Sahih al-Bukhari 6494

'Abdu'r-Rahman ibn Abi Bakr was heard to say, "Abu Bakra wrote to his son who was in Sijistan, "Do not deliver judge between two people when you are angry. I heard the Prophet, may Allah bless him and grant him peace, say, 'A judge should not deliver judgement between two people when he is angry.'" 6740. Qays ibn Abi Hazim related that Abu Mas'ud al-Ansari said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'By Allah, Messenger of Allah, I only fail to attend the morning prayer because so-and-so makes the prayer too long for us.' I have never seen the Messenger of Allah, may Allah bless him and grant him peace, more angry in giving admonition than he was that day. Then he said, 'Some of you make things difficult for people. Any of you who of you lead people in prayer should make it short. Among you there are those who are weak, old and have things they must do.'" 6741. Salim related that 'Abdullah ibn 'Umar told him that he had divorced his wife while she was menstruating. 'Umar mentioned that to the Prophet, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, became angry about it and said, "He should take her back and then keep her until she become pure and then menstruates and becomes pure. Then, if he wants to do so, he can divorce her." XIV. Someone who thinks that a judge can deliver judgement for people according to his knowledge when he does not fear bad opinion or suspicion An example of this is when the Prophet, may Allah bless him and grant him peace, told Hind, "Take what is sufficient for you and your children in a reasonable manner." That is when the business is well-known. 6742. 'Urwa related that 'A'isha said, "Hind bint 'Utba ibn Rabi'a came and said, 'By Allah, Messenger of Allah, there was no person dwelling on the face of the earth whose family I wished to see abased more than your family. Now today that is person dwelling on the face of the earth whose family I wished to see exalted more than your family.' Then she said, 'Messenger of Allah, Abu Sufyan is a grasping man. Am I doing anything wrong if I feed my children from what he has?' He told, 'There is nothing against if you feed them in a reasonable manner.'" XV. Testimony to (the identity of the writer of a) sealed letter, and what is permissible of that and what is not allowed. The letter of a ruler to his governor and that of a qadi to a qadi Some people said that the letter of the ruler is allowed except in the hudud punishments. Then they said, "If the case is one of accidental homicide, it is allowed because the case is one of money in their opinion. It becomes money after the killing is established. The accidental killing and the deliberate murder are the same in this respect. 'Umar wrote to his governor about the hudud.* [*This was Ya'la ibn Umayya, the governor of Yemen about a case of fornication.] 'Umar ibn 'Abdu'l-'Aziz wrote about [the case of] a tooth which had been broken. Ibrahim said that the letter of a qadi to another qadi is allowed when he recognises the handwriting and seal. Ash-Sha'bi used to allow the sealed letter which contained instructions from the qadi, and something similar is related from Ibn 'Umar. Mu'awiya ibn 'Abdu'l'Karim ath-Thaqafi said, "I saw 'Abdu'l-Malik ibn Ya'la, the Qadi of Basra, Iyas ibn Mu'awiya [Qadi of Basra for 'Umar ibn 'Abdu'l-'Aziz], al-Hasan [al-Basri], Thumama ibn 'Abdullah ibn Anas [Qadi of Basra for Hisham], Bilal ibn Burda [Qadi of Basra], 'Abdullah ibn Burayda al-Aslami [Qadi of Merv], 'Amir ibn 'Abida and 'Abbad ibn Mansur allow the letters of qadis without summoning witnesses. If the person against whom the letter has come says that it is false, he is told, "Go and find a way out of that [i.e. disprove it]." The first to ask for proof of the letter of the qadi were Ibn Abi Layla [Qadi of Kufa in the reign of al-Walid ibn Yazid] and Sawwar ibn 'Abdullah [Qadi of Basra for al-Mansur]. Abu Nu'aym said to us, "'Ubaydullah ibn Muhriz related to us, 'I brought a letter from Musa ibn Anas, the Qadi of Basra and presented evidence that I was owed such-and-such by a person who was in Kufa. I took it to al-Qasim ibn 'Abdu'r-Rahman [the Qadi of Kufa] and he allowed it.' Al-Hasan [al-Basri] and Abu Qilaba disliked that for there to be witnesses to a will until it was known what was in it because he would not know whether it contained some injustice. The Prophet, may Allah bless him and grant him peace, wrote to the people of Khaybar, "You either pay the blood money of your companion or war is announced against you." Az-Zuhri said about the testimony against a woman from behind a curtain, "If you recognise her, then testify. Otherwise do not testify." 6743. Qatada related that Anas ibn Malik said, "When the Prophet, may Allah bless him and grant him peace, wanted to write to the Byzantines, they said, 'They will only read a letter if it is sealed.' So the Prophet, may Allah bless him and grant him peace, took a silver ring. It is as if I could see its whiteness now. It was engraved with 'Muhammad is the Messenger of Allah.'" XVI. When is a man entitled to judge? Al-Hasan [al-Basri] said, "Allah has obliged judges not to follow passion, not to fear people and not to sell His signs for a paltry price [i.e. bribes]." Then he recited, "Dawud! We have made you a caliph on the earth, so judge between people with truth and do not follow your own desires, letting them misguide you from the Way of Allah. Those who are misguided from the Way of Allah will receive a harsh punishment because they forgot the Day of Reckoning." (38:26) He also recited, "We sent down the Torah containing guidance and light, and the Prophets who had submitted themselves gave judgement by it for the Jews �as did their scholars and their rabbis �by what they had been allowed to preserve of Allah's Book to which they were witnesses. Do not be afraid of people, be afraid of Me. And do not sell My Signs for a paltry price. Those who do not judge by what Allah has sent down, such people are unbelievers." (5:44) And he recited, "And Dawud and Sulayman when they gave judgement about the field, when the people's sheep strayed into it at night. We were Witness to their judgement. We gave Sulayman understanding of it. We gave each of them judgement and knowledge." (21:78-79) [Al-Hasan said,] "He praised Sulayman but did not blame Dawud. If Allah had not mentioned the case of these two, you would have seen the judges destroyed. However, Allah praised this one for his knowledge and excused that one in his ijtihad." Muzahim ibn Zufar said, "'Umar ibn 'Abdu'l-'Aziz said to us, 'There are five qualities. If a judge lacks one of them, it is a fault in him. He should be intelligent, forbearing, refrain [from the haram], stern, and both possess knowledge and ask frequently about it." XVII. Payment of rulers and those employed in that task Qadi Shurayh used to accept a salary for judging.''A'isha said, "The guardian consumes according to his work. Abu Bakr and 'Umar did so." 6744. Huwaytib ibn 'Abdu'l-'Uzza reported that 'Abdullah ibn as-Sa'di reported that he went to 'Umar while he was khalif and 'Umar said to him, "Have I not been told that you undertake public office, but when you are given wages, you refuse to take that?" [He said,] "I answered, 'Yes.' 'Umar asked, 'Why do you do that?' I replied, 'I have horses and slaves and I am well-off. I wish for my wages to be sadaqa for the Muslims.' 'Umar said, 'Do not do it. I wanted to do what you want to do. The Messenger of Allah, may Allah bless him and grant him peace, used to give Me gifts and I used to say, 'Give it to someone more in need of it than me.' Once he gave me some money and I said, 'Give it to someone more in need of it than me.' and the Prophet, may Allah bless him and grant him peace, said, "Take it, set it aside and then give it as sadaqa. Take what comes to you of this wealth even if you are not looking for it or asking for it. Otherwise, do not seek it yourself."'" Salim ibn 'Abdullah related that 'Abdullah ibn 'Umar said, "I heard 'Umar say, 'The Prophet, may Allah bless him and grant him peace, used to give me gifts and I would say, 'Give it to someone more in need of it than me' until once he gave me some money and I said, 'Give it to someone more in need of it than me.' and the Prophet, may Allah bless him and grant him peace, said, "Take it, set it aside, and then give it as sadaqa. Take what comes to you of this wealth even if you are not looking for it or asking for it. Otherwise, do not seek it yourself."'" XVIII. The one who judged that the li'an* be carried out in the mosque 'Umar carried out the li'an at the minbar of the Prophet, may Allah bless him and grant him peace. Shurayh, ash-Sha'bi and Yahya ibn Ya'mar gave judgement in the mosque. Marwan gave judgement that Zayd ibn Thabit should take an oath at the minbar Al-Hasan [al-Basri] and Zurara ibn Awfa [Qadi of Basra] used to give judgement in the courtyard outside the mosque. 6745. Az-Zuhri related that Sahl ibn Sa'd said, "I saw a couple ccarrying out a li'an while I was 15, and they were separated. [*A procedure used where the husband accuses the wife of infidelity and she denies; they invoke a curse on themselves if they are lying and are divorced.] 6746. Ibn Shihab related from Sahl, the brother of the Banu Sa'ida, that a man of the Ansar came to the Prophet, may Allah bless him and grant him peace, and said, "What if a man finds another man with his wife? Should he kill him?" The couple carried out a li'an in the mosque while I was present." XIX. The one who delivered judgement in the mosque, and when he delivered a hadd penalty, commanded that [the guilty party] be taken out of the mosque for it to be carried out on him 'Umar said, "Take him out of the mosque." Then he had him beaten, and the like of that was mentioned from 'Ali. 6747. Abu Salama and Sa'id ibn al-Musayyab related that Abu Hurayra said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, while he was in the mosque and called him, saying, 'Messenger of Allah, I have had illicit sex.' The Prophet, may Allah bless him and grant him peace, turned away from him. When the man had testified four times against himself, the Prophet asked, 'Are you mad?' 'No,' he answered. The Prophet, may Allah bless him and grant him peace, said, 'Take him and stone him.'" Ibn Shihab reported that he heard Jabir ibn 'Abdullah say, "I was among those who stoned him at the prayer place [i.e. the place where 'id prayers is performed]." Abu Salama related it from Jabir from the Prophet, may Allah bless him and grant him peace, about the stoning. XX. Chapter. A ruler admonishing litigants 6748. Zaynab bint Abi Salama related from Umm Salama that the Messenger of Allah, may Allah bless him and grant him peace, said, "I am a human being. Litigants come to me and it may be that one of them are more eloquent than the other and so I suppose that he is telling the truth and give judgement in his favour according to what I hear. If I judge for him any of the right of his brother, then I am only cutting for him a piece of the Fire." XXI. Testimony is given the presence of the judge when he undertakes judgement or before that in favour of the litigant Qadi Shurayh said to someone who asked him to testify, "Go the governor so that I can testify on your behalf." 'Ikrima said that 'Umar asked 'Abdu'r-Rahman ibn 'Awf, "What [would you do] if you saw a man committing a hadd, fornication or theft, and you were governor?" He replied, "Your testimony is the testimony of one Muslim man." [i.e. further witnesses are required.] "You spoke the truth," he said. 'Umar said, "If it were not that people would say, ''Umar has added to the Book of Allah,' I would have written out the verse of stoning with my own hand." Ma'iz admitted to fornication four times in the presence of the Prophet, may Allah bless him and grant him peace, and he commanded that he be stoned. It is not mentioned that the Prophet, may Allah bless him and grant him peace, asked any of those present to testify. Hammad [ibn Abi Sulayman] said, "If he confesses once before the ruler, he is stoned." Al-Hakam said that it must be four times. 6749. Abu Muhammad, the client of Abu Qatada related that Abu Qatada said, "The Messenger of Allah, may Allah bless him and grant him peace, said on the Day of Hunayn, "Whoever has proof that he has killed someone will have his spoils. I stood up to look for someone to attest to my kill but did not see anyone who could testify on behalf, and so I sat down. Then it occurred to me to mention the business to the Messenger of Allah, may Allah bless him and grant him peace.' One of the men who was sitting with him said, 'The spoils of the one killed whom he mentioned are with me.' He said, Give him satisfaction for them.' Abu Bakr said, 'No! He will no give them to a sparrow of Quraysh and leave one of the lions of Allah who fought for Allah and His Messenger!' So the Messenger of Allah, may Allah bless him and grant him peace, commanded that he give them to me and I bought a garden with it which was the first property which I ever owned. " 'Abdullah said to me that al-Layth said, "The Prophet, may Allah bless him and grant him peace, stood and gave it to me." The people of the Hijaz [Malik and those who follow him] said, "A judge should not deliver judgement according to his own knowledge, whether he witnessed that while he was a judge or before that. If a litigant affirms the right of his opponent in the presence of the judge in the assembly of judgement, according to some of them, the judge does not deliver judgement against him until he has summoned two witnesses who are present to witness his admission." Some of the people of Iraq [Abu Hanifa and those who follow him] said, "He judges according to what he has heard or seen in the assembly of judgement, but does not judge according to anything else without two witnesses." Others of them [Abu Yusuf and those who follow him] said, "He does judge by it because he is trustworthy and what is desired by testimony is to recognise the truth. Therefore his knowledge is greater than testimony." Some of them [i.e. of the people of Iraq] said, "He judges by his knowledge regarding property, but not other things." Al-Qasim said, "A judge should not give judgement by his knowledge without the knowledge of someone else even though his knowledge is greater than the testimony of someone else, for there would be a possibility of suspicion among the Muslims about him and cause doubt for them, The Prophet, may Allah bless him and grant him peace, disliked suspicion and said, "This is Safiyya." 6750. Ibn Shihab related from 'Ali ibn Husayn that Safiyya bint Huyayy came to the Prophet, may Allah bless him and grant him peace, [when he was doing i'tikaf in the mosque] and when she returned (home), he accompanied her. Two men of the Ansar passed by him and he called out to them, saying, 'It is Safiyya.' The two said, Glory be to Allah!' He said, 'Shaytan flows through the son of Adam like blood does.'" Az-Zuhri related it from 'Ali ibn Husayn from 'Ali from the Prophet, may Allah bless him and grant him peace. XXII. Chapter. A ruler commanding two commanders whom he sends to the same place to obey one another and not disobey one another