CASE SECTION · 21 – JUDGMENT WITH OATH AND WITNESS
It is narrated from Ibn Abbas, may Allah be pleased with him:
The Messenger of Allah, peace and blessings be upon him, judged based on an oath supported by a single witness.”
**Explanation:**
While two witnesses are required in matters where claims are made, the Prophet, peace and blessings be upon him, would have someone swear an oath with only one witness. He would accept the oath along with the witness, ruling in favor of the claimant who presented an oath and a witness.
Abu Hanifa, Awza'i, and the Malikis of Andalusia stated that in any judgment requiring two witnesses, an oath combined with a single witness is not sufficient. They cited the hadith "The one making a claim must bring proof, and the one denying bears the burden of oath" as evidence. However, most of the prominent companions, beginning with Abu Bakr, considered the combination of a claimant’s single witness with an oath to be equivalent to two witnesses. (‘Awn al-Mabud, vol. 3, p. 362)
It was related that in the preceding hadith, with the same meaning and chain of narration, it came from Amr ibn Dinār. Salama stated in this narration that Amr said this hadith is valid in legal disputes.
It is narrated from Abu Huraira, may Allah be pleased with him:
The Messenger of Allah, peace and blessings be upon him, judged based on an oath supported by a witness.
Sulayman ibn Bilal said: I met with Sulaymān ibn Abī Salih and questioned him about that hadith (mentioned previously). He said, “I do not know it.” I said to him, "Rabia informed me that she heard it from you." Sulaymān said, “If Rabia has related it to you from me, then let her recount what she narrated from me.”
Zubayb ibn (Sa’lebe) – may Allah be pleased with him – narrated:
The Messenger of Allah ﷺ sent an army to the Banu Anber.
They captured them at Rukba, a district of Taif. They wanted to bring them to the Messenger of Allah ﷺ, so I mounted my animal and arrived before them to the Messenger of Allah ﷺ. I said, “Peace be upon you, O Prophet of Allah, with blessings, mercy, and grace from Allah.” And I said, "Your soldiers have come to us and captured us." We had already cut the sides of our camels’ ears as a sign of our submission (to Islam)."
When they arrived, the Messenger of Allah ﷺ said to me, “Do you have any proof that you believed before this day when you were captured?” I replied, "Yes, I do.” He asked, “Who is your witness?" I mentioned Semura and another man from the Banu Anber, and I told the Prophet ﷺ the name of the other man. The man testified, but Semura did not testify. Then the Messenger of Allah ﷺ said to me:
“Semura hesitated to bear witness to your statement. Will you swear an oath along with your other witness?” I replied, “I will swear an oath.” He ordered me to swear an oath, and I swore by Allah that we became Muslim on such and such a day and cut the sides of our camels’ ears.
The Messenger of Allah ﷺ said, "Go, distribute half of your wealth among them (and) do not harm their women or children. If the wasted effort of the army did not displease Allah ﷻ, I would not withhold even a small rope from you.”
Zubayb said, “My mother called me and told me that this person had taken my rug.”
I returned to the Messenger of Allah ﷺ, informing him that my mother’s rug had been taken. The Messenger of Allah ﷺ ordered me, "Seize him." I went and grabbed hold of his garment and began waiting with him in the place where we were. While we stood, the Messenger of Allah ﷺ looked at us and said, “What do you want from your captive?” I released his garment from my grasp.
The Messenger of Allah ﷺ rose and ordered the man, "Return the rug that you took from his mother.” The man said, “O Messenger of Allah, the rug has left my possession (I sold it).” Then the Messenger of Allah ﷺ took the man’s sword and gave it to me. And he said, “Go to him and give him an additional measure of food (an Aghus)." Zubayb said, "That man gave me an extra Aghus of barley in addition to the sword."
EXPLANATION:
Hazram: Used here to mean cutting.
Zarari: Means descendants.
Ikal: Means a small rope or tie.
Zirbi: Means a mattress, rug, and carpet.
This honorable hadith is presented as evidence that if two witnesses are not available, one witness suffices, provided the claimant is made to swear an oath, in which case his claim will be accepted.