29. Judgements
٢٩۔ كِتَابُ الْقَضَاءِ
[Machine] The Prophet ﷺ said, "He settled the matter with an oath and a witness." Abu Abdur-Rahman said to us, "This is a good chain of narration, and Saif is trustworthy, and Qays is trustworthy." Yahya Ibn Sa'id al-Qattan said, "Saif is trustworthy." Muhammad Ibn Muslim al-Tayifi narrated this hadith from Amr Ibn Dinar, from Ibn Abbas, from the Prophet ﷺ , "He settled the matter with an oath and a witness." And Muhammad Ibn Muslim is not strong in that, and a weak person narrated it, so he said about Amr Ibn Dinar that Muhammad Ibn Ali transmitted it, and he is a Mursa, and the hadith is abandoned, and the weak narrators are not relied upon over the trustworthy ones.
أَنَّ النَّبِيَّ ﷺ «قَضَى بِالْيَمِينِ مَعَ الشَّاهِدِ» قَالَ لَنَا أَبُو عَبْدِ الرَّحْمَنِ هَذَا إِسْنَادٌ جَيِّدٌ وَسَيْفٌ ثِقَةٌ وَقَيْسٌ ثِقَةٌ وَقَالَ يَحْيَى بْنُ سَعِيدٍ الْقَطَّانُ سَيْفٌ ثِقَةٌ وَرَوَى هَذَا الْحَدِيثَ مُحَمَّدُ بْنُ مُسْلِمٍ الطَّائِفِيُّ عَنْ عَمْرِو بْنِ دِينَارٍ عَنِ ابْنِ عَبَّاسٍ عَنِ النَّبِيَّ ﷺ «قَضَى بِالْيَمِينِ مَعَ الشَّاهِدِ» وَمُحَمَّدُ بْنُ مُسْلِمٍ لَيْسَ بِذَلِكَ الْقَوِيِّ وَرَوَاهُ إِنْسَانٌ ضَعِيفٌ فَقَالَ عَنْ عَمْرِو بْنِ دِينَارٍ عَنْ مُحَمَّدِ بْنِ عَلِيٍّ مُرْسَلٌ وَهُوَ مَتْرُوكُ الْحَدِيثِ وَلَا يُحْكَمُ بِالضُّعَفَاءِ عَلَى الثِّقَاتِ
“Whoever finds lost property, let him ask one or two men of good character to witness it, then he should not alter it nor conceal it. If its owner comes along, then he has more right to it, otherwise it belongs to Allah (SWT), Who gives it to whomsoever He wills.” (Using translation from Ibn Mājah 2505)
أَنَّ النَّبِيَّ ﷺ قَالَ «مَنْ وَجَدَ لُقُطَةً فَلْيُشْهِدْ ذَا عَدْلٍ أَوْ ذَوِي عَدْلٍ ثُمَّ لَا يُغَيِّرْ وَلَا يَكْتُمْ فَإِنْ جَاءَ رَبُّهُمْ فَهُوَ أَحَقُّ بِهَا وَإِلَّا فَإِنَّمَا هُوَ مَالُ اللهِ يُؤْتِيهِ مَنْ يَشَاءُ»
The Prophet ﷺ gave a decision on the basis of an oath and a single witness. Abu Dawud said: Al-Rabi' bin Sulaiman al-Mu'adhdhin told me some additional words in this tradition: Al-Shafi'i told me from 'Abd al-'Aziz. I then mentioned it fo Suhail who said: Rabi'ah told me - and he is reliable in my opinion - that I told him this (tradition) and I do not remember it. 'Abd al-'Aziz said: Suhail suffered from some disease which caused him to lose a little of his intelligence, and he forgot some of his traditions. Thereafter Suhail would narrate traditions from Rabi'ah on the authority of his father. (Using translation from Abū Dāʾūd 3610)
أَنَّ النَّبِيَّ ﷺ «قَضَى بِالْيَمِينِ مَعَ الشَّاهِدِ»
[Machine] "He attended a dispute in the mosque of Kufa and ruled by taking an oath with one witness."
أَنَّهُ حَضَرَ شُرَيْحًا فِي مَسْجِدِ الْكُوفَةِ «قَضَى بِالْيَمِينِ مَعَ الشَّاهِدِ الْوَاحِدِ»
The Prophet ﷺ gave a decision on the basis of an oath and a single witness. Abu Dawud said: Al-Rabi' bin Sulaiman al-Mu'adhdhin told me some additional words in this tradition: Al-Shafi'i told me from 'Abd al-'Aziz. I then mentioned it fo Suhail who said: Rabi'ah told me - and he is reliable in my opinion - that I told him this (tradition) and I do not remember it. 'Abd al-'Aziz said: Suhail suffered from some disease which caused him to lose a little of his intelligence, and he forgot some of his traditions. Thereafter Suhail would narrate traditions from Rabi'ah on the authority of his father. (Using translation from Abū Dāʾūd 3610)
وَأَنَّ شُرَيْحًا قَضَى بِالْيَمِينِ مَعَ الشَّاهِدِ
The Prophet ﷺ gave a decision on the basis of an oath and a single witness. Abu Dawud said: Al-Rabi' bin Sulaiman al-Mu'adhdhin told me some additional words in this tradition: Al-Shafi'i told me from 'Abd al-'Aziz. I then mentioned it fo Suhail who said: Rabi'ah told me - and he is reliable in my opinion - that I told him this (tradition) and I do not remember it. 'Abd al-'Aziz said: Suhail suffered from some disease which caused him to lose a little of his intelligence, and he forgot some of his traditions. Thereafter Suhail would narrate traditions from Rabi'ah on the authority of his father. (Using translation from Abū Dāʾūd 3610)
أَنْ «يَقْضِيَ بِالْيَمِينِ مَعَ الشَّاهِدِ»