt, he made me remember such-and such Verses of such-and-such Sura which I dropped (from my memory).

Narrated Aisha:

The Prophet (ﷺ) performed the Tahajjud prayer in my house, and then he heard the voice of `Abbad who was praying in the Mosque, and said, "O `Aisha! Is this `Abbad's voice?" I said, "Yes." He said, "O Allah! Be merciful to `Abbad!"

Hadith # 2656

Narrated `Abdullah bin `Umar:

The Prophet (ﷺ) said,

"Bilal pronounces the Adhan when it is still night (before dawn), so eat and drink till the next Adhan is pronounced (or till you hear Ibn Um Maktum's Adhan)."

Ibn Um Maktum was a blind man who would not pronounce the Adhan till he was told that it was dawn.

Hadith # 2657

Narrated Al-Miswar bin Makhrama:

Some outer garments were received the Prophet (ﷺ) and my father (Makhrama) said to me, "Let us go to the Prophet (ﷺ) so that he may give us something from the garments."

So, my father stood at the door and spoke. The Prophet (ﷺ) recognized his voice and came out carrying a garment and telling Makhrama the good qualities of that garment, adding,

"I have kept this for you, I have sent this for you."

The witness of women

And the decree of Allah in Surah Al-Baqarah

فَإِنْ لَمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ

and if there are not two men, then a man and two women, (2:282)

Hadith # 2658

Narrated Abu Sa`id Al-Khudri:

The Prophet (ﷺ) said,

"Isn't the witness of a woman equal to half of that of a man?" The women said, "Yes."

He said, "This is because of the deficiency of a woman's mind."

The witness of male and female slaves

Hadith # 2659

Narrated `Uqba bin Al-Harith:

That he had married Um Yahya bint Abu Ihab. He said.

"A black slave-lady came and said, 'I suckled you both.' I then mentioned that to the Prophet (ﷺ) who turned his face aside."

`Uqba further said, "I went to the other side and told the Prophet (ﷺ) about it. He said, 'How can you (keep her as your wife) when the lady has said that she suckled both of you (i.e. you and your wife?)" So, the Prophet (ﷺ) ordered him to divorce her.

The witness of a wet nurse

Hadith # 2660

Narrated `Uqba bin Al-Harith:

I married a woman and later on a woman came and said, "I suckled you both." So, I went to the Prophet (to ask him about it). He said, "How can you (keep her as a wife) when it has been said (that you were foster brother and sister)? Leave (divorce) her.

The women attesting each other

Hadith # 2661

Narrated Aisha:

"Whenever Allah's Messenger (ﷺ) intended to go on a journey, he would draw lots amongst his wives and would take with him the one upon whom the lot fell. During a Ghazwa of his, he drew lots amongst us and the lot fell upon me, and I proceeded with him after Allah had decreed the use of the veil by women. I was carried in a Howdah (on the camel) and dismounted while still in it. When Allah's Messenger (ﷺ) was through with his Ghazwa and returned home, and we approached the city of Medina, Allah's Messenger (ﷺ) ordered us to proceed at night. When the order of setting off was given, I walked till I was past the army to answer the call of nature.

After finishing I returned (to the camp) to depart (with the others) and suddenly realized that my necklace over my chest was missing. So, I returned to look for it and was delayed because of that. The people who used to carry me on the camel, came to my Howdah and put it on the back of the camel, thinking that I was in it, as, at that time, women were light in weight, and thin and lean, and did not use to eat much. So, those people did not feel the difference in the heaviness of the Howdah while lifting it, and they put it over the camel. At that time I was a young lady. They set the camel moving and proceeded on.

I found my necklace after the army had gone, and came to their camp to find nobody. So, I went to the place where I used to stay, thinking that they would discover my absence and come back in my search. While in that state, I felt sleepy and slept. Safwan bin Mu'attal As-Sulami Adh-Dhakwani was behind the army and reached my abode in the morning. When he saw a sleeping person, he came to me, and he used to see me before veiling. So, I got up when I heard him saying, "Inna lil-lah-wa inn a ilaihi rajiun (We are for Allah, and we will return to Him)." He made his camel knell down. He got down from his camel, and put his leg on the front legs of the camel and then I rode and sat over it. Safwan set out walking, leading the camel by the rope till we reached the army who had halted to take rest at midday.

Then whoever was meant for destruction, fell into destruction, (some people accused me falsely) and the leader of the false accusers was `Abdullah bin Ubai bin Salul.

After that we returned to Medina, and I became ill for one month while the people were spreading the forged statements of the false accusers. I was feeling during my ailment as if I were not receiving the usual kindness from the Prophet (ﷺ) which I used to receive from him when I got sick. But he would come, greet and say, 'How is that (girl)?' I did not know anything of what was going on till I recovered from my ailment and went out with Um Mistah to the Manasi where we used to answer the call of nature, and we used not to go to answer the call of nature except from night to night and that was before we had lavatories near to our houses. And this habit of ours was similar to the habit of the old 'Arabs in the open country (or away from houses).

So. I and Um Mistah bint Ruhm went out walking. Um Mistah stumbled because of her long dress and on that she said, 'Let Mistah be ruined.' I said, 'You are saying a bad word. Why are you abusing a man who took part in (the battle of) Badr?' She said, 'O Hanata (you there) didn't you hear what they said?' Then she told me the rumors of the false accusers. My sickness was aggravated, and when I returned home, Allah's Messenger (ﷺ) came to me, and after greeting he said, 'How is that (girl)?' I requested him to allow me to go to my parents. I wanted then to be sure of the news through them I Allah's Messenger (ﷺ) allowed me, and I went to my parents and asked my mother, 'What are the people talking about?' She said, 'O my daughter! Don't worry much about this matter. By Allah, never is there a charming woman loved by her husband who has other wives, but the women would forge false news about her.' I said, 'Glorified be Allah! Are the people really taking of this matter?'

That night I kept on weeping and could not sleep till morning. In the morning Allah's Messenger (ﷺ) called `Ali bin Abu Talib and Usama bin Zaid when he saw the Divine Inspiration delayed, to consul them about divorcing his wife (i.e. `Aisha). Usama bin Zaid said what he knew of the good reputation of his wives and added, 'O Allah's Messenger (ﷺ)! Keep you wife, for, by Allah, we know nothing about her but good.'

`Ali bin Abu Talib said, 'O Allah's Messenger (ﷺ)! Allah has no imposed restrictions on you, and there are many women other than she, yet you may ask the woman-servant who will tell you the truth.' On that Allah's Messenger (ﷺ) called Barirah and said, 'O Barirah. Did you ever see anything which roused your suspicions about her?' Barirah said, 'No, by Allah Who has sent you with the Truth, I have never seen in her anything faulty except that she is a girl of immature age, who sometimes sleeps and leaves the dough for the goats to eat.'

On that day Allah's Messenger (ﷺ) ascended the pulpit and requested that somebody support him in punishing `Abdullah bin Ubai bin Salul. Allah's Apostle said, 'Who will support me to punish that person (`Abdullah bin Ubai bin Salul) who has hurt me by slandering the reputation of my family? By Allah, I know nothing about my family but good, and they have accused a person about whom I know nothing except good, and he never entered my house except in my company.'

Sa`d bin Mu`adh got up and said, 'O Allah's Messenger (ﷺ)! by Allah, I will relieve you from him. If that man is from the tribe of the Aus, then we will chop his head off, and if he is from our brothers, the Khazraj, then order us, and we will fulfill your order.'

On that Sa`d bin 'Ubada, the chief of the Khazraj and before this incident, he had been a pious man, got up, motivated by his zeal for his tribe and said, 'By Allah, you have told a lie; you cannot kill him, and you will never be able to kill him.'

On that Usaid bin Al-Hadir got up and said (to Sa`d bin 'Ubada), 'By Allah! you are a liar. By Allah, we will kill him; and you are a hypocrite, defending the hypocrites.' On this the two tribes of Aus and Khazraj got excited and were about to fight each other, while Allah's Messenger (ﷺ) was standing on the pulpit. He got down and quieted them till they became silent and he kept quiet.

On that day I kept on weeping so much so that neither did my tears stop, nor could I sleep. In the morning my parents were with me and I had wept for two nights and a day, till I thought my liver would burst from weeping. While they were sitting with me and I was weeping, an Ansari woman asked my permission to enter, and I allowed her to come in. She sat down and started weeping with me.

While we were in this state, Allah's Messenger (ﷺ) came and sat down and he had never sat with me since the day they forged the accusation. No revelation regarding my case came to him for a month. He recited Tashah-hud (i.e. None has the right to be worshipped but Allah and Muhammad is His Apostle) and then said, 'O `Aisha! I have been informed such-and-such about you; if you are innocent, then Allah will soon reveal your innocence, and if you have committed a sin, then repent to Allah and ask Him to forgive you, for when a person confesses his sin and asks Allah for forgiveness, Allah accepts his repentance.'

When Allah's Messenger (ﷺ) finished his speech my tears ceased completely and there remained not even a single drop of it. I requested my father to reply to Allah's Messenger (ﷺ) on my behalf. My father said, By Allah, I do not know what to say to Allah's Messenger (ﷺ).' I said to my mother, 'Talk to Allah's Messenger (ﷺ) on my behalf.' She said, 'By Allah, I do not know what to say to Allah's Apostle.

I was a young girl and did not have much knowledge of the Qur'an. I said. 'I know, by Allah, that you have listened to what people are saying and that has been planted in your minds and you have taken it as a truth. Now, if I told you that I am innocent and Allah knows that I am innocent, you would not believe me and if I confessed to you falsely that I am guilty, and Allah knows that I am innocent you would believe me. By Allah, I don't compare my situation with you except to the situation of Joseph's father (i.e. Jacob) who said,

فَصَبْرٌ جَمِيلٌ ۖوَاللَّهُ الْمُسْتَعَانُ عَلَى مَا تَصِفُونَ

(For me) patience is most fitting: against that which ye assert,

it is Allah (alone) whose help can be sought"... (12:18)

'So (for me) patience is most fitting against that which you assert and it is Allah (Alone) whose help can be sought.' Then I turned to the other side of my bed hoping that Allah would prove my innocence. By Allah I never thought that Allah would reveal Divine Inspiration in my case, as I considered myself too inferior to be talked of in the Holy Qur'an. I had hoped that Allah's Messenger (ﷺ) might have a dream in which Allah would prove my innocence. By Allah, Allah's Apostle had not got up and nobody had left the house before the Divine Inspiration came to Allah's Apostle. So, there overtook him the same state which used to overtake him, (when he used to have, on being inspired divinely). He was sweating so much so that the drops of the sweat were dropping like pearls though it was a (cold) wintry day.

When that state of Allah's Messenger (ﷺ) was over, he was smiling and the first word he said, `Aisha! Thank Allah, for Allah has declared your innocence.' My mother told me to go to Allah's Messenger (ﷺ) . I replied, 'By Allah I will not go to him and will not thank but Allah.' So Allah revealed:

إِنَّ الَّذِينَ جَاءُوا بِالْإِفْكِ عُصْبَةٌ مِنْكُمْ

Those who brought forward the lie are a body among yourselves: (24:11)

When Allah gave the declaration of my Innocence, Abu Bakr, who used to provide for Mistah bin Uthatha for he was his relative, said, 'By Allah, I will never provide Mistah with anything because of what he said about Aisha.' But Allah later revealed: --

وَلَا يَأْتَلِ أُولُو الْفَضْلِ مِنْكُمْ ...وَاللَّهُ غَفُورٌ رَحِيمٌ

Let not those among you who are endued with grace and amplitude of means

resolve by oath against helping their kinsmen, those in want,

and those who have left their homes in Allah's cause: let them forgive and overlook:

do you not wish that Allah should forgive you?For Allah is Oft-Forgiving, Most Merciful. (24:22)

After that Abu Bakr said, 'Yes ! By Allah! I like that Allah should forgive me,' and resumed helping Mistah whom he used to help before.

Allah's Messenger (ﷺ) also asked Zainab bint Jahsh (i.e. the Prophet's wife about me saying, 'What do you know and what did you see?' She replied, 'O Allah's Messenger (ﷺ)! I refrain to claim hearing or seeing what I have not heard or seen. By Allah, I know nothing except goodness about Aisha."

Aisha further added "Zainab was competing with me (in her beauty and the Prophet's love), yet Allah protected her (from being malicious), for she had piety."

If only one man attests the conduct of another

Hadith # 2662

Narrated Abu Bakra:

A man praised another man in front of the Prophet (ﷺ) . The Prophet (ﷺ) said to him, "Woe to you, you have cut off your companion's neck, you have cut off your companion's neck," repeating it several times and then added,

"Whoever amongst you has to praise his brother should say, 'I think that he is so and so, and Allah knows exactly the truth, and I do not confirm anybody's good conduct before Allah, but I think him so and so,' if he really knows what he says about him."

One should say only what he knows

Hadith # 2663

Narrated Abu Musa Al-Ash`ari:

The Prophet (ﷺ) heard someone praising another and exaggerating in his praise. The Prophet (ﷺ) said, "You have ruined or cut the man's back (by praising him so much)."

The boys attaining the age of puberty and their witness

Allah's saying

وَإِذَا بَلَغَ الأَطْفَالُ مِنْكُمُ الْحُلُمَ فَلْيَسْتَأْذِنُوا

But when the children among you come of age, let them (also) ask for permission,  (24:59)

Mugheera said, "I reached the age of puberty when I was twelve years old."

And puberty of girls is known from menstruation. Because of this saying of Allah:

وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ ... أَنْ يَضَعْنَ حَمْلَهُنَّ

Such of your women as have passed the age of monthly courses, for them the prescribed period,

 if ye have any doubt, is three months,

and for those who have no courses (it is the same):

for those who carry (life within their wombs), their period is until they deliver their burdens: (65:4)

Hadith # 2664

Narrated Ibn `Umar:

Allah's Messenger (ﷺ) called me to present myself in front of him or the eve of the battle of Uhud, while I was fourteen years of age at that time, and he did not allow me to take part in that battle, but he called me in front of him on the eve of the battle of the Trench when I was fifteen years old, and he allowed me (to join the battle)."

Nafi` said, "I went to `Umar bin `Abdul `Aziz who was Caliph at that time and related the above narration to him,

He said, "This age (fifteen) is the limit between childhood and manhood," and wrote to his governors to give salaries to those who reached the age of fifteen.

Hadith # 2665

Narrated Abu Sa`id Al-Khudri:

The Prophet (ﷺ) said, "Bath on Friday is compulsory for those who have attained the age of puberty."

The question of the judge to the plaintiff, "Have you a proof?"

Hadith # 2666, 2667

Narrated `Abdullah:

Allah's Messenger (ﷺ) said,

"If somebody takes a false oath in order to get the property of a Muslim (unjustly) by that oath, then Allah will be angry with him when he will meet Him."

Al-Ash'ath informed me, "By Allah! This was said regarding me. There was a dispute about a piece of land between me and a man from the Jews who denied my right. I took him to the Prophet. Allah's Messenger (ﷺ) asked me, 'Do you have an evidence?' I replied in the negative. He said to the Jew, 'Take an oath.' I said, 'O Allah's Messenger (ﷺ)! He will surely take an oath and take my property unjustly." So, Allah revealed:

إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلا

"Verily! Those who purchase a little gain at the cost of Allah's covenant and their oaths . . . " (3.77)

The defendant must take an oath

And the Holy Prophet (peace and blessings of Allah be upon him) said (to the plaintiff) that you present two of your witnesses, otherwise the decision will be taken on the oath of the plaintiff.

Qutiba narrated, Sufyan narrated from him, Ibn Shabarma narrated from him (the Qazi of Kufa) that (the Qazi of Madinah) Abu al-Zanad asked me (of the validity of) the testimony of only one witness with the oath of the plaintiff. ) then I said that Allah Ta'ala says

وَاسْتَشْهِدُوا شَهِيدَيْنِ مِنْ رِجَالِكُمْ ... فَتُذَكِّرَ إِحْدَاهُمَا الأُخْرَى

and if there are not two men, then a man and two women, such as ye choose, for witnesses,

so that if one of them errs, the other can remind her. (2:282)

I said that if the testimony of only one witness with the plaintiff's oath was sufficient, then what was the need to say that if one forgets, the other should remind him. What is the benefit of reminding another woman?

Hadith # 2668

Narrated Ibn Abu Mulaika:

Ibn `Abbas wrote that the Prophet (ﷺ) gave his verdict on the basis of the defendant's oath.

Hadith # 2669, 2670

Narrated Abu Wail:

`Abdullah (bin Mas`ud) said,

"Whoever takes a (false) oath in order to grab some property (unjustly), Allah will be angry with him when he will meet Him. Allah confirmed that through His Divine Revelation:

‏إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ ... وَلَا يُزَكِّيهِمْ وَلَهُمْ عَذَابٌ أَلِيمٌ

As for those who sell the faith they owe to Allah and their own plighted word for a small price,

they shall have no portion in the hereafter: nor will Allah (deign to) speak to them

or look at them on the Day of Judgment, nor will He cleanse them (of sin); they shall have a grievous penalty.(3:77)

Al-Ash'ath bin Qais came to us and asked, 'What is Abu `Abdur-Rahman (i.e. `Abdullah) telling you? 'We told him what he was narrating to us. He said, 'He was telling the truth; this Divine Verse was revealed in connection with me. There was a dispute between me and another man about something and the case was filed before Allah's Messenger (ﷺ) who said, 'Produce your two witnesses or else the defendant

is to take an oath.' I said, The defendant will surely take a (false) oath caring for nothing.' The Prophet (ﷺ) said, 'Whoever takes a false oath in order to grab (other's) property, then Allah will be angry with him when he will meet Him.'

Then Allah revealed its confirmation. Al-Ashath then recited the above Divine Verse." (3.77)

If someone claims something or accuses somebody he should be given respite to get evidence

Hadith # 2671

Narrated Ibn `Abbas:

Hilal bin Umaiya accused his wife before the Prophet (ﷺ) of committing illegal sexual intercourse with Sharik bin Sahma.'

The Prophet (ﷺ) said, "Produce a proof, or else you would get the legal punishment (by being lashed) on your back."

Hilal said, "O Allah's Messenger (ﷺ)! If anyone of us saw another man over his wife, would he go to search for a proof." T

he Prophet (ﷺ) went on saying, "Produce a proof or else you would get the legal punishment (by being lashed) on your back."

The Prophet (ﷺ) then mentioned the narration of Lian (as in the Holy Book). (Surat-al-Nur: 24)

The taking of an oath after the Asr prayer

Hadith # 2672

Narrated Abu Huraira:

Allah's Messenger (ﷺ) said,

"There are three persons whom Allah will neither talk to nor look at, nor purify from (the sins), and they will have a painful punishment. (They are):

- A man possessed superfluous water on a way and he withheld it from the travelers.

- a man who gives a pledge of allegiance to a Muslim ruler and gives it only for worldly gains. If the ruler gives him what he wants, he remains obedient to It, otherwise he does not abide by it, and

- a man bargains with another man after the `Asr prayer and the latter takes a false oath in the Name of Allah) claiming that he has been offered so much for the thing and the former (believes him and) buys it."

The defendant has to take an oath wherever it becomes legally compulsory

Hadith # 2673

Narrated Ibn Mas`ud:

The Prophet (ﷺ) said,

"Whoever takes a (false) oath in order to grab (others) property, then Allah will be angry with him when he will meet Him."

If people have to take an oath and each wants to take it first

Hadith # 2674

Narrated Abu Huraira:

The Prophet (ﷺ) asked some people to take an oath, and they hurried for it. The Prophet (ﷺ) ordered that lots should be drawn amongst them as to who would take an oath first.

Allah's Decree

A man showed his goods and swore by Allah that he was getting so much money for these goods, although he was not getting that much. This verse was revealed to him

إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلا

"Verily! Those who purchase a little gain at the cost of Allah's covenant and their oaths . . . " (3.77)

Hadith # 2675

Narrated `Abdullah bin Abu `Aufa:

A man displayed some goods in the market and took a false oath that he had been offered so much for them though he was not offered that amount Then the following Divine Verse was revealed:--

As for those who sell the faith they owe to Allah and their own plighted word for a small price,

they shall have no portion in the hereafter: nor will Allah (deign to) speak to them

or look at them on the Day of Judgment, nor will He cleanse them (of sin); they shall have a grievous penalty. (3:77)

Ibn Abu `Aufa added, "Such person as described above is a treacherous Riba eater (i.e. eater of usury).

Hadith # 2676, 2677

Narrated Abu Wail from `Abdullah:

The Prophet (ﷺ) said,

"Whoever takes a false oath in order to grab another man's (or his brother's) property, then Allah will be angry with him when he will meet him." Then Allah confirmed this by revealing the Divine Verse:

As for those who sell the faith they owe to Allah and their own plighted word for a small price,

they shall have no portion in the hereafter: nor will Allah (deign to) speak to them

or look at them on the Day of Judgment, nor will He cleanse them (of sin); they shall have a grievous penalty. (3:77)

Al-Ash'ath met me and asked, "What did `Abdullah tell you today?" I said, "So and so."

He said, "The Verse was revealed regarding my case."

How to swear?

Hadith # 2678

Narrated Talha bin 'Ubaidullah:

A man came to Allah's Messenger (ﷺ) asking him about Islam, Allah's Messenger (ﷺ) said, "You have to offer five compulsory prayers in a day and a night (24 hours)."

The man asked, "Is there any more compulsory prayers for me?" Allah's Messenger (ﷺ) said, "No, unless you like to offer Nawafil (i.e. optional prayers)."

Allah's Messenger (ﷺ) then added, "You have to observe fasts during the month of Ramadan."

The man said, "Am I to fast any other days?' Allah's Messenger (ﷺ) said, "No, unless you wish to observe the optional fast voluntarily."

Then Allah's Messenger (ﷺ) told him about the compulsory Zakat. The man asked, "Do I have to give anything besides?" Allah's Messenger (ﷺ) said, "No, unless you wish to give in charity voluntarily."

So, the man departed saying, "By Allah I will neither do more nor less than that." Allah's Messenger (ﷺ) said, "If he has said the truth he will be successful."

Hadith # 2679

Narrated `Abdullah:

The Prophet (ﷺ) said,

"Whoever has to take an oath should swear by Allah or remain silent." (i.e. He should not swear by other than Allah.)

The proof after (the defendant) has taken the oath

Hadith # 2680

Narrated Um Salama:

Once Allah's Messenger (ﷺ) said,

"You people present your cases to me and some of you may be more eloquent and persuasive in presenting their argument. So, if I give some one's right to another (wrongly) because of the latter's (tricky) presentation of the case, I am really giving him a piece of fire; so he should not take it."

Whoever sees that promises should be fulfilled

Hadith # 2681

Narrated `Abdullah bin `Abbas:

Abu Sufyan told me that Heraclius said to him,

"When I inquired you what he (i.e. Muhammad) ordered you, you replied that he ordered you to establish the prayer, to speak the truth, to be chaste, to keep promises and to pay back trusts."

Then Heraclius added, "These are really the qualities of a prophet."

Hadith # 2682

Narrated Abu Huraira:

Allah's Messenger (ﷺ) said,

"The signs of a hypocrite are three:

- whenever he speaks, he tells a lie,

- whenever he is entrusted, he proves to be dishonest,

- whenever he promises, he breaks his promise.

Hadith # 2683

Narrated Muhammad bin `Ali:

Jabir bin `Abdullah said,

"When the Prophet (ﷺ) died, Abu Bakr received some property from Al-`Ala bin Al-Hadrami. Abu Bakr said to the people, "Whoever has a money claim on the Prophet, or was promised something by him, should come to us (so that we may pay him his right)."

Jabir added, "I said (to Abu Bakr), Allah's Messenger (ﷺ) promised me that he would give me this much, and this much, and this much (spreading his hands three times)."

Jabir added, "Abu Bakr counted for me and handed me five-hundred (gold pieces), and then five-hundred, and then five-hundred."

Hadith # 2684

Narrated Sa`id bin Jubair:

A Jew from Hira asked me which one of the two periods Musa (i.e. Prophet Moses) completed. I said,

"I don't know, (but wait) till I see the most learned 'Arab and inquire him about it."

So, I went to Ibn `Abbas and asked him. He replied,

"Moses completed the longer and better period."

Ibn `Abbas added, "No doubt, an apostle of Allah always does what he says."

Al-Mushrikun should not be asked to give witness

Hadith # 2685

Narrated Ubaidullah bin `Abdullah bin `Utba:

Ibn `Abbas said,

"O Muslims? How do you ask the people of the Scriptures, though your Book (i.e. the Qur'an) which was revealed to His Prophet is the most recent information from Allah and you recite it, the Book that has not been distorted?

Allah has revealed to you that the people of the scriptures have changed with their own hands what was revealed to them and they have said (as regards their changed Scriptures):

This is from Allah, in order to get some worldly benefit thereby."

Ibn `Abbas added: "Isn't the knowledge revealed to you sufficient to prevent you from asking them? By Allah I have never seen any one of them asking (Muslims) about what has been revealed to you."

Drawing lots to solve problems

Hadith # 2686

Narrated An-Nu`man bin Bashir:

The Prophet (ﷺ) said,

"The example of the person abiding by Allah's orders and limits (or the one who abides by the limits and regulations prescribed by Allah) in comparison to the one who do wrong and violate Allah's limits and orders is like the example of people drawing lots for seats in a boat.

Some of them got seats in the upper part while the others in the lower part ; those in the, lower part have to pass by those in the upper one to get water, and that troubled the latter. One of them (i.e. the people in the lower part) took an ax and started making a hole in the bottom of the boat.

The people of the upper part came and asked him, (saying), 'What is wrong with you?'

He replied, "You have been troubled much by my (coming up to you), and I have to get water.' Now if they prevent him from doing that they will save him and themselves, but if they leave him (to do what he wants), they will destroy him and themselves."

Hadith # 2687

Narrated Um Al-Ala:

That when the Ansar drew lots as to which of the emigrants should dwell with which of the Ansar, the name of `Uthman bin Mazun came out (to be in their lot). Um Al-Ala further said, "Uthman stayed with us, and we nursed him when he got sick, but he died. We shrouded him in his clothes, and Allah's Apostle came to our house and I said, (addressing the dead `Uthman), 'O Abu As-Sa'ib! May Allah be merciful to you. I testify that Allah has blessed you.'

The Prophet (ﷺ) said to me, "How do you know that Allah has blessed him?" I replied, 'I do not know O Allah's Messenger (ﷺ)! May my parents be sacrificed for you.'

Allah's Messenger (ﷺ) said, 'As regards `Uthman, by Allah he has died and I really wish him every good, yet, by Allah, although I am Allah's Messenger (ﷺ), I do not know what will be done to him.'

Um Al- Ala added, 'By Allah I shall never attest the piety of anybody after him. And what Allah's Messenger (ﷺ)s said made me sad."

Um Al-Ala further said, "Once I slept and saw in a dream, a flowing stream for `Uthman. So I went to Allah's Messenger (ﷺ) and told him about it, he said, 'That is (the symbol of) his deeds."

Hadith # 2688

Narrated Aisha:

Whenever Allah's Messenger (ﷺ) intended to go on a journey, he used to draw lots among his wives and would take with him the one on whom the lot fell. He also used to fix for everyone of his wives a day and a night, but Sauda bint Zam`a gave her day and night to `Aisha, the wife of the Prophet (ﷺ) intending thereby to please Allah's Messenger (ﷺ).

Hadith # 2689

Narrated Abu Huraira:

Allah's Messenger (ﷺ) said,

- "If the people knew what is the reward of making the call (for the prayer) and (of being in) the first row (in the prayer), and if they found no other way to get this privilege except by casting lots, they would certainly cast lots for it.

- If they knew the reward of the noon prayer, they would race for it,

- and if they knew the reward of the morning (i.e. Fajr) and `Isha prayers, they would present themselves for the prayer even if they had to crawl to reach there".

Copy Rights:

Zahid Javed Rana, Abid Javed Rana,

Lahore, Pakistan


Visits wef 15 Nov 2022