'Amr bin Huraith allowed such a witness and said, "This is the way to be followed to discover the reality of an evil person." Ibn Sirin, 'Ata and Qatada said, "A witness can be based on hearing only (i.e., even if the hearer does not see the speaker.)" Al-Hasan used to say at the time of giving evidence, "They did not make me a witness but I heard such and such."
AuthenticMuttafaq ‘alayh (Bukhari and Muslim)No. 2638
انْطَلَقَ رَسُولُ اللَّهِ صلى الله عليه وسلم وَأُبَىُّ بْنُ كَعْبٍ الأَنْصَارِيُّ يَؤُمَّانِ النَّخْلَ الَّتِي فِيهَا ابْنُ صَيَّادٍ حَتَّى إِذَا دَخَلَ رَسُولُ اللَّهِ صلى الله عليه وسلم طَفِقَ رَسُولُ اللَّهِ صلى الله…
Chapter 4Chapter: When a witness or witnesses give an evidence
Chapter introduction
A-Humaidi said, "This (judgement) was adopted when Bilal said that the Prophet ﷺ had offered Salat (prayer) inside the Ka'bah while Al-Fadl said that he had not offered Salat, so the people accepted Bilal’s assertion. Similarly, if two persons give witness that such a person owes another one thousand Dirham, but two other witnesses state that he owes him one thousand and five hundred Dirham then the judgement will be based on the higher amount."
The Messenger of Allah (may Allah's peace and blessings be upon him) said concerning the daughter of Hamzah: ''She is not lawful for me (to marry). That which is unlawful due to lineage (blood relation) is unlawful due to breastfeeding. She is the daughter of my foster-brother.''
Chapter 8Chapter: The witness of a person falsely accusing somebody of illegal sexual intercourse and the witness of a thief or an adulterer
Chapter introduction
The Statement of Allah عز وجل: "... And reject their testimony forever, they indeed are the Fasiqun (liars, rebellious, disobedient to Allah). Except those who repent thereafter and do righteous deeds..." (V.24:4,5)
Umar gave legal punishment of scourging to Abu Bakra, Shibl bin Ma'bad and Nafi' for accusing Al-Mughira for illegal sexual intercourse falsely, and then they were made to repent and he said that whoever repented, his witness would be accepted (in the future). Abdullah bin 'Utba, 'Umar bin 'Abdul Aziz, Sa'id bin Jubair, Tawus, Mujahid, Ash-Sha'bi, 'Ikrima, Az-Zuhri, Muharib bin Dithar, Shuraih and Mu'awiya bin Qurra considered it permissible (i.e., the witness of the false accusers after being punished). Abu Az-Zinad said, "Our verdict in Al-Madina is that, if the false accuser (of others of illegal sexual intercourse) withdraws the accusation and repents, then his (future) witness is acceptable." Ash-Sha'bi and Qatada said, "If he tells that he has told a lie, the punishment will be instituted against him, but his (future) witness will be accepted."
Ath-Thauri said, "If a slave is scourged (for falsely accusing others of illegal sexual intercourse) and later on he is manumitted, then his (future) witness is to be accepted. If somebody who has received such punishment is made a judge, his decisions will be valid."
Some people said, "The witness of a false-accuser is not to be accepted even if he repented." They added: "The marriage is not legal unless it is witnessed by two witnesses; it is permissible that the two witnesses can be those who have received such punishments, but the slaves are not to be accepted as witnesses to marriage." He accepts the witness of the person who has received the punishment (for falsely accusing others of illegal sexual intercourse) and the witness of a male slave and a female slave concerning the appearance of the new moon (i.e., crescent) (of the month of fasting etc.). How to know the repentance of a person who has received the punishment of false accusation and no doubt, the Prophet ﷺ kept an adulterer in exile for a year. The Prophet ﷺ did not allow anybody to talk to Ka'b bin Malik and his two companions for fifty days.
"The best of you are my generation, then those who follow them, then those who follow them." ‘Imrān said: I do not know whether the Prophet (may Allah's peace and blessings be upon him) mentioned two or three generations. The Prophet (may Allah's peace and blessings be upon him) said: "Verily…
خَيْرُكُمْ قَرْنِي، ثُمَّ الَّذِينَ يَلُونَهُمْ، ثُمَّ الَّذِينَ يَلُونَهُمْ ". قَالَ عِمْرَانُ لاَ أَدْرِي أَذَكَرَ النَّبِيُّ صلى الله عليه وسلم بَعْدُ قَرْنَيْنِ أَوْ ثَلاَثَةً. قَالَ النَّبِيُّ صلى الله عليه…
"Shall I inform you of the gravest of the major sins?" He repeated this three times. They said: "Yes, O Messenger of Allah." He said: "Associating partners with Allah and undutifulness to parents." He was reclining and then sat up and said: "And indeed, the false statement." He repeated it so many…
Chapter 11Chapter: The witness of a blind man, his marriage, his affairs
Chapter introduction
Al-Qasim, Al-Hasan, Ibn Sirin, Az-Zuhri, and Ata permitted the witness of the blind. Ash-Sha'bi said, "The witness of a blind man is valid if he is intelligent and witty." Al-Hakam said, "The witness of a blind man in certain things is to be accepted." Az-Zuhri said, "Suppose Ibn Abbas gave a witness against me, would you reject his witness?" Ibn Abbas used to send a man to watch the sunset so that he might break his fast. He would ask about the dawn, and if he was informed that it was dawn, he would offer two Rak'a prayer. Sulaiman bin Yasar said, "I asked Aishah to admit me into her house, and she recognized my voice and said, 'Sulaiman! Come in, as you are still a slave so long as you still owe part of the price of your manumission.'" Samura bin Jundab accepted the evidence of a veiled woman.
AuthenticMuttafaq ‘alayh (Bukhari and Muslim)No. 2655
Chapter 13Chapter: The witness of male and female slaves
Chapter introduction
Anas said, "The witness of a slave is to be trusted, provided he is a just, well-reputed man." Shuraih and Zurara bin Aufa considered it permissible. Ibn Sirin considered the witness of a slave permissible except when in favour of his master. Al-Hasan and Ibrahim considered it permissible in minor matters. Shuraih said, "You are all the sons of slaves and slave-girls."
‘Uqbah ibn al-Hārith (may Allah be pleased with him) reported that he had married Umm Yahya bint Abi Ihāb. Then a black slave-woman came and said: "I suckled you both." I mentioned that to the Prophet (may Allah's peace and blessings be upon him) who turned his face aside. So I went to the other…
أَنَّهُ تَزَوَّجَ أُمَّ يَحْيَى بِنْتَ أَبِي إِهَابٍ قَالَ فَجَاءَتْ أَمَةٌ سَوْدَاءُ فَقَالَتْ قَدْ أَرْضَعْتُكُمَا. فَذَكَرْتُ ذَلِكَ لِلنَّبِيِّ صلى الله عليه وسلم فَأَعْرَضَ عَنِّي، قَالَ فَتَنَحَّيْتُ فَذَكَرْتُ…
Chapter 16Chapter: If only one man attests the conduct of another
Chapter introduction
Abu Jamila said, "I found a foundling, and when 'Umar saw me he said (what may mean), 'Perhaps what you intend to do will cause you trouble,' as if he was accusing me (of denying my paternity of the child and claiming falsely that he was a foundling). My monitor said, 'He is really a pious man.' 'Umar said to me, 'If it is so, then go (and be the child's guardian) and we will provide for it (from the Muslim's treasury).'"
AuthenticMuttafaq ‘alayh (Bukhari and Muslim)No. 2662
Abu Mūsa al-Ash‘ari (may Allah be pleased with him) reported: The Prophet (may Allah's peace and blessings be upon him) heard a man praising another and exaggerating in his praise, whereupon he said: ‘You have ruined - or cut - the man's back.
سَمِعَ النَّبِيُّ صلى الله عليه وسلم رَجُلاً يُثْنِي عَلَى رَجُلٍ، وَيُطْرِيهِ فِي مَدْحِهِ فَقَالَ " أَهْلَكْتُمْ ـ أَوْ قَطَعْتُمْ ـ ظَهْرَ الرَّجُلِ "
Chapter 18Chapter: The boys attaining the age of puberty and their witness
Chapter introduction
And the Statement of Allah تعالى:
"And when the children among you come to puberty, then let them (also) ask for permission." (V.24:59)
Al-Mughira said, "I attained puberty at the age of twelve." The attaining of puberty by women is with the start of menses, as is referred to by the Statement of Allah عز وجل:
"And those of your women as have passed the age of monthly courses, (up to) until they deliver (their burdens)..." (V.65:4)
Al-Hasan bin Salih said, "I saw a neighbourness of mine who became a grandmother at the age of twenty-one."
AuthenticMuttafaq ‘alayh (Bukhari and Muslim)No. 2664
Chapter 20Chapter: The defendant must take an oath
Chapter introduction
The Prophet ﷺ said, (that the plaintiff must have) “Two witnesses, otherwise (the defendant) should take the oath.”
Ibn Shubruma said, “When Abu Az-Zinad asked me my opinion about the verdict that one witness and the oath of the plaintiff are sufficient, I said, “Allah تعالى stated:
‘… And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, the other can remind her…’ (V.2:282)
I added, “If one witness and the oath of the plaintiff were sufficient, there would be no need for one of the two women to remind the other.”
AuthenticMuttafaq ‘alayh (Bukhari and Muslim)No. 2668
Chapter 23Chapter: The defendant has to take an oath wherever it becomes legally compulsory
Chapter introduction
Marwan ordered Zaid bin Thabit to take an oath on the pulpit, but the latter said, “I will take an oath at my place,” and started taking the oath and refused to take it on the pulpit. Marwan was surprised at his refusal. The Prophet ﷺ said to the plaintiff, “Produce your two witnesses, or else the defendant has to take an oath.” But he did not specify (where the oath was to be taken).
AuthenticMuttafaq ‘alayh (Bukhari and Muslim)No. 2673
Abu Hurayrah (may Allah be pleased with him) reported: The Prophet (may Allah's peace and blessings be upon him) suggested to some people that they should take an oath. When they hurried to do so, he said that lots should be cast to decide which of them should take the oath.
Chapter 25Chapter: The Statement of Allah Ta'ala: "Verily, those who purchase a small gain at the cost of Allah's Covenant and their oaths, they shall have no portion in the Hereafter..."
Allah تعالى said: “They swear by Allah…” (V.9:56, 62, 74, 95).
And Allah عز وجل said: “…They come to you swearing by Allah: ‘We meant no more than goodwill and conciliation’.” (V.4:62)
The expressions used in Arabic for ‘By Allah’ are: Bil-lahi, Tal-lahi, Wal-lahi.
The Prophet ﷺ said, “And a man who takes a false oath in the Name of Allah after the ‘Asr prayer. The Prophet ﷺ said, ‘One should not swear except by Allah.’”
AuthenticMuttafaq ‘alayh (Bukhari and Muslim)No. 2678
جَاءَ رَجُلٌ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَإِذَا هُوَ يَسْأَلُهُ عَنِ الإِسْلاَمِ، فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " خَمْسُ صَلَوَاتٍ فِي الْيَوْمِ وَاللَّيْلَةِ ". فَقَالَ هَلْ عَلَىَّ…
Chapter 27Chapter: The proof after (the defendant) has taken the oath
Chapter introduction
The Prophet ﷺ said, “Perhaps some of you are more eloquent and persuasive in presenting their arguments than their opponents.” Tawus, Ibrahim and Shuraih said, “A clear, just evidence (produced by the plaintiff) is more valid than a false oath (taken by the defendant).”
AuthenticMuttafaq ‘alayh (Bukhari and Muslim)No. 2680
Chapter 28Chapter: Whoever sees that promises should be fulfilled
Chapter introduction
Al-Hasan supported this judgement. (Allah says:)
"And mention in the Book (the Qur'an) Isma'il (Ishmael): Verily! He was true to what he promised." (V.19:54)
Ibn Al-Ashwa' judged that promises should be fulfilled, and he mentioned that Samura adopted the same opinion.
Narrated Al-Miswar bin Makhzama رضي الله عنه: I heard the Prophet ﷺ saying: (about one of his sons-in-law), "He promised me and fulfilled his promise." Narrated Abu 'Abdullah (Al-Bukhari): I saw Ishaq bin Ibrahim depending on Ibn Ashwa's narration in giving verdicts.
لَمَّا مَاتَ النَّبِيُّ صلى الله عليه وسلم جَاءَ أَبَا بَكْرٍ مَالٌ مِنْ قِبَلِ الْعَلاَءِ بْنِ الْحَضْرَمِيِّ، فَقَالَ أَبُو بَكْرٍ مَنْ كَانَ لَهُ عَلَى النَّبِيِّ صلى الله عليه وسلم دَيْنٌ، أَوْ كَانَتْ لَهُ قِبَلَهُ…
قَضَى أَكْثَرَهُمَا وَأَطْيَبَهُمَا، إِنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم إِذَا قَالَ فَعَلَ.
Narrated by Ibn ‘Abbās
Chapter 29Chapter: Al-Mushrikun should not be asked to give witness
Chapter introduction
Ash-Sha'bi said, "The witnesses of the people of the different religions against one another is not valid," as Allah عز وجل says:
"So, We planted amongst them enmity and hatred..." (V.5:14)
Abu Hurairah رضي الله عنه said, "The Prophet ﷺ said, 'Neither believe the people of the Scriptures, nor disbelieve them, but say: We believe in Allah and whatever was revealed by Him.'"
And the Statement of Allah جل جلاله: "...When they cast lots with their pens as to which of them should be charged with the care of Maryam (Mary)..." (V.3:44)
Ibn 'Abbas (explaining the Verse) said, "They drew lots (by throwing their pens in the river); the pens went along the stream except Zakariyya's pen which stood stationary against the flow of the stream, and so Zakariyya was charged with the care of Maryam."
Allah also said, "Fasahama! He (Prophet Jonah عليه السلام) (agreed to) cast lots, and he was among the losers," means, "the lot fell on him." (V.37:141)
Narrated Abu Hurairah رضي الله عنه, "The Prophet ﷺ ordered some people to take an oath, and all of them hurried to take it, but he ordered that lots be cast as to which of them should take the oath (first)."
