Sahih al-Bukhari 6504

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."