Partial Translation
of Sunan Abu-Dawud:
The Office of the Judge (Kitab Al-Aqdiyah)
Book 24, Number 3564:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: He who has been
appointed a judge has been killed without a knife.
Book 24, Number 3565:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: He who has been
appointed a judge among the people has been killed
without a knife.
Book 24, Number 3566:
Narrated Buraydah ibn al-Hasib:
The Prophet (peace_be_upon_him) said: Judges are of
three types, one of whom will go to Paradise and two to
Hell. The one who will go to Paradise is a man who knows
what is right and gives judgment accordingly; but a man
who knows what is right and acts tyrannically in his
judgment will go to Hell; and a man who gives judgment
for people when he is ignorant will go to Hell.
Book 24, Number 3568:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: If anyone seeks
the office of judge among Muslims till he gets it and
his justice prevails over his tyranny, he will go to
Paradise; but the man whose tyranny prevails over his
justice will go to Hell.
Book 24, Number 3570:
Narrated AbuMas'ud al-Ansari:
AbdurRahman ibn Bishr al-Ansari al-Azraq said: Two
men from the locality of Kindah came while AbuMas'ud
al-Ansari was sitting n a circle. They said: Is there
any man who decides between us. A man from the circle
said: I, AbuMas'ud took a handful of pebbles and threw
at him, saying: Hush! It is disapproved to make haste in
decision.
Book 24, Number 3571:
Narrated Anas ibn Malik:
The Prophet (peace_be_upon_him) said: If anyone
desires the office of Judge and seeks help for it, he
will be left to his own devices; if anyone does not
desire it, nor does he seek help for it, Allah will send
down an angel who will direct him aright.
Book 24, Number 3573:
Narrated Abdullah ibn Amr ibn al-'As:
The Apostle of Allah (peace_be_upon_him) cursed the
one who bribes and the one who takes bribe.
Book 24, Number 3574:
Narrated Adi ibn Umayrah al-Kindi:
The Prophet (peace_be_upon_him) said: O people, if
any of you is put in an administrative post on our
behalf and conceals from us a needle or more, he is
acting unfaithfully, and will bring it on the Day of
Resurrection. A black man from the Ansar, as if I am
seeing him, stood and said: Apostle of Allah, take back
from me my post. He asked: What is that? He replied: I
heard you say such and such. He said: And I say that. If
we appoint anyone to an office, he must bring what is
connected with it, both little and much. What he is
given, he may take, and he must refrain from what is
kept away from him.
Book 24, Number 3575:
Narrated Ali ibn AbuTalib:
The Apostle of Allah (peace_be_upon_him) sent me to
the Yemen as judge, and I asked: Apostle of Allah, are
you sending me when I am young and have no knowledge of
the duties of a judge? He replied: Allah will guide your
heart and keep your tongue true. When two litigants sit
in front of you, do not decide till you hear what the
other has to say as you heard what the first had to say;
for it is best that you should have a clear idea of the
best decision. He said: I had been a judge (for long);
or he said (the narrator is doubtful): I have no doubts
about a decision afterwards.
Book 24, Number 3579:
Narrated Umar ibn al-Khattab:
Umar said while he was (sitting) on the pulpit: O
people, the opinion from the Apostle of Allah
(peace_be_upon_him) was right, because Allah showed
(i.e. inspired) him; but from us it is sheer conjecture
and artifice.
Book 24, Number 3581:
Narrated Abdullah ibn az-Zubayr:
The Apostle of Allah (peace_be_upon_him) gave the
decision that the two adversaries should be made to sit
in front of the judge.
Book 24, Number 3584:
Narrated Abdullah ibn Abbas:
When this verse was revealed: "If they do come to
thee, either judge between them, or decline to
interfere....If thou judge, judge in equity between
them." Banu an-Nadir used to pay half blood-money if
they killed any-one from Banu Qurayzah. When Banu
Qurayzah killed anyone from Banu an-Nadir, they would
pay full blood-money. So the Apostle of Allah
(peace_be_upon_him) made it equal between them.
Book 24, Number 3585:
Narrated Mu'adh ibn Jabal:
Some companions of Mu'adh ibn Jabal said: When the
Apostle of Allah (peace_be_upon_him) intended to send
Mu'adh ibn Jabal to the Yemen, he asked: How will you
judge when the occasion of deciding a case arises?
He replied: I shall judge in accordance with Allah's
Book. He asked: (What will you do) if you do not find
any guidance in Allah's Book? He replied: (I shall act)
in accordance with the Sunnah of the Apostle of Allah
(peace_be_upon_him).
He asked: (What will you do) if you do not find any
guidance in the Sunnah of the Apostle of Allah
(peace_be_upon_him) and in Allah's Book?
He replied: I shall do my best to form an opinion and
I shall spare no effort.
The Apostle of Allah (peace_be_upon_him) then patted
him on the breast and said: Praise be to Allah Who has
helped the messenger of the Apostle of Allah to find
something which pleases the Apostle of Allah.
Book 24, Number 3587:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: Conciliation
between Muslims is permissible. The narrator Ahmad added
in his version: "except the conciliation which makes
lawful unlawful and unlawful lawful." Sulayman ibn Dawud
added: The Apostle of Allah (peace_be_upon_him) said:
Muslims are on (i.e. stick to) their conditions.
Book 24, Number 3590:
Narrated Abdullah ibn Umar:
Yahya ibn Rashid said: We were sitting waiting for
Abdullah ibn Umar who came out to us and sat. He then
said: I heard the Apostle of Allah (peace_be_upon_him)
as saying: If anyone's intercession intervenes as an
obstacle to one of the punishments prescribed by Allah,
he has opposed Allah; if anyone disputes knowingly about
something which is false, he remains in the displeasure
of Allah till he desists, and if anyone makes an
untruthful accusation against a Muslim, he will be made
by Allah to dwell in the corrupt fluid flowing from the
inhabitants of Hell till he retracts his statement.
Book 24, Number 3592:
Narrated Khuraym Ibn Fatik:
The Apostle of Allah (peace_be_upon_him) offered the
morning prayer. When he finished it, he stood up and
said three times: False witness has been made equivalent
to attributing a partner to Allah. He then recited: "So
avoid the abomination of idols and avoid speaking
falsehood as people pure of faith to Allah, not
associating anything with Him.
Book 24, Number 3593:
Narrated Abdullah ibn Amr ibn al-'As:
The Apostle of Allah (peace_be_upon_him) rejected the
testimony of a deceitful man and woman, of one who
harbours rancour against his brother, and he rejected
the testimony of one who is dependent on a family, and
he allowed his testimony for other.
Book 24, Number 3594:
Narrated Sulayman ibn Musa:
The tradition mentioned above (No. 3593) has also
been transmitted by Sulayman ibn Musa through a
different chain of narrators.
This version has: The Apostle of Allah
(peace_be_upon_him) said: The testimony of a deceitful
man or woman, of an adulterer and adulteress, and of one
who harbours rancour against his brother is not
allowable.
Book 24, Number 3595:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: The testimony
of a nomad Arab against a townsman is not allowable.
Book 24, Number 3597:
Narrated Abdullah ibn Amr ibn al-'As:
The Apostle of Allah (peace_be_upon_him) said: The
proviso of a loan combined with a sale is not allowable,
nor two conditions relating to one transaction, nor the
profit arising from something which is not in one's
charge, nor selling what is not in your possession.
Book 24, Number 3598:
Narrated AbuMusa al-Ash'ari:
Ash-Sha'bi said: A Muslim was about to die at
Daquqa', but he did not find any Muslim to call him for
witness to his will. So he called two men of the people
of the Book for witness. Then they came to Kufah, and
approaching AbuMusa al-Ash'ari they informed him (about
his) will. They brought his inheritance and will.
Al-Ash'ari said: This is an incident (like) which
happened in the time of the Apostle of Allah
(peace_be_upon_him) and never occurred after him. So he
made them to swear by Allah after the afternoon prayer
to the effect that they had not misappropriated, nor
told a lie, nor changed, nor concealed, nor altered, and
that it was the will of the man and his inheritance. He
then executed their witness.
Book 24, Number 3599:
Narrated Abdullah Ibn Abbas:
A man from Banu Sahm went out with Tamim ad-Dari and
Adi ibn Badda'. The man of Banu Sahm died in the land
where no Muslim was present. When they returned with his
inheritance, they (the heirs) did not find a silver cup
with lines of gold (in his property). The Apostle of
Allah (peace_be_upon_him) administered on oath to them.
The cup was then found (with someone) at Mecca. They
said: We have bought it from Tamim and Adi.
Then two men from the heirs of the man of Banu Sahm
got up and swore saying: Our witness is more reliable
than their witness. They said that the cup belonged to
their man.
He (Ibn Abbas) said: The following verse was revealed
about them: "O ye who believe! when death approaches any
of you....."
Book 24, Number 3600:
Narrated Uncle of Umarah ibn Khuzaymah:
The Prophet (peace_be_upon_him) bought a horse from a
Bedouin. The Prophet (peace_be_upon_him) took him with
him to pay him the price of his horse. The Apostle of
Allah (peace_be_upon_him) walked quickly and the Bedouin
walked slowly. The people stopped the Bedouin and began
to bargain with him for the horse as and they did not
know that the Prophet (peace_be_upon_him) had bought it.
The Bedouin called the Apostle of Allah
(peace_be_upon_him) saying: If you want this horse,
(then buy it), otherwise I shall sell it. The Prophet
(peace_be_upon_him) stopped when he heard the call of
the Bedouin, and said: Have I not bought it from you?
The Bedouin said: I swear by Allah, I have not sold it
to you. The Prophet (peace_be_upon_him) said: Yes, I
have bought it from you. The Bedouin began to say: Bring
a witness. Khuzaymah ibn Thabit then said: I bear
witness that you have bought it. The Prophet
(peace_be_upon_him) turned to Khuzaymah and said: On
what (grounds) do you bear witness?
He said: By considering you trustworthy, Apostle of
Allah (peace_be_upon_him)! The Prophet
(peace_be_upon_him) made the witness of Khuzaymah
equivalent to the witness of two people.
Book 24, Number 3603:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) gave a decision on
the basis of an oath and a single witness.
Book 24, Number 3605:
Narrated Zubayb ibn Tha'labah al-Anbari:
The Apostle of Allah (peace_be_upon_him) sent an army
to Banu al-Anbar. They captured them at Rukbah in the
suburbs of at-Ta'if and drove them to the Holy Prophet
(peace_be_upon_him).
I rode hurriedly to the Holy Prophet
(peace_be_upon_him) and said: Peace be on you, Apostle
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 Holy Prophet
(peace_be_upon_him) 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 Holy Prophet (peace_be_upon_him) 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 Holy Prophet (peace_be_upon_him) 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 Holy Prophet
(peace_be_upon_him) 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 Holy Prophet (peace_be_upon_him) 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 of Allah (peace_be_upon_him), I no
longer have it.
He said: The Holy Prophet (peace_be_upon_him) 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.
Book 24, Number 3606:
Narrated AbuMusa al-Ash'ari:
Two men claimed a camel or an animal and brought the
case to the Holy Prophet (peace_be_upon_him). But as
neither of them produced any proof, the Holy Prophet
(peace_be_upon_him) declared that they should share it
equally.
Book 24, Number 3609:
Narrated AbuHurayrah:
Two men disputed about some property and brought the
case to the Holy Prophet (peace_be_upon_him), but
neither of them could produce any proof. So the Holy
Prophet (peace_be_upon_him) said: Cast lots about the
oath whatever it may be, whether they like it or dislike
it.
Book 24, Number 3613:
Narrated Abdullah ibn Abbas:
The Holy Prophet (peace_be_upon_him) 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.
Book 24, Number 3619:
Narrated Ikrimah:
The Holy Prophet (peace_be_upon_him) 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.
Book 24, Number 3620:
Narrated Awf ibn Malik:
The Holy Prophet (peace_be_upon_him) 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 Holy
Prophet (peace_be_upon_him) 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.
Book 24, Number 3621:
Narrated Ash-Sharid:
The Prophet (peace_be_upon_him) 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.
Book 24, Number 3622:
Narrated Grandfather of Hirmas ibn Habib:
I brought my debtor to the Holy Prophet
(peace_be_upon_him). 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.
Book 24, Number 3623:
Narrated Mu'awiyah al-Qushayri:
The Prophet (peace_be_upon_him) imprisoned a man on
suspicion.
Book 24, Number 3624:
Narrated Mu'awiyah al-Qushayri:
Bahz ibn Hakim reported from his grandfather: (Ibn
Qudamah's version has: His grandfather's brother or
uncle reported:) - the narrator Mu'ammal said: - He (his
grandfather Mu'awiyah) got up before the Holy Prophet
(peace_be_upon_him) who was giving sermon: and he said:
Why have your companions arrested my neighbours? He
turned away from him twice. He (his grandfather
Mu'awiyah) then mentioned something. The Holy Prophet
(peace_be_upon_him) then said: Let his neighbours go.
(Mu'ammal did not mention the words "He was giving
sermon.")
Book 24, Number 3625:
Narrated Jabir ibn Abdullah:
I intended to go (on expedition) to Khaybar. So I
came to the Holy Prophet (peace_be_upon_him), greeted
him and said: I am intending to go to Khaybar. He said:
When you come to my agent, you should take from him
fifteen wasqs (of dates). If he asks you for a sign,
then place your hand on his collar-bone.
Book 24, Number 3626:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: If you dispute
over a pathway, leave the margin of seven yards.
Book 24, Number 3628:
Narrated AbuSirmah:
The Prophet (peace_be_upon_him) said: If anyone harms
(others), Allah will harm him, and if anyone shows
hostility to others, Allah will show hostility to him.
Book 24, Number 3629:
Narrated Samurah ibn Jundub:
Samurah had a row of palm-trees in the garden of a
man of the Ansar. The man had his family with him.
Samurah used to visit his palm-trees, and the man was
annoyed by that and felt it keenly. So he asked him
(Samurah) to sell them to him, but he refused. He then
asked him to take something else in exchange, but he
refused.
So he came to the Holy Prophet (peace_be_upon_him)
and mentioned it to him. The Holy Prophet
(peace_be_upon_him) asked him to sell it to him, but he
refused. He asked him to take something else in
exchange, but he refused.
He then said: Give it to him and you can have such
and such, mentioning something with which he tried to
please him, but he refused. He then said: You are a
nuisance. The Apostle of Allah (peace_be_upon_him) then
said to the Ansari: Go and uproot his palm-trees.
Book 24, Number 3630:
Narrated Abdullah ibn az-Zubayr:
A man disputed with az-Zubayr about streamlets in the
lava plain which was irrigated by them. The Ansari said:
Release the water and let it run, but az-Zubayr refused.
The Holy Prophet (peace_be_upon_him) said to az-Zubayr:
Water (your ground), Zubayr, then let the water run to
your neighbour. The Ansari then became angry and said:
Apostle of Allah! it is because he is your cousin!
Thereupon the face of the Apostle of Allah (peace_be_upon_him)
changed colour and he said: Water (your ground), then
keep back the water till it returns to the embankment.
Az-Zubayr said: By Allah! I think this verse came down
about that: "But no , by thy Lord! they can have no
(real) faith, until they make thee judge....."
Book 24, Number 3631:
Narrated Tha'labah ibn AbuMalik:
Tha'labah heard his elders say that a man from the
Quraysh had his share with Banu Qurayzah (in water). He
brought the dispute to the Apostle of Allah (peace_be_upon_him)
about al-Mahzur, a stream whose water they shared
together. The Apostle of Allah (peace_be_upon_him) then
decided that when water reached the ankles waters should
not be held back to flow to the lower.
Book 24, Number 3632:
Narrated Abdullah ibn Amr ibn al-'As:
The Apostle of Allah (peace_be_upon_him) decided
regarding the stream al-Mahzur that its water should be
held back till it reached the ankles, and that the upper
waters should then be allowed to flow to the lower.
Book 24, Number 3633:
Narrated AbuSa'id al-Khudri:
Two men brought their dispute about the precincts of
a palm-tree to the Apostle of Allah (peace_be_upon_him).
According to a version of this tradition, he ordered to
measure and it was measured. It was found seven yards.
According to another version, it was found five yards.
He made a decision according to that. AbdulAziz said: He
ordered to measure with a branch of its branches. It was
then measured.
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