Discharging the Trusts | Riyad-us-Saliheen

Riyāḍ uṣ-Ṣāliḥīn · Chapter 25 of 372

Discharging the Trusts

The Book of Miscellany – Chapter 25 : Ahadith 199 – 202
Imam Abu Zakariyya Yahya ibn Sharaf an-Nawawi (d. 676 AH)

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Allah, the Exalted says:

إِنَّ ٱللَّهَ يَأۡمُرُكُمۡ أَن تُؤَدُّواْ ٱلۡأَمَٰنَٰتِ إِلَىٰٓ أَهۡلِهَا

“Verily! Allah commands that you should render back the trusts to those to whom they are due.”

[An-Nisā’ 4:58]

إِنَّا عَرَضۡنَا ٱلۡأَمَانَةَ عَلَى ٱلسَّمَٰوَٰتِ وَٱلۡأَرۡضِ وَٱلۡجِبَالِ فَأَبَيۡنَ أَن يَحۡمِلۡنَهَا وَأَشۡفَقۡنَ مِنۡهَا وَحَمَلَهَا ٱلۡإِنسَٰنُۖ إِنَّهُۥ كَانَ ظَلُومٗا جَهُولٗا

“Truly, We did offer Al-Amanah (the trust or moral responsibility or honesty and all the duties which Allah has ordained) to the heavens and the earth, and the mountains, but they declined to bear it and were afraid of it (i.e., afraid of Allah’s torment). But man bore it. Verily, he was unjust (to himself) and ignorant (of its results)”.

Sahih al-Bukhari: Book 93: Judgments (Ahkaam)

Sahih al-Bukhari · Book 93 of 97

Judgments

كتاب الأحكام · Ahkaam

Hadith 7137 – 722586 Ahadith

Chapter 1

The Statement of Allah: “(O you who believe!) Obey Allah and obey the Messenger (Muhammad ﷺ) and those of you (Muslims) who are in authority…” (V.4:59)

بَابُ قَوْلِ اللَّهِ تَعَالَى: {أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الأَمْرِ مِنْكُمْ}

7137. Narrated Abu Hurairah (radhiyallahu anhu):

Allah’s Messenger ﷺ said, “Whoever obeys me, obeys Allah, and whoever disobeys me, disobeys Allah, and whoever obeys the ruler I appoint, obeys me, and whoever disobeys him, disobeys me.”

Reference
: Sahih al-Bukhari 7137
USC-MSA reference
: Vol. 9, Book 89, Hadith 251 (old numbering)

7138. Narrated ‘Abdullah bin ‘Umar (radhiyallahu anhuma):

Allah’s Messenger ﷺ said, “Surely! Everyone of you is a guardian and is responsible for his charges: The Imam (ruler) of the people is a guardian and is responsible for his subjects; a man is the guardian of his family (household) and is responsible for his subjects; a woman is the guardian of her husband’s home and of his children and is responsible for them; and the slave of a man is a guardian of his master’s property and is responsible for it. Surely, everyone of you is a guardian and responsible for his charges.”

Reference
: Sahih al-Bukhari 7138
USC-MSA reference
: Vol. 9, Book 89, Hadith 252 (old numbering)
Chapter 2

The (chief) rulers (of all Muslims must be) from the Quraish.

باب الأُمَرَاءُ مِنْ قُرَيْشٍ

7139. Narrated Muhammad bin Jubair bin Mut’im:

That while he was included in a delegation of Quraish staying with Muawiya, Muawiya heard that ‘Abdullah bin ‘Amr had said that there would be a king from Qahtan tribe, whereupon he became very angry. He stood up, and after glorifying and praising Allah as He deserved, said, “To proceed, I have come to know that some of you men are narrating things which are neither in Allah’s Book, nor has been mentioned by Allah’s Messenger ﷺ . Such people are the ignorant among you. Beware of such vain desires that mislead those who have them. I have heard Allah’s Messenger ﷺ saying, ‘This matter (of the caliphate) will remain with the Quraish, and none will rebel against them, but Allah will throw him down on his face as long as they stick to the rules and regulations of the religion (Islam).'”

Reference
: Sahih al-Bukhari 7139
USC-MSA reference
: Vol. 9, Book 89, Hadith 253 (old numbering)

7140. Narrated Ibn ‘Umar (radhiyallahu anhuma):

Allah’s Messenger ﷺ said, “This matter (caliphate) will remain with the Quraish even if only two of them were still existing.”

Reference
: Sahih al-Bukhari 7140
USC-MSA reference
: Vol. 9, Book 89, Hadith 254 (old numbering)
Chapter 3

The reward of the person who judges according to (the principles of) Al-Hikmah (wisdom, i.e., the Laws of Allah’s Book), as (is understood from) the Statement of Allah: “…And whosoever does not judge by what Allah has revealed, (then) such (people) are the Fasiqun [the rebellious, i.e., disobedient (of a lesser degree) to Allah].” (V.5:47)

باب أَجْرِ مَنْ قَضَى بِالْحِكْمَةِ

7141. Narrated ‘Abdullah (radhiyallahu anhu):

Allah’s Messenger ﷺ said, “Do not wish to be like anyone, except in two cases: (1) A man whom Allah has given wealth and he spends it righteously. (2) A man whom Allah has given wisdom (knowledge of the Qur’an and the Hadith) and he acts according to it and teaches it to others.”

Reference
: Sahih al-Bukhari 7141
USC-MSA reference
: Vol. 9, Book 89, Hadith 255 (old numbering)
Chapter 4

To listen to and obey one’s Imam (Muslim ruler) as long as his orders involve not one in disobedience (to Allah).

باب السَّمْعِ وَالطَّاعَةِ لِلإِمَامِ مَا لَمْ تَكُنْ مَعْصِيَةً

7142. Narrated Anas bin Malik (radhiyallahu anhu):

Allah’s Messenger ﷺ said, “You should listen to and obey, your ruler even if he was an Ethiopian (black) slave whose head looks like a raisin.”

Reference
: Sahih al-Bukhari 7142
USC-MSA reference
: Vol. 9, Book 89, Hadith 256 (old numbering)

7143. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

The Prophet ﷺ said, “If somebody sees his Muslim ruler doing something he disapproves of, he should be patient, for whoever becomes separate from the Muslim group even for a span and then dies, he will die as those who died in the Pre-Islamic period of ignorance (as rebellious sinners). (See Hadith No. 176 and 177)

Reference
: Sahih al-Bukhari 7143
USC-MSA reference
: Vol. 9, Book 89, Hadith 257 (old numbering)

7144. Narrated ‘Abdullah (radhiyallahu anhu):

The Prophet ﷺ said, “A Muslim has to listen to and obey (the order of his ruler) whether he likes it or not, as long as his orders involve not one in disobedience (to Allah), but if an act of disobedience (to Allah) is imposed one should not listen to it or obey it. (See Hadith No. 203, Vol. 4)

Reference
: Sahih al-Bukhari 7144
USC-MSA reference
: Vol. 9, Book 89, Hadith 258 (old numbering)

7145. Narrated ‘Ali (radhiyallahu anhu):

The Prophet ﷺ sent an army unit (for some campaign) and appointed a man from the Ansar as its commander and ordered them (the soldiers) to obey him. (During the campaign) he became angry with them and said, “Didn’t the Prophet ﷺ order you to obey me?” They said, “Yes.” He said, “I order you to collect wood and make a fire and then throw yourselves into it.” So they collected wood and made a fire, but when they were about to throw themselves into, it they started looking at each other, and some of them said, “We followed the Prophet ﷺ to escape from the fire. How should we enter it now?” So while they were in that state, the fire extinguished and their commander’s anger abated. The event was mentioned to the Prophet ﷺ and he said, “If they had entered it (the fire) they would never have come out of it, for obedience is required only in what is good.” (See Hadith No. 629. Vol. 5)

Reference
: Sahih al-Bukhari 7145
USC-MSA reference
: Vol. 9, Book 89, Hadith 259 (old numbering)
Chapter 5

If somebody does not seek the authority of ruling, then Allah will surely help him (if he is given such authority).

باب مَنْ لَمْ يَسْأَلِ الإِمَارَةَ أَعَانَهُ اللَّهُ

7146. Narrated ‘Abdur-Rahman bin Samura (radhiyallahu anhu):

The Prophet ﷺ said, “O ‘Abdur-Rahman! Do not seek to be a ruler, for if you are given authority on your demand then you will be held responsible for it, but if you are given it without asking (for it), then you will be helped (by Allah) in it. If you ever take an oath to do something and later on you find that something else is better, then you should expiate your oath and do what is better.”

Reference
: Sahih al-Bukhari 7146
USC-MSA reference
: Vol. 9, Book 89, Hadith 260 (old numbering)
Chapter 6

He who seeks to be a ruler will be held responsible for that (i.e., Allah will not help him in his duty).

باب مَنْ سَأَلَ الإِمَارَةَ وُكِلَ إِلَيْهَا

7147. Narrated ‘Abdur-Rahman bin Samura (radhiyallahu anhu):

Allah’s Messenger ﷺ said, “O ‘Abdur-Rahman bin Samura! Do not seek to be a ruler, for if you are given authority on your demand, you will be held responsible for it, but if you are given it without asking for it, then you will be helped (by Allah) in it. If you ever take an oath to do something and later on you find that something else is better, then do what is better and make expiation for your oath.”

Reference
: Sahih al-Bukhari 7147
USC-MSA reference
: Vol. 9, Book 89, Hadith 261 (old numbering)
Chapter 7

What is disliked regarding being keen to have the authority of ruling.

باب مَا يُكْرَهُ مِنَ الْحِرْصِ عَلَى الإِمَارَةِ

7148. Narrated Abu Hurairah (radhiyallahu anhu):

The Prophet ﷺ said, “You people will be keen to have the authority of ruling which will be a thing of regret for you on the Day of Resurrection. What an excellent wet nurse it is, yet what a bad weaning one it is!”

Reference
: Sahih al-Bukhari 7148
USC-MSA reference
: Vol. 9, Book 89, Hadith 262 (old numbering)

7149. Narrated Abu Musa (radhiyallahu anhu):

Two men from my tribe and I entered upon the Prophet ﷺ. One of the two men said to the Prophet ﷺ, “O Allah’s Messenger ﷺ! Appoint me as a governor,” and so did the second. The Prophet ﷺ said, “We do not assign the authority of ruling to those who ask for it, nor to those who are keen to have it.”

Reference
: Sahih al-Bukhari 7149
USC-MSA reference
: Vol. 9, Book 89, Hadith 263 (old numbering)
Chapter 8

If somebody is assigned the authority of ruling some people but he does not look after them in an honest manner.

باب مَنِ اسْتُرْعِيَ رَعِيَّةً فَلَمْ يَنْصَحْ

7150. Narrated Ma’qil (radhiyallahu anhu):

I heard the Prophet ﷺ saying, “Any man whom Allah has given the authority of ruling some people and he does not look after them in an honest manner, will never feel even the smell of Paradise.”

Reference
: Sahih al-Bukhari 7150
USC-MSA reference
: Vol. 9, Book 89, Hadith 264 (old numbering)

7151. Narrated Ma’qil (radhiyallahu anhu):

Allah’s Messenger ﷺ said, “If any ruler having the authority to rule Muslim subjects dies while he is deceiving them, Allah will forbid Paradise for him.”

Reference
: Sahih al-Bukhari 7151
USC-MSA reference
: Vol. 9, Book 89, Hadith 265 (old numbering)
Chapter 9

Whoever puts the people into troubles and difficulties will be put into troubles and difficulties by Allah.

باب مَنْ شَاقَّ شَقَّ اللَّهُ عَلَيْهِ

7152. Narrated Tarif Abi Tamima:

I saw Safwan and Jundab and Safwan’s companions when Jundab was advising. They said, “Did you hear something from Allah’s Messenger ﷺ?” Jundab said, “I heard him saying, ‘Whoever does a good deed in order to show off, Allah will expose his intentions on the Day of Resurrection (before the people), and whoever puts the people into difficulties, Allah will put him into difficulties on the Day of Resurrection.'” The people said (to Jundab), “Advise us.” He said, “The first thing of the human body to purify is the abdomen, so he who can eat nothing but good food (Halal and earned lawfully) should do so, and he who does as much as he can that nothing intervene between him and Paradise by not shedding even a handful of blood, (i.e. murdering) should do so.”

Reference
: Sahih al-Bukhari 7152
USC-MSA reference
: Vol. 9, Book 89, Hadith 266 (old numbering)
Chapter 10

To give judgements and legal opinions on the road.

باب الْقَضَاءِ وَالْفُتْيَا فِي الطَّرِيقِ

7153. Narrated Anas bin Malik (radhiyallahu anhu):

While the Prophet ﷺ and I were coming out of the mosque, a man met us outside the gate. The man said, “O Allah’s Messenger ﷺ! When will be the Hour?” The Prophet ﷺ asked him, “What have you prepared for it?” The man became afraid and ashamed and then said, “O Allah’s Messenger ﷺ! I haven’t prepared for it much of fasts, prayers or charitable gifts but I love Allah and His Messenger.” The Prophet ﷺ said, “You will be with the one whom you love.”

Reference
: Sahih al-Bukhari 7153
USC-MSA reference
: Vol. 9, Book 89, Hadith 267 (old numbering)
Chapter 11

It is mentioned that there was no gatekeeper for the Prophet ﷺ.

باب مَا ذُكِرَ أَنَّ النَّبِيَّ صلى الله عليه وسلم لَمْ يَكُنْ لَهُ بَوَّابٌ

7154. Narrated Thabit Al-Bunani:

Anas bin Malik said to a woman of his family, “Do you know such-and-such a woman?” She replied, “Yes.” He said, “The Prophet ﷺ passed by her while she was weeping over a grave, and he said to her, ‘Be afraid of Allah and be patient.’ The woman said (to the Prophet ﷺ). ‘Go away from me, for you do not know my calamity.'” Anas added, “The Prophet ﷺ left her and proceeded. A man passed by her and asked her, ‘What has Allah’s Messenger ﷺ said to you?’ She replied, ‘I did not recognize him.’ The man said, ‘He was Allah’s Messenger ﷺ.”‘ Anas added, “So that woman came to the gate of the Prophet ﷺ and she did not find a gate-keeper there, and she said, ‘O Allah’s Messenger ﷺ! By Allah. I did not recognize you!’ The Prophet ﷺ said, ‘No doubt, patience is at the first stroke of a calamity.'”

Reference
: Sahih al-Bukhari 7154
USC-MSA reference
: Vol. 9, Book 89, Hadith 268 (old numbering)
Chapter 12

A governor (of a province, etc.) who is under the Imam can sentence to death a person who deserves such punishment without consulting the Imam.

باب الْحَاكِمِ يَحْكُمُ بِالْقَتْلِ عَلَى مَنْ وَجَبَ عَلَيْهِ دُونَ الإِمَامِ الَّذِي فَوْقَهُ

7155. Narrated Anas (radhiyallahu anhu):

Qais bin Sa’d was to the Prophet ﷺ like a chief police officer to an Amir (chief).

Reference
: Sahih al-Bukhari 7155
USC-MSA reference
: Vol. 9, Book 89, Hadith 269 (old numbering)

7156. Narrated Abu Musa (radhiyallahu anhu):

that the Prophet ﷺ sent him and sent Mu’adh after him (as rulers to Yemen).

Reference
: Sahih al-Bukhari 7156
USC-MSA reference
: Vol. 9, Book 89, Hadith 270 (old numbering)

7157. Narrated Abu Musa (radhiyallahu anhu):

A man embraced Islam and then reverted back to Judaism. Mu’adh bin Jabal came and saw the man with Abu Musa. Mu’adh asked, “What is wrong with this (man)?” Abu Musa replied, “He embraced Islam and then reverted back to Judaism.” Mu’adh said, “I will not sit down unless you kill him (as it is) the verdict of Allah and His Messenger ﷺ

Reference
: Sahih al-Bukhari 7157
USC-MSA reference
: Vol. 9, Book 89, Hadith 271 (old numbering)
Chapter 13

Can a judge give a judgement or a formal legal opinion while he is in an angry mood?

باب هَلْ يَقْضِي الْحَاكِمُ أَوْ يُفْتِي وَهْوَ غَضْبَانُ

7158. Narrated ‘Abdur Rahman bin Abi Bakra:

Abu Bakra wrote to his son who was in Sijistan: ‘Do not judge between two persons when you are angry, for I heard the Prophet ﷺ saying, “A judge should not judge between two persons while he is in an angry mood.”

Reference
: Sahih al-Bukhari 7158
USC-MSA reference
: Vol. 9, Book 89, Hadith 272 (old numbering)

7159. Narrated Abu Mas’ud Al-Ansari (radhiyallahu anhu):

A man came to Allah’s Messenger ﷺ and said, “O Allah’s Messenger ﷺ! By Allah, I fail to attend the morning congregational prayer because so-and-so (i.e., Muadh bin Jabal) prolongs the prayer when he leads us for it.” I had never seen the Prophet ﷺ more furious in giving advice than he was on that day. He then said, “O people! some of you make others dislike (good deeds, i.e. prayers etc). So whoever among you leads the people in prayer, he should shorten it because among them there are the old, the weak and the busy (needy having some jobs to do). (See Hadith No. 90, Vol. 1)

Reference
: Sahih al-Bukhari 7159
USC-MSA reference
: Vol. 9, Book 89, Hadith 273 (old numbering)

7160. Narrated ‘Abdullah bin ‘Umar (radhiyallahu anhuma):

That he had divorced his wife during her menses. ‘Umar mentioned that to the Prophet ﷺ. Allah’s Messenger ﷺ became angry and said, “He must take her back (his wife) and keep her with him till she becomes clean from her menses and then to wait till she gets her next period and becomes clean again from it and only then, if he wants to divorce her, he may do so.”

Reference
: Sahih al-Bukhari 7160
USC-MSA reference
: Vol. 9, Book 89, Hadith 274 (old numbering)
Chapter 14

Whosoever thinks that a judge can give judgements for the people according to his knowledge if he is not afraid of being suspected or blamed.

بَابُ مَنْ رَأَى لِلْقَاضِي أَنْ يَحْكُمَ بِعِلْمِهِ فِي أَمْرِ النَّاسِ إِذَا لَمْ يَخَفِ الظُّنُونَ وَالتُّهَمَةَ

7161. Narrated ‘Aishah (radhiyallahu anha):

Hind bint ‘Utba bin Rabia came and said. “O Allah’s Messenger ﷺ! By Allah, there was no family on the surface of the earth, I like to see in degradation more than I did your family, but today there is no family on the surface of the earth whom I like to see honored more than yours.” Hind added, “Abu Sufyan is a miser. Is it sinful of me to feed our children from his property?” The Prophet ﷺ said, “There is no blame on you if you feed them (thereof) in a just and reasonable manner.

Reference
: Sahih al-Bukhari 7161
USC-MSA reference
: Vol. 9, Book 89, Hadith 275 (old numbering)
Chapter 15

To bear witness as to the writer of a stamped letter, and to what extent it is permissible or forbidden to (bear such witness). The letter of a ruler sent to his governor, and similarly of a judge to a judge.

باب الشَّهَادَةِ عَلَى الْخَطِّ الْمَخْتُومِ

7162. Narrated Anas bin Malik (radhiyallahu anhu):

When the Prophet ﷺ intended to write to the Byzantines, the people said, “They do not read a letter unless it is sealed (stamped).” Therefore the Prophet ﷺ took a silver ring—-as if I am looking at its glitter now—-and its engraving was: ‘Muhammad, Messenger ﷺ of Allah’

Reference
: Sahih al-Bukhari 7162
USC-MSA reference
: Vol. 9, Book 89, Hadith 276 (old numbering)
Chapter 16

When is a man entitled to be a judge?

بَابُ مَتَى يَسْتَوْجِبُ الرَّجُلُ الْقَضَاءَ

Chapter 17

The salaries of rulers and those employed to administer the funds.

باب رِزْقِ الْحُكَّامِ وَالْعَامِلِينِ عَلَيْهَا

7163. Narrated ‘Abdullah bin As-Sa’di (radhiyallahu anhu):

That when he went to ‘Umar during his Caliphate. ‘Umar said to him, “Haven’t I been told that you do certain jobs for the people but when you are given payment you refuse to take it?” ‘Abdullah added: I said, “Yes.” ‘Umar said, “Why do you do so?” I said, “I have horses and slaves and I am living in prosperity and I wish that my payment should be kept as a charitable gift for the Muslims.” ‘Umar said, “Do not do so, for I intended to do the same as you do. Allah’s Messengers used to give me gifts and I used to say to him, ‘Give it to a more needy one than me.’ Once he gave me some money and I said, ‘Give it to a more needy person than me,’ whereupon the Prophet ﷺ said, ‘Take it and keep it in your possession and then give it in charity. Take what ever comes to you of this money if you are not keen to have it and not asking for it; otherwise (i.e., if it does not come to you) do not seek to have it yourself.’ “

Reference
: Sahih al-Bukhari 7163
USC-MSA reference
: Vol. 9, Book 89, Hadith 277 (old numbering)
Chapter 18

Whoever gave judgements of Li’an in the mosque.

باب مَنْ قَضَى وَلاَعَنَ فِي الْمَسْجِدِ

7164. Narrated ‘Abdullah bin ‘Umar (radhiyallahu anhuma):

I have heard ‘Umar saying, “The Prophet ﷺ used to give me some money (grant) and I would say (to him), ‘Give it to a more needy one than me.’ Once he gave me some money and I said, ‘Give it to a more needy one than me.’ The Prophet ﷺ said (to me), ‘Take it and keep it in your possession and then give it in charity. Take whatever comes to you of this money while you are not keen to have it and not asking for it; take it, but you should not seek to have what you are not given. ‘ “

Reference
: Sahih al-Bukhari 7164
USC-MSA reference
: Vol. 9, Book 89, Hadith 277 (old numbering)

7165. Narrated Sahl bin Sa’d (radhiyallahu anhu):

I witnessed a husband and a wife who were involved in a case of Lian. Then (the judgment of) divorce was passed. I was fifteen years of age, at that time.

Reference
: Sahih al-Bukhari 7165
USC-MSA reference
: Vol. 9, Book 89, Hadith 278 (old numbering)

7166. Narrated Sahl (radhiyallahu anhu):

(the brother of Bani Sa’ida) A man from the Ansar came to the Prophet ﷺ and said, “If a man finds another man sleeping with his wife, should he kill him?” That man and his wife then did Lian in the mosque while I was present.

Reference
: Sahih al-Bukhari 7166
USC-MSA reference
: Vol. 9, Book 89, Hadith 279 (old numbering)
Chapter 19

Whosoever passed a judgement in the mosque and when the actual legal punishment was to be put to action, he ordered the guilty person to be taken outside the mosque so that the punishment might be carried out.

بَابُ مَنْ حَكَمَ فِي الْمَسْجِدِ حَتَّى إِذَا أَتَى عَلَى حَدٍّ أَمَرَ أَنْ يُخْرَجَ مِنَ الْمَسْجِدِ فَيُقَامَ

7167. Narrated Abu Hurairah (radhiyallahu anhu):

A man came to Allah’s Messenger ﷺ while he was in the mosque, and called him, saying, “O Allah’s Messenger ﷺ! I have committed illegal sexual intercourse.” The Prophet ﷺ turned his face to the other side, but when the man gave four witnesses against himself, the Prophet ﷺ said to him, “Are you mad?” The man said, “No.” So the Prophet ﷺ said (to his companions), “Take him away and stone him to death. “

Reference
: Sahih al-Bukhari 7167
USC-MSA reference
: Vol. 9, Book 89, Hadith 280 (old numbering)

7168. [H. 7167 contd.] Narrated Jabir bin ‘Abdullah (radhiyallahu anhuma): I was one of those who stoned him at the Musalla in Al-Madina. (See H. 5272)

Reference
: Sahih al-Bukhari 7168
USC-MSA reference
: Vol. 9, Book 89, Hadith 280 (old numbering)
Chapter 20

The advice of the Imam (ruler) to the litigants.

باب مَوْعِظَةِ الإِمَامِ لِلْخُصُومِ

7169. Narrated Um Salama (radhiyallahu anha):

Allah’s Messenger ﷺ said, “I am only a human being, and you people (opponents) come to me with your cases; and it may be that one of you can present his case eloquently in a more convincing way than the other, and I give my verdict according to what I hear. So if ever I judge (by error) and give the right of a brother to his other (brother) then he (the latter) should not take it, for I am giving him only a piece of Fire.” (See Hadith No. 638, Vol. 3).

Reference
: Sahih al-Bukhari 7169
USC-MSA reference
: Vol. 9, Book 89, Hadith 281 (old numbering)
Chapter 21

If a judge has to witness in favour of a litigant when he is a judge or he had it before he became a judge (can he pass a judgement in his favour accordingly or should he refer the case to another judge before whom he would bear witness?).

باب الشَّهَادَةِ تَكُونُ عِنْدَ الْحَاكِمِ فِي وِلاَيَتِهِ الْقَضَاءِ أَوْ قَبْلَ ذَلِكَ لِلْخَصْمِ

7170. Narrated Abu Qatada (radhiyallahu anhu):

Allah’s Messenger ﷺ said on the Day of (the battle of) Hunain, “Whoever has killed an infidel and has a proof or a witness for it, then the salb (arms and belongings of that deceased) will be for him.” I stood up to seek a witness to testify that I had killed an infidel but I could not find any witness and then sat down. Then I thought that I should mention the case to Allah’s Messenger ﷺ I (and when I did so) a man from those who were sitting with him said, “The arms of the killed person he has mentioned, are with me, so please satisfy him on my behalf.” Abu Bakr said, “No, he will not give the arms to a bird of Quraish and deprive one of Allah’s lions of it who fights for the cause of Allah and His Messenger ﷺ.” Allah’s Messenger ﷺ I stood up and gave it to me, and I bought a garden with its price, and that was my first property which I owned through the war booty.

The people of Hijaz said, “A judge should not pass a judgment according to his knowledge, whether he was a witness at the time he was the judge or before that” And if a litigant gives a confession in favor of his opponent in the court, in the opinion of some scholars, the judge should not pass a judgment against him till the latter calls two witnesses to witness his confession. And some people of Iraq said, “A judge can pass a judgement according to what he hears or witnesses (the litigant’s confession) in the court itself, but if the confession takes place outside the court, he should not pass the judgment unless two witnesses witness the confession.” Some of them said, “A judge can pass a judgement depending on his knowledge of the case as he is trust-worthy, and that a witness is Required just to reveal the truth. The judge’s knowledge is more than the witness.” Some said, “A judge can judge according to his knowledge only in cases involving property, but in other cases he cannot.” Al-Qasim said, “A judge ought not to pass a judgment depending on his knowledge if other people do not know what he knows, although his knowledge is more than the witness of somebody else because he might expose himself to suspicion by the Muslims and cause the Muslims to have unreasonable doubt. “

Reference
: Sahih al-Bukhari 7170
USC-MSA reference
: Vol. 9, Book 89, Hadith 282 (old numbering)

7171. Narrated ‘Ali bin Husain:

Safiya bint (daughter of) Huyai came to the Prophet ﷺ (in the mosque), and when she returned (home), the Prophet ﷺ accompanied her. It happened that two men from the Ansar passed by them and the Prophet ﷺ called them saying, “She is Safiya!” those two men said, “Subhan Allah!” The Prophet ﷺ said, “Satan circulates in the human body as blood does.”

Reference
: Sahih al-Bukhari 7171
USC-MSA reference
: Vol. 9, Book 89, Hadith 283 (old numbering)
Chapter 22

The order of the Wali (chief ruler) sending two Amir (governors) to one place that they should cooperate and agree with each other and should not differ with one another.

باب أَمْرِ الْوَالِي إِذَا وَجَّهَ أَمِيرَيْنِ إِلَى مَوْضِعٍ أَنْ يَتَطَاوَعَا وَلاَ يَتَعَاصَيَا

7172. Narrated Abu Burda:

The Prophet ﷺ sent my father and Mu’adh bin Jabal to Yemen and said (to them), “Make things easy for the people and do not put hurdles in their way, and give them glad tiding, and don’t let them have aversion (i.e. to make people to hate good deeds) and you both should work in cooperation and mutual understanding” Abu Musa said to Allah’s Messenger ﷺ, “In our country a special alcoholic drink called Al-Bit’, is prepared (for drinking).” The Prophet ﷺ said, “Every intoxicant is prohibited. “

Reference
: Sahih al-Bukhari 7172
USC-MSA reference
: Vol. 9, Book 89, Hadith 284 (old numbering)
Chapter 23

The ruler’s acceptance of invitation.

باب إِجَابَةِ الْحَاكِمِ الدَّعْوَةَ

7173. Narrated Abu Musa (radhiyallahu anhu):

The Prophet ﷺ said, “Set free the captives and accept invitations.”

Reference
: Sahih al-Bukhari 7173
USC-MSA reference
: Vol. 9, Book 89, Hadith 285 (old numbering)
Chapter 24

The gifts taken by the employees.

باب هَدَايَا الْعُمَّالِ

7174. Narrated Abu Humaid Al-Sa’idi (radhiyallahu anhu):

The Prophet ﷺ appointed a man from the tribe of Bani Asad, called Ibn Al-Utabiyya to collect the Zakat. When he returned (with the money) he said (to the Prophet ﷺ), “This is for you and this has been given to me as a gift.” The Prophet ﷺ stood up on the pulpit (Sufyan said he ascended the pulpit), and after glorifying and praising Allah, he said, “What is wrong with the employee whom we send (to collect Zakat from the public) that he returns to say, ‘This is for you and that is for me?’ Why didn’t he stay at his father’s and mother’s house to see whether he will be given gifts or not? By Him in Whose Hand my life is, whoever takes anything illegally will bring it on the Day of Resurrection by carrying it over his neck: if it is a camel, it will be grunting: if it is a cow, it will be mooing: and if it is a sheep it will be bleating!” The Prophet ﷺ then raised both his hands till we saw the whiteness of his armpits (and he said), “No doubt! Haven’t I conveyed Allah’s Message?” And he repeated it three times.

Reference
: Sahih al-Bukhari 7174
USC-MSA reference
: Vol. 9, Book 89, Hadith 286 (old numbering)
Chapter 25

To appoint the Maula (freed slaves) as judges and officials.

باب اسْتِقْضَاءِ الْمَوَالِي وَاسْتِعْمَالِهِمْ

7175. Narrated Ibn ‘Umar (radhiyallahu anhuma):

Salim, the freed salve of Abu Hudhaifa used to lead in prayer the early Muhajirin (emigrants) and the companions of the Prophet ﷺ in the Quba mosque. Among those (who used to pray behind him) were Abu Bakr, ‘Umar, Abu Salama, and Amir bin Rabi’a.

Reference
: Sahih al-Bukhari 7175
USC-MSA reference
: Vol. 9, Book 89, Hadith 287 (old numbering)
Chapter 26

The ‘Urafa appointed to look after the people’s affairs.

باب الْعُرَفَاءِ لِلنَّاسِ

7176, 7177. Narrated ‘Urwa bin Az-Zubair:

Marwan bin Al-Hakam and Al-Miswar bin Makhrama told him that when the Muslims were permitted to set free the captives of Hawazin, Allah’s Messenger ﷺ said, “I do not know who amongst you has agreed (to it) and who has not. Go back so that your ‘Urafa’ may submit your decision to us.” So the people returned and their ‘Urafa’ talked to them and then came back to Allah’s Messenger ﷺ and told him that the people had given their consent happily and permitted (their captives to be freed).

Reference
: Sahih al-Bukhari 7176, 7177
USC-MSA reference
: Vol. 9, Book 89, Hadith 288 (old numbering)
Chapter 27

What is disliked as regards praising the Sultan (ruler) (in his presence) and saying something different after leaving him.

باب مَا يُكْرَهُ مِنْ ثَنَاءِ السُّلْطَانِ، وَإِذَا خَرَجَ قَالَ غَيْرَ ذَلِكَ

7178. Narrated Muhammad bin Zaid bin ‘Abdullah bin ‘Umar:

Some people said to Ibn ‘Umar, “When we enter upon our ruler(s) we say in their praise what is contrary to what we say when we leave them.” Ibn ‘Umar said, “We used to consider this as hypocrisy.”

Reference
: Sahih al-Bukhari 7178
USC-MSA reference
: Vol. 9, Book 89, Hadith 289 (old numbering)

7179. Narrated Abu Hurairah (radhiyallahu anhu):

Allah’s Messengers said, “The worst of all mankind is the double-faced one, who comes to some people with one countenance and to others, with another countenance.”

Reference
: Sahih al-Bukhari 7179
USC-MSA reference
: Vol. 9, Book 89, Hadith 290 (old numbering)
Chapter 28

Passing a judgement against an absent person.

باب الْقَضَاءِ عَلَى الْغَائِبِ

7180. Narrated ‘Aishah (radhiyallahu anha):

Hind (bint ‘Utba) said to the Prophet ﷺ “Abu Sufyan is a miserly man and I need to take some money of his wealth.” The Prophet ﷺ said, “Take reasonably what is sufficient for you and your children “

Reference
: Sahih al-Bukhari 7180
USC-MSA reference
: Vol. 9, Book 89, Hadith 291 (old numbering)
Chapter 29

Whoever is given the right of his brother (by error) through a judicial decision, then he should not take it as the judge’s judgement cannot render what is illegal, legal or what is legal, illegal.

بَابُ مَنْ قُضِيَ لَهُ بِحَقِّ أَخِيهِ فَلاَ يَأْخُذْهُ، فَإِنَّ قَضَاءَ الْحَاكِمِ لاَ يُحِلُّ حَرَامًا وَلاَ يُحَرِّمُ حَلاَلاً

7181. Narrated Um Salama (radhiyallahu anha):

(the wife of the Prophet ﷺ) Allah’s Messenger ﷺ heard some people quarreling at the door of his dwelling, so he went out to them and said, “I am only a human being, and litigants with cases of dispute come to me, and someone of you may happen to be more eloquent (in presenting his case) than the other, whereby I may consider that he is truthful and pass a judgment in his favor. If ever I pass a judgment in favor of somebody whereby he takes a Muslim’s right unjustly, then whatever he takes is nothing but a piece of Fire, and it is up to him to take or leave.”

Reference
: Sahih al-Bukhari 7181
USC-MSA reference
: Vol. 9, Book 89, Hadith 292 (old numbering)

7182. Narrated ‘Aishah (radhiyallahu anha):

(the wife of the Prophet ﷺ) ‘Utba bin Abi Waqqas said to his brother Sa’d bin Abi Waqqas, “The son of the slave girl of Zam’a is from me, so take him into your custody.” So in the year of Conquest of Makkah, Sa’d took him and said. (This is) my brother’s son whom my brother has asked me to take into my custody.” ‘Abd bin Zam’a got up before him and said, (He is) my brother and the son of the slave girl of my father, and was born on my father’s bed.” So they both submitted their case before Allah’s Messenger ﷺ. Sa’d said, “O Allah’s Messenger ﷺ! This boy is the son of my brother and he entrusted him to me.” ‘Abd bin Zam’a said, “This boy is my brother and the son of the slave girl of my father, and was born on the bed of my father.” Allah’s Messenger ﷺ said, “The boy is for you, O ‘Abd bin Zam’a!” Then Allah’s Messenger ﷺ further said, “The child is for the owner of the bed, and the stone is for the adulterer,” He then said to Sauda bint Zam’a, “Veil (screen) yourself before him,” when he saw the child’s resemblance to ‘Utba. The boy did not see her again till he met Allah.

Reference
: Sahih al-Bukhari 7182
USC-MSA reference
: Vol. 9, Book 89, Hadith 293 (old numbering)
Chapter 30

Judgement regarding the cases involving wells, etc.

باب الْحُكْمِ فِي الْبِئْرِ وَنَحْوِهَا

7183. Narrated ‘Abdullah (radhiyallahu anhu):

The Prophet ﷺ said, “If somebody on the demand of a judge takes an oath to grab (a Muslim’s) property and he is liar in it, he will meet Allah Who will be angry with him”. So Allah revealed,:–

‘Verily! those who purchase a small gain at the cost of Allah’s Covenant and their oaths..’ (3.77)

Reference
: Sahih al-Bukhari 7183
USC-MSA reference
: Vol. 9, Book 89, Hadith 294 (old numbering)

7184. [H. 7183 contd.] Al-Ash’ath came while ‘Abdullah was narrating (this) to the people. Al-Ashath said, “This verse was revealed regarding me and another man with whom I had a quarrel about a well. The Prophet ﷺ said (to me), “Do you have any evidence?’ I replied, ‘No.’ He said, ‘Let your opponent take an oath.’ I said: I am sure he would take a (false) oath.” Thereupon it was revealed: ‘Verily! those who purchase a small gain at the cost of Allah’s Covenant….’ (3.77) (See Hadith No. 72, Vol 6).

Reference
: Sahih al-Bukhari 7184
USC-MSA reference
: Vol. 9, Book 89, Hadith 294 (old numbering)
Chapter 31

To judge (all) cases involving wealth, whether it is much or little in amount, in one and the same (way).

باب الْقَضَاءِ فِي كَثِيرِ الْمَالِ وَقَلِيلِهِ

7185. Narrated Um Salama (radhiyallahu anha):

The Prophet ﷺ heard the voices of some people quarreling near his gate, so he went to them and said, “I am only a human being and litigants with cases of disputes come to me, and maybe one of them presents his case eloquently in a more convincing and impressive way than the other, and I give my verdict in his favor thinking he is truthful. So if I give a Muslim’s right to another (by mistake), then that (property) is a piece of Fire, which is up to him to take it or leave it.” (See Hadith No. 281 )

Reference
: Sahih al-Bukhari 7185
USC-MSA reference
: Vol. 9, Book 89, Hadith 295 (old numbering)
Chapter 32

The selling of the people’s real or personal estates by the ruler on their behalf.

باب بَيْعِ الإِمَامِ عَلَى النَّاسِ أَمْوَالَهُمْ وَضِيَاعَهُمْ

7186. Narrated Jabir (radhiyallahu anhuma):

The Prophet ﷺ came to know that one of his companions had given the promise of freeing his slave after his death, but as he had no other property than that slave, the Prophet ﷺ sold that slave for 800 dirhams and sent the price to him.

Reference
: Sahih al-Bukhari 7186
USC-MSA reference
: Vol. 9, Book 89, Hadith 296 (old numbering)
Chapter 33

Whoever does not care about slanders made by ignorant people against the Amirs (leaders).

باب مَنْ لَمْ يَكْتَرِثْ بِطَعْنِ مَنْ لاَ يَعْلَمُ فِي الأُمَرَاءِ حَدِيثًا

7187. Narrated Ibn ‘Umar (radhiyallahu anhuma):

Allah’s Messenger ﷺ sent an army unit headed by Usama bin Zaid and the people criticized his leadership. The Prophet ﷺ said (to the people), “If you are criticizing his leadership now, then you used to criticize his father’s leadership before. By Allah, he (Usama’s father) deserved the leadership and used to be one of the most beloved persons to me, and now his son (Usama) is one of the most beloved persons to me after him. ” (See Hadith No. 745, Vol. 5)

Reference
: Sahih al-Bukhari 7187
USC-MSA reference
: Vol. 9, Book 89, Hadith 297 (old numbering)
Chapter 34

The one who is the most contentious of enemies and that is, the most quarrelsome person of the opponents.

باب الأَلَدِّ الْخَصِمِ

7188. Narrated ‘Aishah (radhiyallahu anha):

Allah’s Messenger ﷺ said, “The most hated person in the sight of Allah, is the most quarrelsome person.”

Reference
: Sahih al-Bukhari 7188
USC-MSA reference
: Vol. 9, Book 89, Hadith 298 (old numbering)
Chapter 35

If a judge passes an unjust judgement or a judgement which differs from that of the learned religious men, such a judgement is to be rejected.

باب إِذَا قَضَى الْحَاكِمُ بِجَوْرٍ أَوْ خِلاَفِ أَهْلِ الْعِلْمِ فَهْوَ رَدٌّ

7189. Narrated Ibn ‘Umar (radhiyallahu anhuma):

The Prophet ﷺ sent (an army unit under the command of) Khalid bin Al-Walid to fight against the tribe of Bani Jadhima and those people could not express themselves by saying, “Aslamna,” but they said, “Saba’na! Saba’na! ” Khalid kept on killing some of them and taking some others as captives, and he gave a captive to everyone of us and ordered everyone of us to kill his captive. I said, “By Allah, I shall not kill my captive and none of my companions shall kill his captive!” Then we mentioned that to the Prophet ﷺ and he said, “O Allah! I am free from what Khalid bin Al-Walid has done,” and repeated it twice.

Reference
: Sahih al-Bukhari 7189
USC-MSA reference
: Vol. 9, Book 89, Hadith 299 (old numbering)
Chapter 36

The Imam (ruler) going to some people to establish peace among them.

باب الإِمَامِ يَأْتِي قَوْمًا فَيُصْلِحُ بَيْنَهُمْ

7190. Narrated Sahl bin Sa’d As-Saidi (radhiyallahu anhu):

There was some quarrel (sighting) among Bani ‘Amr, and when this news reached the Prophet ﷺ, he offered the Zuhr prayer and went to establish peace among them. In the meantime the time of ‘Asr prayer was due, Bilal pronounced the Adhan and then the Iqama for the prayer and requested Abu Bakr (to lead the prayer) and Abu Bakr went forward. The Prophet ﷺ arrived while Abu Bakr was still praying. He entered the rows of praying people till he stood behind Abu Bakr in the (first) row. The people started clapping, and it was the habit of Abu Bakr that whenever he stood for prayer, he never glanced side-ways till he had finished it, but when Abu Bakr observed that the clapping was not coming to an end, he looked and saw the Prophet ﷺ standing behind him.

The Prophet ﷺ beckoned him to carry on by waving his hand. Abu Bakr stood there for a while, thanking Allah for the saying of the Prophet ﷺ and then he retreated, taking his steps backwards. When the Prophet ﷺ saw that, he went ahead and led the people in prayer. When he finished the prayer, he said, “O Abu Bakr! What prevented you from carrying on with the prayer after I beckoned you to do so?” Abu Bakr replied, “It does not befit the son of Abi Quhafa to lead the Prophet ﷺ in prayer.” Then the Prophet ﷺ said to the people, “If some problem arises during prayers, then the men should say, Subhan Allah!; and the women should clap.” (See Hadith No. 652, Vol. 1)

Reference
: Sahih al-Bukhari 7190
USC-MSA reference
: Vol. 9, Book 89, Hadith 300 (old numbering)
Chapter 37

It is desirable that a scribe should be honest and wise.

باب يُسْتَحَبُّ لِلْكَاتِبِ أَنْ يَكُونَ أَمِينًا عَاقِلاً

7191. Narrated Zaid bin Thabit (radhiyallahu anhu):

Abu Bakr sent for me owing to the large number of casualties in the battle of Al-Yamama, while ‘Umar was sitting with him. Abu Bakr said (to me), ‘Umar has come to my and said, ‘A great number of Qaris of the Holy Qur’an were killed on the day of the battle of Al-Yamama, and I am afraid that the casualties among the Qaris of the Qur’an may increase on other battle-fields whereby a large part of the Qur’an may be lost. Therefore I consider it advisable that you (Abu Bakr) should have the Qur’an collected.’ I said, ‘How dare I do something which Allah’s Messenger ﷺ did not do?’ ‘Umar said, By Allah, it is something beneficial.’ ‘Umar kept on pressing me for that till Allah opened my chest for that for which He had opened the chest of ‘Umar and I had in that matter, the same opinion as ‘Umar had.” Abu Bakr then said to me (Zaid), “You are a wise young man and we do not have any suspicion about you, and you used to write the Divine Inspiration for Allah’s Messenger ﷺ. So you should search for the fragmentary scripts of the Qur’an and collect it (in one Book).” Zaid further said: By Allah, if Abu Bakr had ordered me to shift a mountain among the mountains from one place to another it would not have been heavier for me than this ordering me to collect the Qur’an. Then I said (to ‘Umar and Abu Bakr), “How can you do something which Allah’s Messenger ﷺ did not do?” Abu Bakr said, “By Allah, it is something beneficial.” Zaid added: So he (Abu Bakr) kept on pressing me for that until Allah opened my chest for that for which He had opened the chests of Abu Bakr and ‘Umar, and I had in that matter, the same opinion as theirs.

So I started compiling the Qur’an by collecting it from the leafless stalks of the date-palm tree and from the pieces of leather and hides and from the stones, and from the chests of men (who had memorized the Qur’an). I found the last verses of Sirat-at-Tauba: (“Verily there has come unto you a Messenger (Muhammad ﷺ) from amongst yourselves–‘ (9.128-129) ) from Khuzaima or Abi Khuzaima and I added to it the rest of the Sura. The manuscripts of the Qur’an remained with Abu Bakr till Allah took him unto Him. Then it remained with ‘Umar till Allah took him unto Him, and then with Hafsa bint ‘Umar.

Reference
: Sahih al-Bukhari 7191
USC-MSA reference
: Vol. 9, Book 89, Hadith 301 (old numbering)
Chapter 38

The writing of a letter by the ruler to his representatives (in the provinces), and by the judge to his workers who look after the problems of the people.

باب كِتَابِ الْحَاكِمِ إِلَى عُمَّالِهِ، وَالْقَاضِي إِلَى أُمَنَائِهِ

7192. Narrated Abu Laila bin ‘Abdullah bin Abdur-Rahman bin Sahl:

Sahl bin Abi Hathma and some great men of his tribe said, ‘Abdullah bin ‘Sahl and Muhaiyisa went out to Khaibar as they were struck with poverty and difficult living conditions. Then Muhaiyisa was informed that ‘Abdullah had been killed and thrown in a pit or a spring. Muhaiyisa went to the Jews and said, “By Allah, you have killed my companion.” The Jews said, “By Allah, we have not killed him.” Muhaiyisa then came back to his people and told them the story. He, his elder brother Huwaiyisa and ‘Abdur-Rahman bin Sahl came (to the Prophet ﷺ) and he who had been at Khaibar, proceeded to speak, but the Prophet ﷺ said to Muhaiyisa, “The eldest! The eldest!” meaning, “Let the eldest of you speak.” So Huwaiyisa spoke first and then Muhaiyisa. Allah’s Messenger ﷺ said, “The Jews should either pay the blood money of your (deceased) companion or be ready for war.” After that Allah’s Messenger ﷺ wrote a letter to the Jews in that respect, and they wrote that they had not killed him. Then Allah’s Messenger ﷺ said to Huwaiyisa, Muhaiyisa and ‘Abdur-Rahman, “Can you take an oath by which you will be entitled to take the blood money?” They said, “No.” He said (to them), “Shall we ask the Jews to take an oath before you?” They replied, “But the Jews are not Muslims.” So Allah’s Messenger ﷺ gave them one-hundred she-camels as blood money from himself. Sahl added: When those she-camels were made to enter the house, one of them kicked me with its leg.

Reference
: Sahih al-Bukhari 7192
USC-MSA reference
: Vol. 9, Book 89, Hadith 302 (old numbering)
Chapter 39

Is it permissible for a ruler to send one man only to manage certain affairs?

باب هَلْ يَجُوزُ لِلْحَاكِمِ أَنْ يَبْعَثَ رَجُلاً وَحْدَهُ لِلنَّظَرِ فِي الأُمُورِ

7193, 7194. Narrated Abu Hurairah and Zaid bin Khalid Al-Juhani (radhiyallahu anhuma):

A bedouin came and said, “O Allah’s Messenger ﷺ! Judge between us according to Allah’s Book (Laws).” His opponent stood up and said, “He has said the truth, so judge between us according to Allah’s Laws.” The bedouin said, “My son was a laborer for this man and committed illegal sexual intercourse with his wife. The people said to me, ‘Your son is to be stoned to death,’ so I ransomed my son for one hundred sheep and a slave girl. Then I asked the religious learned men and they said to me, ‘Your son has to receive one hundred lashes plus one year of exile.’ ” The Prophet ﷺ said, “I shall judge between you according to Allah’s Book (Laws)! As for the slave girl and the sheep, it shall be returned to you, and your son shall receive one-hundred lashes and be exiled for one year. O you, Unais!” The Prophet ﷺ addressed some man, “Go in the morning to the wife of this man and stone her to death.” So Unais went to her the next morning and stoned her to death.

Reference
: Sahih al-Bukhari 7193, 7194
USC-MSA reference
: Vol. 9, Book 89, Hadith 303 (old numbering)
Chapter 40

The translators of a ruler; and is it permissible to keep one translator?

باب تَرْجَمَةِ الْحُكَّامِ، وَهَلْ يَجُوزُ تُرْجُمَانٌ وَاحِدٌ

7195. Kharija bin Zaid bin Thabit said that Zaid bin Thabit (radhiyallahu anhu) said, “The Prophet ﷺ ordered me to learn the writing of the Jews. I even wrote letters for the Prophet ﷺ (to the Jews) and also read their letters when they wrote to him.”
And ‘Umar said in the presence of ‘Ali, ‘Abdur-Rahman and ‘Uthman, “What is this woman saying?” ‘Abdur-Rahman bin Hatib said, “She is informing you about her companion who has committed illegal sexual intercourse with her.”
Abu Jamra said, “I was an interpreter between Ibn ‘Abbas and the people.” Some people said, “A ruler should have two interpreters.”

Reference
: Sahih al-Bukhari 7195
USC-MSA reference
: Vol. 9, Book 89, Hadith 303 (old numbering)

7196. Narrated ‘Abdullah bin ‘Abbas (radhiyallahu anhuma):

That Abu Sufyan bin Harb told him that Heraclius had called him along with the members of a Quraish caravan and then said to his interpreter, “Tell them that I want to ask this (Abu Sufyan) a question, and if he tries to tell me a lie, they should contradict him.” Then Abu Sufyan mentioned the whole narration and said that Heraclius said to the inter Peter, “Say to him (Abu Sufyan), ‘If what you say is true, then he (the Prophet ﷺ) will take over the place underneath my two feet.’ “

Reference
: Sahih al-Bukhari 7196
USC-MSA reference
: Vol. 9, Book 89, Hadith 304 (old numbering)
Chapter 41

The ruler calling his employees to account.

باب مُحَاسَبَةِ الإِمَامِ عُمَّالَهُ

7197. Narrated Abu Humaid As-Sa’idi (radhiyallahu anhu):

The Prophet ﷺ employed Ibn Al-Utbiyya to collect Zakat from Bani Sulaim, and when he returned (with the money) to Allah’s Messenger ﷺ the Prophet ﷺ called him to account, and he said, “This (amount) is for you, and this was given to me as a present.” Allah’s Messenger ﷺ said, “Why don’t you stay at your father’s house or your mother’s house to see whether you will be given gifts or not, if you are telling the truth?” Then Allah’s Messenger ﷺ stood up and addressed the people, and after glorifying and praising Allah, he said: Amma Ba’du (then after) I employ some men from among you for some job which Allah has placed in my charge, and then one of you comes to me and says, ‘This (amount) is for you and this is a gift given to me.’ Why doesn’t he stay at the house of his father or the house of his mother and see whether he will be given gifts or not if he was telling the truth by Allah, none of you takes anything of it (i.e., Zakat) for himself (Hisham added: unlawfully) but he will meet Allah on the Day of Resurrection carrying it on his neck! I do not want to see any of you carrying a grunting camel or a mooing cow or a bleating sheep on meeting Allah.” Then the Prophet ﷺ raised both his hands till I saw the whiteness of his armpits, and said, “(No doubt)! Haven’t I conveyed Allah’s Message!”

Reference
: Sahih al-Bukhari 7197
USC-MSA reference
: Vol. 9, Book 89, Hadith 305 (old numbering)
Chapter 42

The courtiers and advisers of the Imam (ruler).

باب بِطَانَةِ الإِمَامِ وَأَهْلِ مَشُورَتِهِ

7198. Narrated Abu Sa’id Al-Khudri (radhiyallahu anhu):

The Prophet ﷺ said, “Allah never sends a prophet or gives the Caliphate to a Caliph but that he (the prophet or the Caliph) has two groups of advisors: A group advising him to do good and exhorts him to do it, and the other group advising him to do evil and exhorts him to do it. But the protected person (against such evil advisors) is the one protected by Allah.’ “

Reference
: Sahih al-Bukhari 7198
USC-MSA reference
: Vol. 9, Book 89, Hadith 306 (old numbering)
Chapter 43

How do the people give the Bai’a (pledge) to the Imam (ruler)?

باب كَيْفَ يُبَايِعُ الإِمَامُ النَّاسَ

7199. Narrated ‘Ubada bin As-Samit (radhiyallahu anhu):

We gave the oath of allegiance to Allah’s Messenger ﷺ that we would listen to and obey him both at the time when we were active and at the time when we were tired

Reference
: Sahih al-Bukhari 7199
USC-MSA reference
: Vol. 9, Book 89, Hadith 307 (old numbering)

7200. and that we would not fight against the ruler or disobey him, and would stand firm for the truth or say the truth wherever we might be, and in the Way of Allah we would not be afraid of the blame of the blamers. (See Hadith No. 178 and 320)

Reference
: Sahih al-Bukhari 7200
USC-MSA reference
: Vol. 9, Book 89, Hadith 307 (old numbering)

7201. Narrated Anas (radhiyallahu anhu):

The Prophet ﷺ went out on a cold morning while the Muhajirin (emigrants) and the Ansar were digging the trench. The Prophet ﷺ then said, “O Allah! The real goodness is the goodness of the Here after, so please forgive the Ansar and the Muhajirin.” They replied, “We are those who have given the Pledge of allegiance to Muhammad ﷺ for to observe Jihad as long as we remain alive.”

Reference
: Sahih al-Bukhari 7201
USC-MSA reference
: Vol. 9, Book 89, Hadith 308 (old numbering)

7202. Narrated ‘Abdullah bin ‘Umar (radhiyallahu anhuma):

Whenever we gave the Pledge of allegiance to Allah’s Messenger ﷺ for to listen to and obey, he used to say to us, for as much as you can”

Reference
: Sahih al-Bukhari 7202
USC-MSA reference
: Vol. 9, Book 89, Hadith 309 (old numbering)

7203. Narrated ‘Abdullah bin Dinar:

I witnessed Ibn ‘Umar when the people gathered around ‘Abdul Malik. Ibn ‘Umar wrote: I gave the Pledge of allegiance that I will listen to and obey Allah’s Slave, ‘Abdul Malik, Chief of the believers according to Allah’s Laws and the Traditions of His Messenger ﷺ as much as I can; and my sons too, give the same pledge.’

Reference
: Sahih al-Bukhari 7203
USC-MSA reference
: Vol. 9, Book 89, Hadith 310 (old numbering)

7204. Narrated Jabir bin ‘Abdullah (radhiyallahu anhuma):

I gave the Pledge of allegiance to the Prophet ﷺ that I would listen and obey, and he told me to add: ‘As much as I can, and will give good advice to every Muslim.’

Reference
: Sahih al-Bukhari 7204
USC-MSA reference
: Vol. 9, Book 89, Hadith 311 (old numbering)

7205. Narrated ‘Abdullah bin Dinar:

When the people took the oath of allegiance to ‘Abdul Malik, ‘Abdullah bin ‘Umar wrote to him: “To Allah’s Slave, ‘Abdul Malik, Chief of the believers, I give the Pledge of allegiance that I will listen to and obey Allah’s Slave, ‘Abdul Malik, Chief of the believers, according to Allah’s Laws and the Traditions of His Messenger ﷺ in whatever is within my ability; and my sons too, give the same pledge.”

Reference
: Sahih al-Bukhari 7205
USC-MSA reference
: Vol. 9, Book 89, Hadith 312 (old numbering)

7206. Narrated Yazid:

I said to Salama, “For what did you give the Pledge of allegiance to the Prophet ﷺ on the Day of Hudaibiya?” He replied, “For death.”

Reference
: Sahih al-Bukhari 7206
USC-MSA reference
: Vol. 9, Book 89, Hadith 313 (old numbering)

7207. Narrated Al-Miswar bin Makhrama (radhiyallahu anhu):

The group of people whom ‘Umar had selected as candidates for the Caliphate gathered and consulted each other. Abdur-Rahman said to them, “I am not going to compete with you in this matter, but if you wish, I would select for you a caliph from among you.” So all of them agreed to let ‘Abdur-Rahman decide the case. So when the candidates placed the case in the hands of ‘Abdur-Rahman, the people went towards him and nobody followed the rest of the group nor obeyed any after him. So the people followed ‘Abdur-Rahman and consulted him all those nights till there came the night we gave the oath of allegiance to ‘Uthman. Al-Miswar (bin Makhrama) added: ‘Abdur-Rahman called on me after a portion of the night had passed and knocked on my door till I got up, and he said to me, “I see you have been sleeping! By Allah, during the last three nights I have not slept enough. Go and call Az-Zubair and Sa’d.’ So I called them for him and he consulted them and then called me saying, ‘Call ‘Ali for me.” I called ‘Ali and he held a private talk with him till very late at night, and then ‘Al, got up to leave having had much hope (to be chosen as a Caliph) but ‘Abdur-Rahman was afraid of something concerning ‘Ali. ‘Abdur-Rahman then said to me, “Call ‘Uthman for me.” I called him and he kept on speaking to him privately till the Mu’adhdhin put an end to their talk by announcing the Adhan for the Fajr prayer. When the people finished their morning prayer and that (six men) group gathered near the pulpit, ‘Abdur-Rahman sent for all the Muhajirin (emigrants) and the Ansar present there and sent for the army chief who had performed the Hajj with ‘Umar that year. When all of them had gathered, ‘Abdur-Rahman said, “None has the right to be worshipped but Allah,” and added, “Now then, O ‘Ali, I have looked at the people’s tendencies and noticed that they do not consider anybody equal to ‘Uthman, so you should not incur blame (by disagreeing).” Then ‘Abdur-Rahman said (to ‘Uthman), “I gave the oath of allegiance to you on condition that you will follow Allah’s Laws and the traditions of Allah’s Messenger ﷺ and the traditions of the two Caliphs after him.” So ‘Abdur-Rahman gave the oath of allegiance to him, and so did the people including the Muhajirin (emigrants) and the Ansar and the chiefs of the army staff and all the Muslims.

Reference
: Sahih al-Bukhari 7207
USC-MSA reference
: Vol. 9, Book 89, Hadith 314 (old numbering)
Chapter 44

Whosoever gave the Bai’a (pledge) twice.

باب مَنْ بَايَعَ مَرَّتَيْنِ

7208. Narrated Salama (radhiyallahu anhu):

We gave the oath of allegiance to the Prophet ﷺ under the tree. He said to me, “O Salama! Will you not give the oath of allegiance?” I replied, “O Allah’s Messenger ﷺ! I have already given the oath of allegiance for the first time.” He said, (Give it again) for the second time.

Reference
: Sahih al-Bukhari 7208
USC-MSA reference
: Vol. 9, Book 89, Hadith 315 (old numbering)
Chapter 45

The giving of the Bai’a (pledge) by the bedouins.

باب بَيْعَةِ الأَعْرَابِ

7209. Narrated Jabir bin ‘Abdullah (radhiyallahu anhuma):

A bedouin gave the Pledge of allegiance to Allah’s Messenger ﷺ for Islam and the bedouin got a fever where upon he said to the Prophet ﷺ “Cancel my Pledge.” But the Prophet ﷺ refused. He came to him (again) saying, “Cancel my Pledge.’ But the Prophet ﷺ refused. Then (the bedouin) left (Al-Madina). Allah’s Messenger ﷺ said: “Al-Madina is like a pair of bellows (furnace): It expels its impurities and brightens and clears its good.”

Reference
: Sahih al-Bukhari 7209
USC-MSA reference
: Vol. 9, Book 89, Hadith 316 (old numbering)
Chapter 46

The Bai’a (pledge) of a child.

باب بَيْعَةِ الصَّغِيرِ

7210. Narrated ‘Abdullah bin Hisham (radhiyallahu anhuma):

who was born during the lifetime of the Prophet ﷺ that his mother, Zainab bint Humaid had taken him to Allah’s Messenger ﷺ and said, “O Allah’s Messenger ﷺ! Take his Pledge of allegiance (for Islam).” The Prophet ﷺ said, “He (‘Abdullah bin Hisham) is a little child,” and passed his hand over his head and invoked Allah for him. ‘Abdullah bin Hisham used to slaughter one sheep as a sacrifice on behalf of all of his family.

Reference
: Sahih al-Bukhari 7210
USC-MSA reference
: Vol. 9, Book 89, Hadith 317 (old numbering)
Chapter 47

Whoever gave the Bai’a (pledge) and then cancelled it.

باب مَنْ بَايَعَ ثُمَّ اسْتَقَالَ الْبَيْعَةَ

7211. Narrated Jabir bin ‘Abdullah (radhiyallahu anhuma):

A bedouin gave the Pledge of allegiance to Allah’s Messenger ﷺ for Islam. Then the bedouin got fever at Al-Madina, came to Allah’s Messenger ﷺ and said, “O Allah’s Messenger ﷺ! Cancel my Pledge,” But Allah’s Messenger ﷺ refused. Then he came to him (again) and said, “O Allah’s Messenger ﷺ! Cancel my Pledge.” But the Prophet ﷺ refused Then he came to him (again) and said, “O Allah’s Messenger ﷺ! Cancel my Pledge.” But the Prophet ﷺ refused. The bedouin finally went out (of Al-Madina) whereupon Allah’s Messenger ﷺ said, “Al-Madina is like a pair of bellows (furnace): It expels its impurities and brightens and clears its good.

Reference
: Sahih al-Bukhari 7211
USC-MSA reference
: Vol. 9, Book 89, Hadith 318 (old numbering)
Chapter 48

The person who gives the Bai’a (pledge) to a man just for worldly benefits.

باب مَنْ بَايَعَ رَجُلاً لاَ يُبَايِعُهُ إِلاَّ لِلدُّنْيَا

7212. Narrated Abu Hurairah (radhiyallahu anhu):

Allah’s Messenger ﷺ said, “There will be three types of people whom Allah will neither speak to them on the Day of Resurrection nor will purify them from sins, and they will have a painful punishment: They are, (1) a man possessed superfluous water (more than he needs) on a way and he withholds it from the travelers. (2) a man who gives a pledge of allegiance to an Imam (ruler) and gives it only for worldly benefits, if the Imam gives him what he wants, he abides by his pledge, otherwise he does not fulfill his pledge; (3) and a man who sells something to another man after the ‘Asr prayer and swears by Allah (a false oath) that he has been offered so much for it whereupon the buyer believes him and buys it although in fact, the seller has not been offered such a price.” (See Hadith No. 838, Vol. 3)

Reference
: Sahih al-Bukhari 7212
USC-MSA reference
: Vol. 9, Book 89, Hadith 319 (old numbering)
Chapter 49

The Bai’a (pledge) given by women.

باب بَيْعَةِ النِّسَاءِ

7213. Narrated ‘Ubada bin As-Samit (radhiyallahu anhu):

Allah’s Messenger ﷺ said to us while we were in a gathering, “Give me the oath (Pledge of allegiance for: (1) Not to join anything in worship along with Allah, (2) Not to steal, (3) Not to commit illegal sexual intercourse, (4) Not to kill your children, (5) Not to accuse an innocent person (to spread such an accusation among people), (6) Not to be disobedient (when ordered) to do good deeds. The Prophet ﷺ added: Whoever amongst you fulfill his pledge, his reward will be with Allah, and whoever commits any of those sins and receives the legal punishment in this world for that sin, then that punishment will be an expiation for that sin, and whoever commits any of those sins and Allah does not expose him, then it is up to Allah if He wishes He will punish him or if He wishes, He will forgive him.” So we gave the Pledge for that. (See Hadith No. 17, Vol. 1)

Reference
: Sahih al-Bukhari 7213
USC-MSA reference
: Vol. 9, Book 89, Hadith 320 (old numbering)

7214. Narrated ‘Aishah (radhiyallahu anha):

The Prophet ﷺ used to take the Pledge of allegiance from the women by words only after reciting this Holy Verse:–(60.12) “..that they will not associate anything in worship with Allah.” (60.12) And the hand of Allah’s Messenger ﷺ did not touch any woman’s hand except the hand of that woman his right hand possessed. (i.e. his captives or his lady slaves).

Reference
: Sahih al-Bukhari 7214
USC-MSA reference
: Vol. 9, Book 89, Hadith 321 (old numbering)

7215. Narrated Um Atiyya (radhiyallahu anha):

We gave the Pledge of allegiance to the Prophet ﷺ and he recited to me the verse (60.12). That they will not associate anything in worship with Allah (60.12). And he also prevented us from wailing and lamenting over the dead. A woman from us held her hand out and said, “Such-and-such a woman cried over a dead person belonging to my family and I want to compensate her for that crying” The Prophet ﷺ did not say anything in reply and she left and returned. None of those women abided by her pledge except Um Sulaim, Um Al-‘Ala’, and the daughter of Abi Sabra, the wife of Al-Muadh or the daughter of Abi Sabra, and the wife of Mu’adh.

Reference
: Sahih al-Bukhari 7215
USC-MSA reference
: Vol. 9, Book 89, Hadith 322 (old numbering)
Chapter 50

Whoever violates a Bai’a (pledge).

باب مَنْ نَكَثَ بَيْعَةً

7216. Narrated Jabir (radhiyallahu anhuma):

A bedouin came to the Prophet ﷺ and said, “Please take my Pledge of allegiance for Islam.” So the Prophet ﷺ took from him the Pledge of allegiance for Islam. He came the next day with a fever and said to the Prophet ﷺ “Cancel my pledge.” But the Prophet ﷺ refused and when the bedouin went away, the Prophet ﷺ said, “Al-Madina is like a pair of bellows (furnace): It expels its impurities and brightens and clears its good.”

Reference
: Sahih al-Bukhari 7216
USC-MSA reference
: Vol. 9, Book 89, Hadith 323 (old numbering)
Chapter 51

The appointment of a caliph (to succeed another).

باب الاِسْتِخْلاَفِ

7217. Narrated Al-Qasim bin Muhammad:

‘Aishah said, “O my head!” Allah’s Messenger ﷺ said, “If that (i.e., your death) should happen while I am still alive, I would ask Allah to forgive you and would invoke Allah for you.” ‘Aishah said, “O my life which is going to be lost! By Allah, I think that you wish for my death, and if that should happen then you would be busy enjoying the company of one of your wives in the last part of that day.” The Prophet ﷺ said, “But I should say, ‘O my head!’ I feel like calling Abu Bakr and his son and appoint (the former as my successors lest people should say something or wish for something. Allah will insist (on Abu Bakr becoming a Caliph) and the believers will prevent (anyone else from claiming the Caliphate),” or “..Allah will prevent (anyone else from claiming the Caliphate) and the believers will insist (on Abu Bakr becoming the Caliph).”

Reference
: Sahih al-Bukhari 7217
USC-MSA reference
: Vol. 9, Book 89, Hadith 324 (old numbering)

7218. Narrated ‘Abdullah bin ‘Umar (radhiyallahu anhuma):

It was said to ‘Umar, “Will you appoint your successor?” ‘Umar said, “If I appoint a Caliph (as my successor) it is true that somebody who was better than I (i.e., Abu Bakr) did so, and if I leave the matter undecided, it is true that somebody who was better than I (i.e., Allah’s Messenger ﷺ) did so.” On this, the people praised him. ‘Umar said, “People are of two kinds: Either one who is keen to take over the Caliphate or one who is afraid of assuming such a responsibility. I wish I could be free from its responsibility in that I would receive neither reward nor retribution I won’t bear the burden of the caliphate in my death as I do in my life.”

Reference
: Sahih al-Bukhari 7218
USC-MSA reference
: Vol. 9, Book 89, Hadith 325 (old numbering)

7219. Narrated Anas bin Malik (radhiyallahu anhu):

That he heard ‘Umar’s second speech he delivered when he sat on the pulpit on the day following the death of the Prophet ﷺ ‘Umar recited the Tashahhud while Abu Bakr was silent. ‘Umar said, “I wish that Allah’s Messenger ﷺ had outlived all of us, i.e., had been the last (to die). But if Muhammad ﷺ is dead, Allah nevertheless has kept the light amongst you from which you can receive the same guidance as Allah guided Muhammad ﷺ with that. And Abu Bakr is the companion of Allah’s Messenger ﷺ He is the second of the two in the cave. He is the most entitled person among the Muslims to manage your affairs. Therefore get up and swear allegiance to him.” Some people had already taken the oath of allegiance to him in the shed of Bani Sa’ida but the oath of allegiance taken by the public was taken at the pulpit. I heard ‘Umar saying to Abu Bakr on that day. “Please ascend the pulpit,” and kept on urging him till he ascended the pulpit whereupon, all the people swore allegiance to him.

Reference
: Sahih al-Bukhari 7219
USC-MSA reference
: Vol. 9, Book 89, Hadith 326 (old numbering)

7220. Narrated Jubair bin Mut’im (radhiyallahu anhu):

A woman came to the Prophet ﷺ and spoke to him about something and he told her to return to him. She said, “O Allah’s Messenger ﷺ! If I come and do not find you?” (As if she meant, “…if you die?”) The Prophet ﷺ said, “If you should not find me, then go to Abu Bakr.”

Reference
: Sahih al-Bukhari 7220
USC-MSA reference
: Vol. 9, Book 89, Hadith 327 (old numbering)

7221. Narrated Tariq bin Shihab (radhiyallahu anhu):

Abu Bakr said to the delegate of Buzakha. “Follow the tails of the camels till Allah shows the Caliph (successor) of His Prophet ﷺ and Al-Muhajirin (emigrants) something because of which you may excuse yourselves “

Reference
: Sahih al-Bukhari 7221
USC-MSA reference
: Vol. 9, Book 89, Hadith 328 (old numbering)

7222, 7223. Narrated Jabir bin Samura (radhiyallahu anhuma):

I heard the Prophet ﷺ saying, “There will be twelve Muslim rulers (who will rule all the Islamic world).” He then said a sentence which I did not hear. My father said, “All of them (those rulers) will be from Quraish.”

Reference
: Sahih al-Bukhari 7222, 7223
USC-MSA reference
: Vol. 9, Book 89, Hadith 329 (old numbering)
Chapter 52

The expulsion of quarrelsome people and people accused of something, from houses after having a firm proof against them.

باب إِخْرَاجِ الْخُصُومِ وَأَهْلِ الرِّيَبِ مِنَ الْبُيُوتِ بَعْدَ الْمَعْرِفَةِ

7224. Narrated Abu Hurairah (radhiyallahu anhu):

Allah’s Messenger ﷺ said, “By Him in Whose Hands my life is, I was about to order for collecting fire wood and then order someone to pronounce the Adhan for the prayer and then order someone to lead the people in prayer and then I would go from behind and burn the houses of men who did not present themselves for the (compulsory congregational) prayer. By Him in Whose Hands my life is, if anyone of you had known that he would receive a bone covered with meat or two (small) pieces of meat present in between two ribs, he would come for ‘Isha’ prayer.” (See Hadith No. 617, Vol. 1)

Reference
: Sahih al-Bukhari 7224
USC-MSA reference
: Vol. 9, Book 89, Hadith 330 (old numbering)
Chapter 53

Is it legal for the Imam to forbid the criminals and those who commit sins to talk to or visit him, etc.

بَابُ هَلْ لِلإِمَامِ أَنْ يَمْنَعَ الْمُجْرِمِينَ وَأَهْلَ الْمَعْصِيَةِ مِنَ الْكَلاَمِ مَعَهُ وَالزِّيَارَةِ وَنَحْوِهِ

7225. Narrated ‘Abdullah bin Ka’b bin Malik:

Who was Ka’b’s guide from among his sons when Ka’b became blind: I heard Ka’b bin Malik saying, “When some people remained behind and did not join Allah’s Messenger ﷺ in the battle of Tabuk..” and then he described the whole narration and said, “Allah’s Messenger ﷺ forbade the Muslims to speak to us, and so we (I and my companions) stayed fifty nights in that state, and then Allah’s Messenger ﷺ announced Allah’s acceptance of our repentance.”

Reference
: Sahih al-Bukhari 7225
USC-MSA reference
: Vol. 9, Book 89, Hadith 331 (old numbering)

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Sahih al-Bukhari: Book 54: Conditions

Sahih al-Bukhari · Book 54 of 97

Conditions

كتاب الشروط

Hadith 2711 – 273724 Ahadith

Chapter 1

The conditions permissible on embracing Islam, and in contracts and transactions.

باب مَا يَجُوزُ مِنَ الشُّرُوطِ فِي الإِسْلاَمِ وَالأَحْكَامِ وَالْمُبَايَعَةِ

2711, 2712. Narrated Marwan and al-Miswar bin Makhrama:

(from the companions of Allah’s Messenger ﷺ) When Suhail bin Amr agreed to the Treaty (of Hudaibiya), one of the things he stipulated then, was that the Prophet ﷺ should return to them (i.e. the pagans) anyone coming to him from their side, even if he was a Muslim; and would not interfere between them and that person. The Muslims did not like this condition and got disgusted with it. Suhail did not agree except with that condition. So, the Prophet ﷺ agreed to that condition and returned Abu Jandal to his father Suhail bin ‘Amr. Thenceforward the Prophet ﷺ returned everyone in that period (of truce) even if he was a Muslim. During that period some believing women emigrants including Um Kalthum bint Uqba bin Abu Muait who came to Allah’s Messenger ﷺ and she was a young lady then. Her relative came to the Prophet ﷺ and asked him to return her, but the Prophet ﷺ did not return her to them for Allah had revealed the following Verse regarding women:

“O you who believe! When the believing women come to you as emigrants. Examine them, Allah knows best as to their belief, then if you know them for true believers, Send them not back to the unbelievers, (for) they are not lawful (wives) for the disbelievers, Nor are the unbelievers lawful (husbands) for them (60.10)

Reference
: Sahih al-Bukhari 2711, 2712
USC-MSA reference
: Vol. 3, Book 50, Hadith 874 (old numbering)

2713. Narrated ‘Urwa:

‘Aishah told me, “Allah’s Messenger ﷺ used to examine them according to this Verse: “O you who believe! When the believing women come to you, as emigrants test them . . . for Allah is Oft-Forgiving, Most Merciful.” (60.10-12) ‘Aishah said, “When any of them agreed to that condition Allah’s Messenger ﷺ would say to her, ‘I have accepted your pledge of allegiance.’ He would only say that, but, by Allah he never touched the hand of any women (i.e. never shook hands with them) while taking the pledge of allegiance and he never took their pledge of allegiance except by his words (only).”

Reference
: Sahih al-Bukhari 2713
USC-MSA reference
: Vol. 3, Book 50, Hadith 874 (old numbering)

2714. Narrated Jarir (radhiyallahu anhu):

When I gave the pledge of allegiance to Allah’s Messenger ﷺ and he stipulated that I should give good advice to every Muslim.

Reference
: Sahih al-Bukhari 2714
USC-MSA reference
: Vol. 3, Book 50, Hadith 875 (old numbering)

2715. Narrated Jabir bin ‘Abdullah (radhiyallahu anhuma):

I gave the pledge of allegiance to Allah’s Messenger ﷺ for offering the prayers perfectly paying the Zakat and giving good advice to every Muslim.

Reference
: Sahih al-Bukhari 2715
USC-MSA reference
: Vol. 3, Book 50, Hadith 876 (old numbering)
Chapter 2

(What is said regarding) the sale of pollinated date-palms.

باب إِذَا بَاعَ نَخْلاً قَدْ أُبِّرَتْ

2716. Narrated ‘Abdullah bin ‘Umar (radhiyallahu anhuma):

Allah’s Messenger ﷺ said, “If someone sells pollinated date-palms, their fruits will be for the seller, unless the buyer stipulates the contrary.”

Reference
: Sahih al-Bukhari 2716
USC-MSA reference
: Vol. 3, Book 50, Hadith 877 (old numbering)
Chapter 3

The conditions of selling.

باب الشُّرُوطِ فِي الْبَيْعِ

2717. Narrated Urwa:

‘Aishah told me that Buraira came to seek her help in writing for emancipation and at that time she had not paid any part of her price. ‘Aishah said to her, “Go to your masters and if they agree that I will pay your price (and free you) on condition that your Wala’ will be for me, I will pay the money.” Buraira told her masters about that, but they refused, and said, “If ‘Aishah wants to do a favor she could, but your Wala will be for us.” ‘Aishah informed Allah’s Messenger ﷺ of that and he said to her, “Buy and manumit Buraira as the Wala’ will go to the manumitted.”

Reference
: Sahih al-Bukhari 2717
USC-MSA reference
: Vol. 3, Book 50, Hadith 878 (old numbering)
Chapter 4

It is permissible for the seller to stipulate that he should ride the (sold) animal up to a certain place.

باب إِذَا اشْتَرَطَ الْبَائِعُ ظَهْرَ الدَّابَّةِ إِلَى مَكَانٍ مُسَمًّى جَازَ

2718. Narrated Jabir (radhiyallahu anhuma):

While I was riding a (slow) and tired camel, the Prophet ﷺ passed by and beat it and prayed for Allah’s Blessings for it. The camel became so fast as it had never been before. The Prophet ﷺ then said, “Sell it to me for one Uqiyya (of gold).” I said, “No.” He again said, “Sell it to me for one Uqiyya (of gold).” I sold it and stipulated that I should ride it to my house. When we reached (Al-Madina) I took that camel to the Prophet ﷺ and he gave me its price. I returned home but he sent for me (and when I went to him) he said, “I will not take your camel. Take your camel as a gift for you.” (Various narrations are mentioned here with slight variations in expressions relating the condition that Jabir had the right to ride the sold camel up to Al-Madina).

Reference
: Sahih al-Bukhari 2718
USC-MSA reference
: Vol. 3, Book 50, Hadith 879 (old numbering)
Chapter 5

Conditions in contracts (of share-cropping etc.).

باب الشُّرُوطِ فِي الْمُعَامَلَةِ

2719. Narrated Abu Hurairah (radhiyallahu anhu):

The Ansar said to the Prophet ﷺ, “Divide our date-palms between us and our emigrant brothers.” The Prophet ﷺ said, “No.” The Ansar said to the emigrants, “You may do the labor (in our gardens) and we will share the fruits with you.” The emigrants said, “We hear and obey.”

Reference
: Sahih al-Bukhari 2719
USC-MSA reference
: Vol. 3, Book 50, Hadith 880 (old numbering)

2720. Narrated ‘Abdullah bin ‘Umar (radhiyallahu anhuma):

Allah’s Messenger ﷺ gave the land of Khaibar to the Jews on the condition that they would work on it and cultivate it and they would get half of its yield.

Reference
: Sahih al-Bukhari 2720
USC-MSA reference
: Vol. 3, Book 50, Hadith 881 (old numbering)
Chapter 6

The terms and the conditions of Mahr at the time of the marriage contract.

باب الشُّرُوطِ فِي الْمَهْرِ عِنْدَ عُقْدَةِ النِّكَاحِ

2721. Narrated Uqba bin Amir (radhiyallahu anhu):

Allah’s Messenger ﷺ said, “From among all the conditions which you have to fulfill, the conditions which make it legal for you to have sexual relations (i.e. the marriage contract) have the greatest right to be fulfilled.”

Reference
: Sahih al-Bukhari 2721
USC-MSA reference
: Vol. 3, Book 50, Hadith 882 (old numbering)
Chapter 7

The conditions in sharecropping.

باب الشُّرُوطِ فِي الْمُزَارَعَةِ

2722. Narrated Rafi bin Khadij (radhiyallahu anhu):

We used to work on the fields more than the other Ansar, and we used to rent the land (for the yield of a specific portion of it). But sometimes that portion or the rest of the land did not give any yield, so we were forbidden (by the Prophet ﷺ ) to follow such a system, but we were allowed to rent the land for money.

Reference
: Sahih al-Bukhari 2722
USC-MSA reference
: Vol. 3, Book 50, Hadith 883 (old numbering)
Chapter 8

The conditions which are not permissible in the contracts of marriage.

باب مَا لاَ يَجُوزُ مِنَ الشُّرُوطِ فِي النِّكَاحِ

2723. Narrated Abu Hurairah (radhiyallahu anhu):

The Prophet ﷺ said, “No town-dweller should sell for a bedouin. Do not practice Najsh (i.e. Do not offer a high price for a thing which you do not want to buy, in order to deceive the people). No Muslim should offer more for a thing already bought by his Muslim brother, nor should he demand the hand of a girl already engaged to another Muslim. A Muslim woman shall not try to bring about The divorce of her sister (i.e. another Muslim woman) in order to take her place herself.”

Reference
: Sahih al-Bukhari 2723
USC-MSA reference
: Vol. 3, Book 50, Hadith 884 (old numbering)
Chapter 9

The conditions which are not permissible in the legal punishments prescribed by Allah.

باب الشُّرُوطِ الَّتِي لاَ تَحِلُّ فِي الْحُدُودِ

2724, 2725. Narrated Abu Hurairah and Zaid bin Khalid Al-Juhani (radhiyallahu anhuma):

A bedouin came to Allah’s Messenger ﷺ and said, “O Allah’s messenger! I ask you by Allah to judge My case according to Allah’s Laws.” His opponent, who was more learned than he, said, “Yes, judge between us according to Allah’s Laws, and allow me to speak.” Allah’s Messenger ﷺ said, “Speak.” He (i .e. the bedouin or the other man) said, “My son was working as a laborer for this (man) and he committed illegal sexual intercourse with his wife. The people told me that it was obligatory that my son should be stoned to death, so in lieu of that I ransomed my son by paying one hundred sheep and a slave girl. Then I asked the religious scholars about it, and they informed me that my son must be lashed one hundred lashes, and be exiled for one year, and the wife of this (man) must be stoned to death.” Allah’s Messenger ﷺ said, “By Him in Whose Hands my soul is, I will judge between you according to Allah’s Laws. The slave-girl and the sheep are to be returned to you, your son is to receive a hundred lashes and be exiled for one year. You, Unais, go to the wife of this (man) and if she confesses her guilt, stone her to death.” Unais went to that woman next morning and she confessed. Allah’s Messenger ﷺ ordered that she be stoned to death.

Reference
: Sahih al-Bukhari 2724, 2725
USC-MSA reference
: Vol. 3, Book 50, Hadith 885 (old numbering)
Chapter 10

The conditions permissible in the case of a slave who has a writing for emancipation, if he agrees to be sold to somebody else who promises to free him.

باب مَا يَجُوزُ مِنْ شُرُوطِ الْمُكَاتَبِ إِذَا رَضِيَ بِالْبَيْعِ عَلَى أَنْ يُعْتَقَ

2726. Narrated Aiman Al-Makki:

When I visited ‘Aishah she said, “Barirah who had a written contract for her emancipation for a certain amount came to me and said, “O mother of the believers! Buy me and manumit me, as my masters will sell me.” ‘Aishah agreed to it. Barirah said, ‘My masters will sell me on the condition that my Wala will go to them.” ‘Aishah said to her, ‘Then I am not in need of you.’ The Prophet ﷺ heard of that or was told about it and so he asked ‘Aishah, ‘What is the problem of Barirah?’ He said, ‘Buy her and manumit her, no matter what they stipulate.’ ‘Aishah added, ‘I bought and manumitted her, though her masters had stipulated that her Wala would be for them.’ The Prophet ﷺ said, The Wala is for the liberator, even if the other stipulated a hundred conditions.”

Reference
: Sahih al-Bukhari 2726
USC-MSA reference
: Vol. 3, Book 50, Hadith 886 (old numbering)
Chapter 11

Conditions concerning divorce.

باب الشُّرُوطِ فِي الطَّلاَقِ

2727. Narrated Abu Hurairah (radhiyallahu anhu):

Allah’s Messenger ﷺ forbade (1) the meeting of the caravan (of goods) on the way, (2) and that a residing person buys for a bedouin, (3) and that a woman stipulates the divorce of the wife of the would-be husband, (4) and that a man tries to cause the cancellation of a bargain concluded by another. He also forbade An-Najsh (see Hadith 824) and that one withholds the milk in the udder of the animal so that he may deceive people on selling it.

Reference
: Sahih al-Bukhari 2727
USC-MSA reference
: Vol. 3, Book 50, Hadith 887 (old numbering)
Chapter 12

Verbal conditions with the people.

باب الشُّرُوطِ مَعَ النَّاسِ بِالْقَوْلِ

2728. Narrated Ubai bin Kab (radhiyallahu anhu):

Allah’s Messenger ﷺ said, “Moses the Messenger of Allah,” and then he narrated the whole story about him. Al-Khadir said to Moses, “Did not I tell you that you can have no patience with me.” (18.72). Moses then violated the agreement for the first time because of forgetfulness, then Moses promised that if he asked Al-Khadir about anything, the latter would have the right to desert him. Moses abided by that condition and on the third occasion he intentionally asked Al-Khadir and caused that condition to be applied. The three occasions referred to above are referred to by the following Verses:

“Call me not to account for forgetting And be not hard upon me.” (18.73)

“Then they met a boy and Khadir killed him.” (18.74)

“Then they proceeded and found a wall which was on the verge of falling and Khadir set it up straight.” (18.77)

Reference
: Sahih al-Bukhari 2728
USC-MSA reference
: Vol. 3, Book 50, Hadith 888 (old numbering)
Chapter 13

Conditions for Wala’.

باب الشُّرُوطِ فِي الْوَلاَءِ

2729. Narrated Urwa:

‘Aishah said, “Buraira came to me and said, ‘My people (masters) have written the contract for my emancipation for nine Awaq ) of gold) to be paid in yearly installments, one Uqiyya per year; so help me.” ‘Aishah said (to her), “If your masters agree, I will pay them the whole sum provided the Wala will be for me.” Buraira went to her masters and told them about it, but they refused the offer and she returned from them while Allah’s Messengers was sitting. She said, “I presented the offer to them, but they refused unless the Wala’ would be for them.” When the Prophet ﷺ heard that and ‘Aishah told him about It, he said to her, “Buy Buraira and let them stipulate that her Wala’ will be for them, as the Wala’ is for the manumitted.” ‘Aishah did so. After that Allah’s Messenger ﷺ got up amidst the people, Glorified and Praised Allah and said, “What is wrong with some people who stipulate things which are not in Allah’s Laws? Any condition which is not in Allah’s Laws is invalid even if there were a hundred such conditions. Allah’s Rules are the most valid and Allah’s Conditions are the most solid. The Wala is for the manumitted.”

Reference
: Sahih al-Bukhari 2729
USC-MSA reference
: Vol. 3, Book 50, Hadith 889 (old numbering)
Chapter 14

If the landlord stipulates in the contract of share-cropping that he would terminate the contract whenever he likes.

باب إِذَا اشْتَرَطَ فِي الْمُزَارَعَةِ إِذَا شِئْتُ أَخْرَجْتُكَ

2730. Narrated Ibn ‘Umar (radhiyallahu anhuma):

When the people of Khaibar dislocated ‘Abdullah bin Umar’s hands and feet, ‘Umar got up delivering a sermon saying, “No doubt, Allah’s Messenger ﷺ made a contract with the Jews concerning their properties, and said to them, ‘We allow you (to stand in your land) as long as Allah allows you.’ Now ‘Abdullah bin ‘Umar went to his land and was attacked at night, and his hands and feet were dislocated, and as we have no enemies there except those Jews, they are our enemies and the only people whom we suspect, I have made up my mind to exile them.” When ‘Umar decided to carry out his decision, a son of Abu Al-Haqiq’s came and addressed ‘Umar, “O chief of the believers, will you exile us although Muhammad ﷺ allowed us to stay at our places, and made a contract with us about our properties, and accepted the condition of our residence in our land?” ‘Umar said, “Do you think that I have forgotten the statement of Allah’s Messenger ﷺ, i.e.: What will your condition be when you are expelled from Khaibar and your camel will be carrying you night after night?” The Jew replied, “That was joke from Abu-l-Qasim.” ‘Umar said, “O the enemy of Allah! You are telling a lie.” ‘Umar then drove them out and paid them the price of their properties in the form of fruits, money, camel saddles and ropes, etc.”

Reference
: Sahih al-Bukhari 2730
USC-MSA reference
: Vol. 3, Book 50, Hadith 890 (old numbering)
Chapter 15

The conditions of Jihad and peace treaties with (non-Muslim) warriors, and the writing of the conditions.

باب الشُّرُوطِ فِي الْجِهَادِ وَالْمُصَالَحَةِ مَعَ أَهْلِ الْحَرْبِ وَكِتَابَةِ الشُّرُوطِ

2731, 2732. Narrated Al-Miswar bin Makhrama and Marwan:

(whose narrations attest each other) Allah’s Messenger ﷺ set out at the time of Al-Hudaibiya (treaty), and when they proceeded for a distance, he said, “Khalid bin Al-Walid leading the cavalry of Quraish constituting the front of the army, is at a place called Al-Ghamim, so take the way on the right.” By Allah, Khalid did not perceive the arrival of the Muslims till the dust arising from the march of the Muslim army reached him, and then he turned back hurriedly to inform Quraish. The Prophet ﷺ went on advancing till he reached the Thaniyya (i.e. a mountainous way) through which one would go to them (i.e. people of Quraish). The she-camel of the Prophet ﷺ sat down. The people tried their best to cause the she-camel to get up but in vain, so they said, “Al-Qaswa’ (i.e. the she-camel’s name) has become stubborn! Al-Qaswa’ has become stubborn!” The Prophet ﷺ said, “Al-Qaswa’ has not become stubborn, for stubbornness is not her habit, but she was stopped by Him Who stopped the elephant.” Then he said, “By the Name of Him in Whose Hands my soul is, if they (i.e. the Quraish infidels) ask me anything which will respect the ordinances of Allah, I will grant it to them.”

The Prophet ﷺ then rebuked the she-camel and she got up. The Prophet ﷺ changed his way till he dismounted at the farthest end of Al-Hudaibiya at a pit (i.e. well) containing a little water which the people used in small amounts, and in a short while the people used up all its water and complained to Allah’s Messenger ﷺ; of thirst. The Prophet ﷺ took an arrow out of his arrow-case and ordered them to put the arrow in that pit. By Allah, the water started and continued sprouting out till all the people quenched their thirst and returned with satisfaction. While they were still in that state, Budail bin Warqa-al-Khuza’i came with some persons from his tribe Khuza’a and they were the advisers of Allah’s Messenger ﷺ who would keep no secret from him and were from the people of Tihama. Budail said, “I left Kab bin Luai and ‘Amir bin Luai residing at the profuse water of Al-Hudaibiya and they had milch camels (or their women and children) with them, and will wage war against you, and will prevent you from visiting the Ka’bah.” Allah’s Messenger ﷺ said, “We have not come to fight anyone, but to perform the ‘Umra. No doubt, the war has weakened Quraish and they have suffered great losses, so if they wish, I will conclude a truce with them, during which they should refrain from interfering between me and the people (i.e. the ‘Arab infidels other than Quraish), and if I have victory over those infidels, Quraish will have the option to embrace Islam as the other people do, if they wish; they will at least get strong enough to fight. But if they do not accept the truce, by Allah in Whose Hands my life is, I will fight with them defending my Cause till I get killed, but (I am sure) Allah will definitely make His Cause victorious.” Budail said, “I will inform them of what you have said.” So, he set off till he reached Quraish and said, “We have come from that man (i.e. Muhammad ﷺ) whom we heard saying something which we will disclose to you if you should like.” Some of the fools among Quraish shouted that they were not in need of this information, but the wiser among them said, “Relate what you heard him saying.” Budail said, “I heard him saying so-and-so,” relating what the Prophet ﷺ had told him.

Urwa bin Mas’ud got up and said, “O people! Aren’t you the sons? They said, “Yes.” He added, “Am I not the father?” They said, “Yes.” He said, “Do you mistrust me?” They said, “No.” He said, “Don’t you know that I invited the people of ‘Ukaz for your help, and when they refused I brought my relatives and children and those who obeyed me (to help you)?” They said, “Yes.” He said, “Well, this man (i.e. the Prophet ﷺ) has offered you a reasonable proposal, you’d better accept it and allow me to meet him.” They said, “You may meet him.” So, he went to the Prophet ﷺ and started talking to him. The Prophet ﷺ told him almost the same as he had told Budail. Then Urwa said, “O Muhammad ﷺ! Won’t you feel any scruple in extirpating your relations? Have you ever heard of anyone amongst the Arabs extirpating his relatives before you? On the other hand, if the reverse should happen, (nobody will aid you, for) by Allah, I do not see (with you) dignified people, but people from various tribes who would run away leaving you alone.” Hearing that, Abu Bakr abused him and said, “Do you say we would run and leave the Prophet ﷺ alone?” Urwa said, “Who is that man?” They said, “He is Abu Bakr.” Urwa said to Abu Bakr, “By Him in Whose Hands my life is, were it not for the favor which you did to me and which I did not compensate, I would retort on you.” Urwa kept on talking to the Prophet ﷺ and seizing the Prophet’s ﷺ beard as he was talking while Al-Mughira bin Shu’ba was standing near the head of the Prophet ﷺ, holding a sword and wearing a helmet. Whenever Urwa stretched his hand towards the beard of the Prophet ﷺ, Al-Mughira would hit his hand with the handle of the sword and say (to Urwa), “Remove your hand from the beard of Allah’s Messenger ﷺ.” Urwa raised his head and asked, “Who is that?” The people said, “He is Al-Mughira bin Shu’ba.” Urwa said, “O treacherous! Am I not doing my best to prevent evil consequences of your treachery?”

Before embracing Islam Al-Mughira was in the company of some people. He killed them and took their property and came (to Al-Madina) to embrace Islam. The Prophet ﷺ said (to him, “As regards your Islam, I accept it, but as for the property I do not take anything of it. (As it was taken through treason). Urwa then started looking at the Companions of the Prophet ﷺ. By Allah, whenever Allah’s Messenger ﷺ spat, the spittle would fall in the hand of one of them (i.e. the Prophet’s ﷺ companions) who would rub it on his face and skin; if he ordered them they would carry his orders immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke to him, they would lower their voices and would not look at his face constantly out of respect. Urwa returned to his people and said, “O people! By Allah, I have been to the kings and to Caesar, Khosrau and An-Najashi, yet I have never seen any of them respected by his courtiers as much as Muhammad ﷺ is respected by his companions. By Allah, if he spat, the spittle would fall in the hand of one of them (i.e. the Prophet’s ﷺ companions) who would rub it on his face and skin; if he ordered them, they would carry out his order immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke, they would lower their voices and would not look at his face constantly out of respect.” Urwa added, “No doubt, he has presented to you a good reasonable offer, so please accept it.” A man from the tribe of Bani Kinana said, “Allow me to go to him,” and they allowed him, and when he approached the Prophet ﷺ and his companions, Allah’s Ap le I said, “He is so-and-so who belongs to the tribe that respects the Budn (i.e. camels of the sacrifice). So, bring the Budn in front of him.” So, the Budn were brought before him and the people received him while they were reciting Talbiya. When he saw that scene, he said, “Glorified be Allah! It is not fair to prevent these people from visiting the Ka’bah.” When he returned to his people, he said, ‘I saw the Budn garlanded (with colored knotted ropes) and marked (with stabs on their backs). I do not think it is advisable to prevent them from visiting the Ka’bah.” Another person called Mikraz bin Hafs got up and sought their permission to go to Muhammad ﷺ, and they allowed him, too. When he approached the Muslims, the Prophet ﷺ said, “Here is Mikraz and he is a vicious man.” Mikraz started talking to the Prophet ﷺ and as he was talking, Suhail bin Amr came.

When Suhail bin Amr came, the Prophet ﷺ said, “Now the matter has become easy.” Suhail said to the Prophet ﷺ “Please conclude a peace treaty with us.” So, the Prophet ﷺ called the clerk and said to him, “Write: By the Name of Allah, the most Beneficent, the most Merciful.” Suhail said, “As for ‘Beneficent,’ by Allah, I do not know what it means. So write: By Your Name O Allah, as you used to write previously.” The Muslims said, “By Allah, we will not write except: By the Name of Allah, the most Beneficent, the most Merciful.” The Prophet ﷺ said, “Write: By Your Name O Allah.” Then he dictated, “This is the peace treaty which Muhammad, Allah’s Messenger ﷺ has concluded.” Suhail said, “By Allah, if we knew that you are Allah’s Messenger ﷺ we would not prevent you from visiting the Ka’bah, and would not fight with you. So, write: “Muhammad bin ‘Abdullah.” The Prophet ﷺ said, “By Allah! I am Messenger ﷺ of Allah even if you people do not believe me. Write: Muhammad bin ‘Abdullah.” (Az-Zuhri said, “The Prophet ﷺ accepted all those things, as he had already said that he would accept everything they would demand if it respects the ordinance of Allah, (i.e. by letting him and his companions perform ‘Umra.)” The Prophet ﷺ said to Suhail, “On the condition that you allow us to visit the House (i.e. Ka’bah) so that we may perform Tawaf around it.” Suhail said, “By Allah, we will not (allow you this year) so as not to give chance to the ‘Arabs to say that we have yielded to you, but we will allow you next year.” So, the Prophet ﷺ got that written.

Then Suhail said, “We also stipulate that you should return to us whoever comes to you from us, even if he embraced your religion.” The Muslims said, “Glorified be Allah! How will such a person be returned to the pagans after he has become a Muslim? While they were in this state Abu- Jandal bin Suhail bin ‘Amr came from the valley of Makkah staggering with his fetters and fell down amongst the Muslims. Suhail said, “O Muhammad ﷺ! This is the very first term with which we make peace with you, i.e. you shall return Abu Jandal to me.” The Prophet ﷺ said, “The peace treaty has not been written yet.” Suhail said, “I will never allow you to keep him.” The Prophet ﷺ said, “Yes, do.” He said, “I won’t do.: Mikraz said, “We allow you (to keep him).” Abu Jandal said, “O Muslims! Will I be returned to the pagans though I have come as a Muslim? Don’t you see how much I have suffered?”

Abu Jandal had been tortured severely for the Cause of Allah. ‘Umar bin Al-Khattab said, “I went to the Prophet ﷺ and said, ‘Aren’t you truly the Messenger ﷺ of Allah?’ The Prophet ﷺ said, ‘Yes, indeed.’ I said, ‘Isn’t our Cause just and the cause of the enemy unjust?’ He said, ‘Yes.’ I said, ‘Then why should we be humble in our religion?’ He said, ‘I am Allah’s Messenger ﷺ and I do not disobey Him, and He will make me victorious.’ I said, ‘Didn’t you tell us that we would go to the Ka’bah and perform Tawaf around it?’ He said, ‘Yes, but did I tell you that we would visit the Ka’bah this year?’ I said, ‘No.’ He said, ‘So you will visit it and perform Tawaf around it?’ ” ‘Umar further said, “I went to Abu Bakr and said, ‘O Abu Bakr! Isn’t he truly Allah’s Prophet ﷺ?’ He replied, ‘Yes.’ I said, ‘Then why should we be humble in our religion?’ He said, ‘Indeed, he is Allah’s Messenger ﷺ and he does not disobey his Lord, and He will make him victorious. Adhere to him as, by Allah, he is on the right.’ I said, ‘Was he not telling us that we would go to the Ka’bah and perform Tawaf around it?’ He said, ‘Yes, but did he tell you that you would go to the Ka’bah this year?’ I said, ‘No.’ He said, “You will go to Ka’bah and perform Tawaf around it.” (Az-Zuhri said, ” ‘Umar said, ‘I performed many good deeds as expiation for the improper questions I asked them.’ “)

When the writing of the peace treaty was concluded, Allah’s Messenger ﷺ said to his companions, “Get up and’ slaughter your sacrifices and get your head shaved.” By Allah none of them got up, and the Prophet ﷺ repeated his order thrice. When none of them got up, he left them and went to Um Salama and told her of the people’s attitudes towards him. Um Salama said, “O the Prophet ﷺ of Allah! Do you want your order to be carried out? Go out and don’t say a word to anybody till you have slaughtered your sacrifice and call your barber to shave your head.” So, the Prophet ﷺ went out and did not talk to anyone of them till he did that, i.e. slaughtered the sacrifice and called his barber who shaved his head. Seeing that, the companions of the Prophet ﷺ got up, slaughtered their sacrifices, and started shaving the heads of one another, and there was so much rush that there was a danger of killing each other. Then some believing women came (to the Prophet ﷺ ); and Allah revealed the following Divine Verses:–

“O you who believe, when the believing women come to you as emigrants examine them . . .” (60.10)

‘Umar then divorced two wives of his who were infidels. Later on Muawiya bin Abu Sufyan married one of them, and Safwan bin Umaya married the other. When the Prophet ﷺ returned to Al-Madina, Abu Basir, a new Muslim convert from Quraish came to him. The Infidels sent in his pursuit two men who said (to the Prophet ﷺ ), “Abide by the promise you gave us.” So, the Prophet ﷺ handed him over to them. They took him out (of the City) till they reached Dhul-Hulaifa where they dismounted to eat some dates they had with them. Abu Basir said to one of them, “By Allah, O so-and-so, I see you have a fine sword.” The other drew it out (of the scabbard) and said, “By Allah, it is very fine and I have tried it many times.” Abu Bair said, “Let me have a look at it.”

When the other gave it to him, he hit him with it till he died, and his companion ran away till he came to Al-Madina and entered the Mosque running. When Allah’s Messenger ﷺ saw him he said, “This man appears to have been frightened.” When he reached the Prophet ﷺ he said, “My companion has been murdered and I would have been murdered too.” Abu Basir came and said, “O Allah’s Messenger ﷺ, by Allah, Allah has made you fulfill your obligations by your returning me to them (i.e. the Infidels), but Allah has saved me from them.” The Prophet ﷺ said, “Woe to his mother! what excellent war kindler he would be, should he only have supporters.” When Abu Basir heard that he understood that the Prophet ﷺ would return him to them again, so he set off till he reached the seashore. Abu Jandal bin Suhail got himself released from them (i.e. infidels) and joined Abu Basir. So, whenever a man from Quraish embraced Islam he would follow Abu Basir till they formed a strong group. By Allah, whenever they heard about a caravan of Quraish heading towards Sham, they stopped it and attacked and killed them (i.e. infidels) and took their properties. The people of Quraish sent a message to the Prophet ﷺ requesting him for the Sake of Allah and Kith and kin to send for (i.e. Abu Basir and his companions) promising that whoever (amongst them) came to the Prophet ﷺ would be secure. So the Prophet ﷺ sent for them (i.e. Abu Basir’s companions) and Allah I revealed the following Divine Verses:

“And it is He Who Has withheld their hands from you and your hands From them in the midst of Makkah, After He made you the victorious over them. . . . the unbelievers had pride and haughtiness, in their hearts . . . the pride and haughtiness of the time of ignorance.” (48.24-26) And their pride and haughtiness was that they did not confess (write in the treaty) that he (i.e. Muhammad ﷺ) was the Prophet ﷺ of Allah and refused to write: “In the Name of Allah, the most Beneficent, the Most Merciful,” and prevented the Mushriks from visiting the Ka’bah.

Reference
: Sahih al-Bukhari 2731, 2732
USC-MSA reference
: Vol. 3, Book 50, Hadith 891 (old numbering)

2733. Narrated Az-Zuhri:

Urwa said, “‘Aishah told me that Allah’s Messenger ﷺ used to examine the women emigrants. We have been told also that when Allah revealed the order that the Muslims should return to the pagans what they had spent on their wives who emigrated (after embracing Islam) and that the Mushriks should not. keep unbelieving women as their wives, ‘Umar divorced two of his wives, Qariba, the daughter of Abu Urhaiya and the daughter of Jarwal Al-Khuza’i. Later on Mu’awlya married Qariba and Abu Jahm married the other.”

When the pagans refused to pay what the Muslims had spent on their wives, Allah revealed: “And if any of your wives have gone from you to the unbelievers and you have an accession (By the coming over of a woman from the other side) (Then pay to those whose wives have gone) The equivalent of what they had spent (On their Mahr).” (60.11)

So, Allah ordered that the Muslim whose wife, has gone, should be given, as a compensation of the Mahr he had given to his wife, from the Mahr of the wives of the pagans who had emigrated deserting their husbands.

We do not know any of the women emigrants who deserted Islam after embracing it. We have also been told that Abu Basir bin Asid Ath-Thaqafi came to the Prophet ﷺ as a Muslim emigrant during the truce. Al-Akhnas bin Shariq wrote to the Prophet ﷺ requesting him to return Abu Basir.

Reference
: Sahih al-Bukhari 2733
USC-MSA reference
: Vol. 3, Book 50, Hadith 891 (old numbering)
Chapter 16

Conditions in loans.

باب الشُّرُوطِ فِي الْقَرْضِ

2734. Narrated Abu Hurairah (radhiyallahu anhu):

Allah’s Messenger ﷺ mentioned a person who asked an Israeli man to lend him one-thousand Dinars, and the Israeli lent him the sum for a certain fixed period.

Reference
: Sahih al-Bukhari 2734
USC-MSA reference
: Vol. 3, Book 50, Hadith 892 (old numbering)
Chapter 17

Al-Mukatab (i.e. the slave who is given the writing of emancipation for a certain sum) and about the invalidity of those conditions which contradict Allah’s Laws.

باب الْمُكَاتَبِ وَمَا لاَ يَحِلُّ مِنَ الشُّرُوطِ الَّتِي تُخَالِفُ كِتَابَ اللَّهِ

2735. Narrated Amra:

‘Aishah said that Buraira came to seek her help in the writing of her emancipation. ‘Aishah said to her, “If you wish, I will pay your masters (your price) and the wala’ will be for me.” When Allah’s Messenger ﷺ came, she told him about it. The Prophet ﷺ said to her, “Buy her (i.e. Buraira) and manumit her, for the Wala is for the one who manumits.” Then Allah’s Messenger ﷺ ascended the pulpit and said, “What about those people who stipulate conditions which are not in Allah’s Laws? Whoever stipulates such conditions as are not in Allah’s Laws, then those conditions are invalid even if he stipulated a hundred such conditions.”

Reference
: Sahih al-Bukhari 2735
USC-MSA reference
: Vol. 3, Book 50, Hadith 893 (old numbering)
Chapter 18

What kinds of conditions are permissible and what is exempted from the decision; and the conditions which are well-known amongst the people, and if somebody says, “One hundred minus one or two.”

باب مَا يَجُوزُ مِنَ الاِشْتِرَاطِ وَالثُّنْيَا فِي الإِقْرَارِ

2736. Narrated Abu Hurairah (radhiyallahu anhu):

Allah’s Messenger ﷺ said, “Allah has ninety-nine names, i.e. one-hundred minus one, and whoever knows them will go to Paradise.” (Please see Hadith No. 419 Vol. 8)

Reference
: Sahih al-Bukhari 2736
USC-MSA reference
: Vol. 3, Book 50, Hadith 894 (old numbering)
Chapter 19

Conditions in Waqf (i.e. religious endowment).

باب الشُّرُوطِ فِي الْوَقْفِ

2737. Narrated Ibn ‘Umar (radhiyallahu anhuma):

‘Umar bin Khattab got some land in Khaibar and he went to the Prophet ﷺ to consult him about it saying, “O Allah’ Messenger ﷺ got some land in Khaibar better than which I have never had, what do you suggest that I do with it?” The Prophet ﷺ said, “If you like you can give the land as endowment and give its fruits in charity.” So ‘Umar gave it in charity as an endowment on the condition that would not be sold nor given to anybody as a present and not to be inherited, but its yield would be given in charity to the poor people, to the Kith and kin, for freeing slaves, for Allah’s Cause, to the travelers and guests; and that there would be no harm if the guardian of the endowment ate from it according to his need with good intention, and fed others without storing it for the future.”

Reference
: Sahih al-Bukhari 2737
USC-MSA reference
: Vol. 3, Book 50, Hadith 895 (old numbering)

No ahadith match your search.

Sahih al-Bukhari: Book 45: Lost Things Picked up by Someone (Luqatah)

Sahih al-Bukhari · Book 45 of 97

Lost Things Picked Up by Someone

كتاب فى اللقطة · Luqatah

Hadith 2426 – 243915 Ahadith

Chapter 1

When the owner of the Luqata informs its description exactly (proves that it belongs to him) it should be returned to him.

باب إِذَا أَخْبَرَهُ رَبُّ اللُّقَطَةِ، بِالْعَلاَمَةِ دَفَعَ إِلَيْهِ

2426. Narrated Ubai bin Ka’b (radhiyallahu anhu):

I found a purse containing one hundred Diners. So I went to the Prophet ﷺ (and informed him about it), he said, “Make public announcement about it for one year” I did so, but nobody turned up to claim it, so I again went to the Prophet ﷺ who said, “Make public announcement for another year.” I did, but none turned up to claim it. I went to him for the third time and he said, “Keep the container and the string which is used for its tying and count the money it contains and if its owner comes, give it to him; otherwise, utilize it.”

The sub-narrator Salama said, “I met him (Suwaid, another sub-narrator) in Makkah and he said, ‘I don’t know whether Ubai made the announcement for three years or just one year.’ “

Reference
: Sahih al-Bukhari 2426
USC-MSA reference
: Vol. 3, Book 42, Hadith 608 (old numbering)
Chapter 2

Lost camels.

باب ضَالَّةِ الإِبِلِ

2427. Narrated Zaid bin Khalid Al-Juhani (radhiyallahu anhu):

A bedouin went to the Prophet ﷺ and asked him about picking up a lost thing. The Prophet ﷺ said, “Make public announcement about it for one year. Remember the description of its container and the string with which it is tied; and if somebody comes and claims it and describes it correctly, (give it to him); otherwise, utilize it.” He said, “O Allah’s Messenger ﷺ! What about a lost sheep?” The Prophet ﷺ said, “It is for you, for your brother (i.e. its owner), or for the wolf.” He further asked, “What about a lost camel?” On that the face of the Prophet ﷺ became red (with anger) and said, “You have nothing to do with it, as it has its feet, its water reserve and can reach places of water and drink, and eat trees.”

Reference
: Sahih al-Bukhari 2427
USC-MSA reference
: Vol. 3, Book 42, Hadith 609 (old numbering)
Chapter 3

Lost sheep.

باب ضَالَّةِ الْغَنَمِ

2428. Narrated Sulaiman bin Bilal from Yahya:

Yazid Maula Al-Munba’ith heard Zaid bin Khalid al-Juham saying, “The Prophet ﷺ was asked about Luqata. He said, ‘Remember the description of its container and the string it is tied with, and announce it publicly for one year.’ ” Yazid added, “If nobody claims then the person who has found it can spend it, and it is regarded as a trust entrusted to him.” Yahya said, “I do not know whether the last sentences were said by the Prophet ﷺ or by Yazid.” Zaid further said, “The Prophet ﷺ was asked, ‘What about a lost sheep?’ The Prophet ﷺ said, ‘Take it, for it is for you or for your brother (i.e. its owner) or for the wolf.” Yazid added that it should also be announced publicly. The man then asked the Prophet ﷺ about a lost camel. The Prophet ﷺ said, “Leave it, as it has its feet, water container (reservoir), and it will reach a place of water and eat trees till its owner finds it.”

Reference
: Sahih al-Bukhari 2428
USC-MSA reference
: Vol. 3, Book 42, Hadith 610 (old numbering)
Chapter 4

If the owner of a lost thing is not found for one year, then the thing is for the one who has found it.

باب إِذَا لَمْ يُوجَدْ صَاحِبُ اللُّقَطَةِ بَعْدَ سَنَةٍ فَهْىَ لِمَنْ وَجَدَهَا

2429. Narrated Zaid bin Khalid (radhiyallahu anhu):

A man came and asked Allah’s Messenger ﷺ about picking a lost thing. The Prophet ﷺ said, “Remember the description of its container and the string it is tied with, and make public announcement about it for one year. If the owner shows up, give it to him; otherwise, do whatever you like with it.” He then asked, “What about a lost sheep?” The Prophet ﷺ said, “It is for you, for your brother (i.e. its owner), or for the wolf.” He further asked, “What about a lost camel?” The Prophet ﷺ said, “It is none of your concern. It has its water-container (reservoir) and its feet, and it will reach water and drink it and eat the trees till its owner finds it.”

Reference
: Sahih al-Bukhari 2429
USC-MSA reference
: Vol. 3, Book 42, Hadith 611 (old numbering)
Chapter 5

If someone finds a piece of wood or a lash or similar things in the sea.

باب إِذَا وَجَدَ خَشَبَةً فِي الْبَحْرِ أَوْ سَوْطًا أَوْ نَحْوَهُ

2430. Narrated ‘Abdur-Rahman bin Hurmuz:

Abu Hurairah (radhiyallahu anhu) said, “Allah’s Messenger ﷺ mentioned an Israeli man.” Abu Hurairah then told the whole narration. (At the end of the narration it was mentioned that the creditor) went out to the sea, hoping that a boat might have brought his money. Suddenly he saw a piece of wood and he took it to his house to use as firewood. When he sawed it, he found his money and a letter in it. [See Hadith No. 2291 for details].

Reference
: Sahih al-Bukhari 2430
USC-MSA reference
: Vol. 3, Book 42, Hadith 611 (old numbering)
Chapter 6

If somebody finds a date on the way.

باب إِذَا وَجَدَ تَمْرَةً فِي الطَّرِيقِ

2431. Narrated Anas (radhiyallahu anhu):

The Prophet ﷺ passed a date fallen on the way and said, “Were I not afraid that it may be from a Sadaqa (charitable gifts), I would have eaten it.”

Reference
: Sahih al-Bukhari 2431
USC-MSA reference
: Vol. 3, Book 42, Hadith 612 (old numbering)

2432. Narrated Abu Hurairah (radhiyallahu anhu):

The Prophet ﷺ said, “Sometimes when I return home and find a date fallen on my bed, I pick it up in order to eat it, but I fear that it might be from a Sadaqa, so I throw it.”

Reference
: Sahih al-Bukhari 2432
USC-MSA reference
: Vol. 3, Book 42, Hadith 612 (old numbering)
Chapter 7

How the Luqata at Makkah is to be announced.

باب كَيْفَ تُعَرَّفُ لُقَطَةُ أَهْلِ مَكَّةَ

2433. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

Allah’s Messenger ﷺ also said, “It (i.e., Makkah’s) thorny bushes should not be uprooted and its game should not be chased, and picking up its fallen things is illegal except by him who makes public announcement about it, and its grass should not be cut.” ‘Abbas said, “O Allah’s Messenger! Except Idhkhir (a kind of grass).” The Prophet ﷺ said, “Except Idhkhir.”

Reference
: Sahih al-Bukhari 2433
USC-MSA reference
: Vol. 3, Book 42, Hadith 613 (old numbering)

2434. Narrated Abu Hurairah (radhiyallahu anhu):

When Allah gave victory to His Messenger ﷺ over the people of Makkah, Allah’s Messenger ﷺ stood up among the people and after glorifying Allah, said, “Allah has prohibited fighting in Makkah and has given authority to His Messenger ﷺ and the believers over it, so fighting was illegal for anyone before me, and was made legal for me for a part of a day, and it will not be legal for anyone after me. Its game should not be chased, its thorny bushes should not be uprooted, and picking up its fallen things is not allowed except for one who makes public announcement for it, and he whose relative is murdered has the option either to accept a compensation for it or to retaliate.” Al-‘Abbas said, “Except Al-Idhkhir, for we use it in our graves and houses.” Allah’s Messenger ﷺ said, “Except Al-Idhkhir.” Abu Shah, a Yemenite, stood up and said, “O Allah’s Messenger ﷺ! Get it written for me.” Allah’s Messenger ﷺ said, “Write it for Abu Shah.” (The sub-narrator asked Al-Auza’i): What did he mean by saying, “Get it written, O Allah’s Messenger ﷺ?” He replied, “The speech which he had heard from Allah’s Messenger ﷺ .”

Reference
: Sahih al-Bukhari 2434
USC-MSA reference
: Vol. 3, Book 42, Hadith 613 (old numbering)
Chapter 8

No animal may be milked without the permission of its owner.

باب لاَ تُحْتَلَبُ مَاشِيَةُ أَحَدٍ بِغَيْرِ إِذْنٍهِ

2435. Narrated Ibn ‘Umar (radhiyallahu anhuma):

Allah’s Messenger ﷺ said, “An animal should not be milked without the permission of its owner. Does any of you like that somebody comes to his store and breaks his container and takes away his food? The udders of the animals are the stores of their owners where their provision is kept, so nobody should milk the animals of somebody else, without the permission of its owner.”

Reference
: Sahih al-Bukhari 2435
USC-MSA reference
: Vol. 3, Book 42, Hadith 614 (old numbering)
Chapter 9

If the owner of lost property comes back after a year, it should be returned to him as it is a trust with the one who has found it.

باب إِذَا جَاءَ صَاحِبُ اللُّقَطَةِ بَعْدَ سَنَةٍ رَدَّهَا عَلَيْهِ، لأَنَّهَا وَدِيعَةٌ عِنْدَهُ

2436. Narrated Zaid bin Khalid Al-Juhani (radhiyallahu anhu):

A man asked Allah’s Messenger ﷺ about the Luqata. He said, “Make public announcement of it for one year, then remember the description of its container and the string it is tied with, utilize the money, and if its owner comes back after that, give it to him.” The people asked, “O Allah’s Messenger ﷺ! What about a lost sheep?” Allah’s Messenger ﷺ said, “Take it, for it is for you, for your brother, or for the wolf.” The man asked, “O Allah’s Messenger ﷺ! What about a lost camel?” Allah’s Messenger ﷺ got angry and his cheeks or face became red, and said, “You have no concern with it as it has its feet, and its water-container, till its owner finds it.”

Reference
: Sahih al-Bukhari 2436
USC-MSA reference
: Vol. 3, Book 42, Hadith 615 (old numbering)
Chapter 10

Should one pick up a fallen thing, lest it should be spoilt or taken by somebody who does not deserve it?

باب هَلْ يَأْخُذُ اللُّقَطَةَ وَلاَ يَدَعُهَا تَضِيعُ، حَتَّى لاَ يَأْخُذَهَا مَنْ لاَ يَسْتَحِقُّ

2437. Narrated Suwaid bin Ghafala:

While I as in the company of Salman bin Rabi’a and Suhan, in one of the holy battles, I found a whip. One of them told me to drop it but I refused to do so and said that I would give it to its owner if I found him, otherwise I would utilize it. On our return we performed Hajj and on passing by Al-Madina, I asked Ubai bin Ka’b about it. He said, “I found a bag containing a hundred Dinars in the lifetime of the Prophet ﷺ and took it to the Prophet ﷺ who said to me, ‘Make public announcement about it for one year.’ So, I announced it for one year and went to the Prophet ﷺ who said, ‘Announce it publicly for another year.’ So, I announced it for another year. I went to him again and he said, “Announce for an other year.” So I announced for still another year. I went to the Prophet ﷺ for the fourth time, and he said, ‘Remember the amount of money, the description of its container and the string it is tied with, and if the owner comes, give it to him; otherwise, utilize it.’ “

Reference
: Sahih al-Bukhari 2437
USC-MSA reference
: Vol. 3, Book 42, Hadith 616 (old numbering)

2437b. Narrated Salama (radhiyallahu anhu):

the above narration (Hadith 616) from Ubai bin Ka’b: adding, “I met the sub-narrator at Makkah later on, but he did not remember whether Ka’b had announced what he had found one year or three years.”

Reference
: Sahih al-Bukhari 2437b
USC-MSA reference
: Vol. 3, Book 42, Hadith 617 (old numbering)
Chapter 11

Whoever announced the Luqata in public and did not hand it over to the ruler.

باب مَنْ عَرَّفَ اللُّقَطَةَ، وَلَمْ يَدْفَعْهَا إِلَى السُّلْطَانِ

2438. Narrated Zaid bin Khalid (radhiyallahu anhu):

A bedouin asked the Prophet ﷺ about the Luqata. The Prophet ﷺ said, “Make public announcement about it for one year and if then somebody comes and describes the container of the Luqata and the string it was tied with, (give it to him); otherwise, spend it.” He then asked the Prophet ﷺ about a lost camel. The face of the Prophet ﷺ become red and he said, “You have o concern with it as it has its water reservoir and feet and it will reach water and drink and eat trees. Leave it till its owner finds it.” He then asked the Prophet ﷺ about a lost sheep. The Prophet ﷺ said, “It is for you, for your brother, or for the wolf.”

Reference
: Sahih al-Bukhari 2438
USC-MSA reference
: Vol. 3, Book 42, Hadith 618 (old numbering)

2439. Narrated Abu Bakr (radhiyallahu anhu):

While I was on my way, all of a sudden I saw a shepherd driving his sheep, I asked him whose servant he was. He replied that he was the servant of a man from Quraish, and then he mentioned his name and I recognized him. I asked, “Do your sheep have some milk?” He replied in the affirmative. I said, “Are you going to milk for me?” He replied in the affirmative. I ordered him and he tied the legs of one of the sheep. Then I told him to clean the udder (teats) of dust and to remove dust off his hands. He removed the dust off his hands by clapping his hands. He then milked a little milk. I put the milk for Allah’s Messenger ﷺ in a pot and closed its mouth with a piece of cloth and poured water over it till it became cold. I took it to the Prophet ﷺ and said, “Drink, O Allah’s Messenger ﷺ!” He drank it till I was pleased.

Reference
: Sahih al-Bukhari 2439
USC-MSA reference
: Vol. 3, Book 42, Hadith 619 (old numbering)

No ahadith match your search.

The Fruits of Putting one’s Trust in Allaah : Shaykh Saalih Al-Fawzaan

Haqeeqat-ut-Tawakkul (pg. 35-42) – Al-Ibaanah.com

As for the fruits of putting one’s trust in Allaah (i.e. tawakkul), then they are many. The greatest of them is that Allaah will suffice him in whatever he seeks after. “And whoever puts his trust in Allaah, He will suffice him.” [Surah At-Talaaq: 3]

So whoever relegates his affairs to Allaah, relies on Him alone, and believes that no one can give him good or repel harm from him except Allaah, “He will suffice him.”

This means that Allaah will protect him from all harms since the recompense is based on the action a person does. So when someone puts his trust in Allaah in the correct manner, He rewards him by sufficing him and taking charge of his affairs. Allaah Himself takes charge of this individual’s affairs and does not relegate it to anyone else. This is the greatest fruit of tawakkul (reliance upon Allaah).

"Whoever takes an oath by al-Amaanah (the trust), then he is not from us"

From Buraydah (radiyAllaahu ‘anhu) who said that the Messenger of Allaah ( peace be upon him) said,

((Whoever takes an oath by al-Amaanah (the trust), then he is not from us)).

Reported by Aboo Daawud, no. 3253 with an authentic chain, authenticated by ash-Shaykh al-Albaanee in as-Saheehah, no. 94, and also authenticated by ash-Shaykh Muqbil in al-Jaami’ as-Saheeh 1/291.

Regarding the third hadeeth of Buraydah, Shaykh Ahmed mentioned that this great test and tribulation has affected the general people in the lands of the Muslims, such that they have become accustomed to this (i.e. swearing by al-Amaanah), and it has become widespread on their tongues to swear by al-Amaanah. And the trust (al-Amaanah) is a great thing to them, and they use as a proof for their action of this the statement of Allaah (subhaana wa ta’aalaa):

Truly, We did offer AlAmaanah (the trust or moral responsibility or honesty and all the duties which Allaah has ordained) to the heavens and the earth, and the mountains, but they declined to bear it and were afraid of it (i.e. afraid of Allaah’s Torment). But man bore it. Verily, he was unjust (to himself) and ignorant (of itsresults). (Al-Ahzaab 33:72)

And Shaykh Ahmed mentioned that in this verse is the affirmation that al-Amaanah, the trust, isa great thing. A great thing which Allaah (subhaana wa ta’aalaa) has sent down upon the creation. A thing which mankind took and bore it. But if the person who swears by al-Amaanah is asked what is greater than al-Amaanah, he would say: ‘Allaah (subhaana wa ta’aalaa).’ So why not swear by Allaah (subhaana wa ta’aalaa), who is greater than all things, and he is the One who is entitled to glorification. And the promise of punishment that the Prophet ( peace be upon him) mentioned for the one who swears by al-Amaanah is that ‘he is not from us,’ which means that he is not from our path, our clear path and Manhaj (way /methodology).

And it is upon the person who due to accustom and habitual habits finds himself swearing by al-Amaanah, it is upon him to take note and to be careful of what comes out of his tongue, and that he must be truthful in his swearing, and that he must swear only by Allaah (subhaana wa ta’aalaa).

And in regards to being truthful when swearing, the shaykh mentioned the hadeeth of Ibn Mas’ood (radiyAllaahu ‘anhu): The Prophet ( peace be upon him ) said, “Whoever swears falsely in order to grab the property of a Muslim (or of his brother), Allaah will be angry with him when he meets Him.” Reported by al-Bukhaaree, no. 6238.

This Post Extracted from:
Lessons on Tawhid – Approximately 50 Classes – from Dar-ul-Hadith, Dammaj, Yemen
Class 31 : January – 21 – 06 – The Prohibition of Swearing by Other Than Allaah