The Office of the Judge (Kitab Al-Aqdiyah)

The tradition mentioned above has also been transmitted by Rabi'ah through the chain of Abu Mus'ab and to the same effect. Sulaiman said:

I then met Suhail and asked him about this tradition. He said: I do not know it. I said to him: Rabi'ah transmitted it to me from you. He said: If Rabi'ah transmitted it to you from me, then retransmit it from Rabi'ah on my authority.

Narrated Zubayb ibn Tha'labah al-Anbari:

The Messenger of Allah (ﷺ) sent an army to Banu al-Anbar. They captured them at Rukbah in the suburbs of at-Ta'if and drove them to the Prophet (ﷺ). I rode hurriedly to the Prophet (ﷺ) and said: Peace be on you, Messenger of Allah, and the mercy of Allah and His blessings. Your contingent came to us and arrested us, but we had already embraced Islam and cut the sides of the ears of our cattle. When Banu al-Anbar arrived, the Prophet (ﷺ) said to me: Have you any evidence that you had embraced Islam before you were captured today? I said: Yes. He said: Who is your witness? I said: Samurah, a man from Banu al-Anbar, and another man whom he named. The man testified but Samurah refused to testify. The Prophet (ﷺ) said: He (Samurah) has refused to testify for you, so take an oath with your other witness. I said: Yes. He then dictated an oath to me and I swore to the effect that we had embraced Islam on a certain day, and that we had cut the sides of the ears of the cattle. The Prophet (ﷺ) said: Go and divide half of their property, but do not touch their children. Had Allah not disliked the wastage of action, we should not have taxed you even a rope. Zubayb said: My mother called me and said: This man has taken my mattress. I then went to the Prophet (ﷺ) and informed him. He said to me: Detain him. So I caught him with a garment around his neck, and stood there with him . Then the Prophet (ﷺ) looked at us standing there. He asked: What do you intend (doing) with your captive? I said: I shall let him go free if he returns to this (man) the mattress of his mother which he has taken from her. He said: Prophet (ﷺ) of Allah (ﷺ), I no longer have it. He said: The Prophet (ﷺ) took the sword of the man and gave it to me, and said to him: Go and give him some sa's of cereal. So he gave me some sa's of barley.

Narrated AbuMusa al-Ash'ari:

Two men claimed a camel or an animal and brought the case to the Prophet (ﷺ). But as neither of them produced any proof, the Prophet (ﷺ) declared that they should share it equally.

The tradition mentioned above has also been transmitted by Sa'id through a different chain of narrators to the same effect.

The tradition mentioned above has also been transmitted by Qatadah through a different chain of narrators to the effect that two men laid claim camel and both of them produced witness so the prophet (ﷺ) divided it in halves between them.

Narrated AbuHurayrah:

Two men disputed about some property and brought the case to the Prophet (ﷺ), but neither of them could produce any proof. So the Prophet (ﷺ) said: Cast lots about the oath whatever it may be, whether they like it or dislike it.

Abu hurairah reported the prophet (ﷺ) as saying:

When two men dislike the oath or like it,lots will be cost about it. Salamah said on the authority of Ma’mar who said: when the two are compelled to take an oath.

The tradition mentioned above has also been transmitted by sa’id b. ‘Urubah through the chain as narrated by Ibn Minhal. This version has :

About an animal and they had no proof. So the Messenger of Allah (ﷺ) ordered to cast lots about the oath.

Ibn Abi Mulaikah said:

Ibn ‘Abbas wrote to me that the Messenger of Allah (ﷺ)had defendant should take an oath.

Narrated Abdullah ibn Abbas:

The Prophet (ﷺ) said to a man whom he asked to take an oath: Swear by Allah except whom there is no god that you have nothing belonging to him, i.e. the plaintiff.

Al-Ash’ath b. Qais said:

A Jew and I shared some land and he denied my right, so I took him to the prophet (ﷺ). The prophet (ﷺ) said to me: Have you have proof. I said: No. He then said to the Jew: Swear an oath I said Messenger of Allah,he will swear an oath and go off my property. So Allah sent down: “Those who barter for a small price Allah’s covenant and their oaths...." to the end of the verse.

Al-Ash’ath b. Qais said:

A men from Kindah and a men from Hadramawt came to the Prophet(ﷺ)with their dispute about a land in the Yemen. The Hadrami said: Messenger of Allah, the this (man)had usurped land belonging to me, and it is his possession. He asked: Have you any proof ?He replied:No, but I can have him swear on oath. Allah knows that it is my land, and father seized it from me. The Kindi was prepared to take oath. He then narrated the rest of the tradition.

‘Alqamah b. Wa’il b. Hujr al-Hadrami said on the authority of the father:

A man from Hadramaw and a man from kindah came to the Messenger of Allah (ﷺ). The hadrami said: Messenger of Allah, this (man) has seized land which belonged to my father. Al-Kindi said: That is my land in my possession and I cultivate it; he has no right to it. The Holy prophet (may be peace upon him) said to the Hadrami: Have you any proof? We said : No. he (the Prophet)said: Then he will swear an oath for you . He said: Messenger of Allah, he is a reprobate and he would not care to swear to anything and stick at nothing. He said: That is only your recourse

Abu Hurairah said:

The holy Prophet (ﷺ) said to the Jew : I adjure you by Allah Who sent down the Torah to Moses ! do you not find in the Torah(a rule about a man) who commits adultery. He then narrated the rest of the tradition relating to the stoning.

The tradition mentioned above has also been transmitted by al-Zuhri through a different chain of narrator. This version has:

A man from Muzainah who followed the knowledge and memorized it to me that sa’id b.al-Musayyab transmitted it. He then mentioned the rest of the tradition to the same effect.

Narrated Ikrimah:

The Prophet (ﷺ) said to Ibn Suriya': I remind you by Allah Who saved you from the people of Pharaoh, made you cover the sea, gave you the shade of clouds, sent down to you manna and quails, sent down you Torah to Moses, do you find stoning (for adultery) in your Book? He said: You have reminded me by the Great. It is not possible for me to belie you. He then transmitted the rest of the tradition.

Narrated Awf ibn Malik:

The Prophet (ﷺ) gave a decision between two men, and the one against whom the decision was given turned away and said: For me Allah sufficeth, and He is the best dispenser of affairs. The Prophet (ﷺ) said: Allah, Most High, blames for falling short, but apply intelligence, and when the matter gets the better of you, say; For me Allah sufficeth, and He is the best disposer of affairs.

Narrated Ash-Sharid:

The Prophet (ﷺ) said: Delay in payment on the part of one who possesses means makes it lawful to dishonour and punish him. Ibn al-Mubarak said that "dishonour" means that he may be spoken to roughly and "punish" means he may be imprisoned for it.

Narrated Grandfather of Hirmas ibn Habib:

I brought my debtor to the Prophet (ﷺ). He said to me: Stick to him. He again said to me: O brother of Banu Tamim, what do you want to do with your prisoner.

Bahz bin Hakim, on his father's authority, said that his grandfather told that the Prophet (ﷺ) imprisoned a man on suspicion.