CASE FILES · 31 – SOME ACCIDENT (JUDICIAL) DECISIONS
Abu Hurayra, may Allah be pleased with him, narrated that the Messenger of Allah, peace and blessings be upon him, said: “When you disagree about the width of a road, make it seven cubits wide.”
Abū Hurayrah, may Allah be pleased with him, narrated that the Messenger of Allah, peace and blessings be upon him, said: "If one of you asks permission to put a branch (or pole) into his brother’s wall, let him not forbid him.” The narrator says: Those who heard this hadith from Abū Hurayrah inclined their necks [in disapproval]. Abū Hurayrah then said to them: What has become of me, that I see you turning away from this news [and refusing permission for a pole to be placed in your walls]? I would break it between your two shovels.
Abū Dāwūd said: This is the hadith of Ibn Abī Ḥālif. He said: It is more complete.
It is narrated from Abu Sirma, may Allah be pleased with him, a companion of the Messenger of Allah, peace and blessings be upon him, that the Messenger of Allah, peace and blessings be upon him, said: “Whoever causes harm to a Muslim, Allah will cause harm to him. Whoever troubles a believer, Allah will trouble him.”
Samura ibn Jundub (may Allah be pleased with him) narrated:
There was a date palm tree, without branches, in the garden of an Ansari man. His wife was with him. Samura would enter the garden for dates, and the owner of the garden would be grieved by this, and it caused him distress. He asked Samura to sell them (the dates). Samura refused to sell. He said, "Let us exchange them for dates from elsewhere." Samura refused that as well. The owner of the garden came to the Messenger of Allah and informed him of the matter. The Messenger of Allah (peace and blessings be upon him) ordered him to sell them. Again, Samura refused. He was then ordered to exchange them for dates from another place. He refused that too, and they offered to grant him (the dates) as a gift to this man, with the promise of reward. Still, he refused to sell. Thereupon, the Messenger of Allah (peace and blessings be upon him) said to Samura, “You are one who causes harm.” The Messenger of Allah (peace and blessings be upon him) then ordered the Ansari, "Go and uproot his date palm tree."
Urvah (may Allah be pleased with him) reported from Abdullah ibn Zubayr.
A man from the Ansar sued Zubayr concerning a watercourse in Harra. The man from the Ansar said to Zubayr, "Release the water." But Zubayr refused to release it. The Messenger of Allah (peace and blessings be upon him) commanded Zubayr, “Water your crop, then send the water to your neighbor.”
The man from the Ansar became angry and said, “O Messenger of Allah, did you judge in this way because of my kinship with you?”
Thereupon the countenance of the Messenger of Allah (peace and blessings be upon him) changed, and then he said:
“(O Zubayr), water your crop, then let the water flow until it reaches the foot of the trees (walls)." Zubayr said, "I swear by Allah, I think this verse was revealed concerning this event: 'They will never truly believe until they accept you as a judge in their disputes and feel satisfaction in your verdict.'" (Surah An-Nisa, 65) [346]
Sa’lebe ibn Abu Malik, may Allah be pleased with him, narrated: I heard one of the distinguished companions say that a man from the Quraysh had a share in the land of the Banu Qurayza (Jews), concerning the Mahzur stream which flowed through their territory. The Messenger of Allah, peace and blessings be upon him, was complained to about it. So the Messenger of Allah, peace and blessings be upon him, judged among them, saying: “The one whose field is higher must allow the water to rise to the ankles in the field of the one who is lower; then the one whose field is higher cannot withhold the water from the one who is lower.”
Amr ibn Shu'aib, may Allah be pleased with him, narrated from his grandfather: The Messenger of Allah, peace and blessings be upon him, judged regarding the water flowing through Wadi al-Mahzar of Banu Qurayza – that the one whose field is higher should raise the water to his ankles before releasing it for the one whose field is lower.
It is narrated on the authority of Abu Sa’id al-Hudri (may Allah be pleased with him) that:
Two men came to the Messenger of Allah (peace and blessings of Allah be upon him) regarding the boundary of a date palm tree. The narrator, one of those who transmitted it from Abu Tawal and Amr bin Yahya, said that the Messenger of Allah (peace and blessings of Allah be upon him) ordered that it be measured. It was found to be seven fingers long. Another narrator mentioned that it was five fingers long. Then the Messenger of Allah (peace and blessings of Allah be upon him) gave judgement regarding the boundary of that tree accordingly. Abdul-Aziz narrated: “He commanded that it be measured with one of its branches.”
“Whoever undertakes the role of judge is like being beheaded without a sword.” [314]
3572 – On the authority of Abu Hurayra (may Allah be pleased with him), it is narrated that the Messenger of Allah (peace and blessings upon him) said: “Whoever is appointed as a judge among people is like being beheaded without a sword.” [315]
“There are three kinds of judges: One in Paradise, and two in Hell. 1 – The judge in Paradise is one who knows the truth and rules according to it. 2 – The judge who knows the truth but acts unjustly in his judgment is in Hell. 3 – And he who rules among people with ignorance is also in Hell.” [316]
“When a judge makes a ruling based on ijtihad (independent reasoning) and is correct, he receives two rewards. If a judge makes a ruling based on ijtihad and is mistaken, he receives one reward.” The narrator Yazid said: I conveyed this to Abu Bakr bin Hazm. He said that Abu Salama narrated it to me from Abu Hurayra. [317]
“Whoever seeks the role of judging and asks for assistance (from intermediaries) to become a judge, his judgment is abandoned to him. And whoever is appointed as a judge without seeking it and without an intermediary, Allah sends down an angel to guide him to the truth.” [318]
“We do not appoint anyone to a position who does not desire it or cannot be appointed.” [319]
The Messenger of Allah (peace and blessings upon him) cursed the taker and the giver of bribery. [320]
“From that day until now, this advice has been followed: ‘I continue in judging,’ or ‘I have never hesitated to judge.’” [321]
The Messenger of Allah (peace and blessings upon him) said: “I am only a human being. You bring your disputes to me. It is possible that one of you may present his evidence better than the other, so I will rule based on what I hear from them. Whoever I rule for against his brother, let him not take anything from him, because I have cut off a piece of Hellfire for him.” [322]
The Messenger of Allah (peace and blessings upon him) said: “A judge should not pass judgment when he is angry.” [323]
3591 – It is narrated on the authority of Ibn Abbas (may Allah be pleased with them) that he said: "When the verse ‘If you are ever in dispute, refer it to arbitrators’ descended, the Banu Nadir and the Qurayza tribe killed one another. The Banu Nadir would pay half a diyah (blood money), while the Qurayza would pay the full diyah. So the Messenger of Allah (peace and blessings upon him) made their obligations equal." [324]
“What will you do if you don’t find it in the Book of Allah?” Mu'adh said, "I will rule according to the Sunnah of the Messenger of Allah (peace and blessings upon him)." The Messenger of Allah (peace and blessings upon him) asked, “And what will you do if you don’t find it in the Sunnah of the Messenger of Allah (peace and blessings upon him)?” Mu'adh said, "I will give my opinion based on ijtihad. And I will rule.”
“Do not retract from giving,” he said. Then the Messenger of Allah, peace and blessings be upon him, struck Mu’adh’s chest and said, "May Allah praise Him who has made agreeable to me what agrees with the approval of the Messenger of Allah." [325]
Ka'b said, “I am forgiven, O Messenger of Allah.” Then the Messenger of Allah, peace and blessings be upon him, commanded Ibn-i Hadra, “Arise and pay your remaining debt.” [326]
The Messenger of Allah, peace and blessings be upon him, performed the Fajr prayer. When he rose from the prayer, he stood up and said three times, "False testimony has been equated to associating partners with Allah." Then he recited, "Beware of disbelief, filth, and false witness, and believe in Allah alone, truthfully.” (Surah Al-Hajj, 30) [327]
“Do you know? A woman made a statement, so leave her husband.” [328]
A man from the tribe of Sahm set out on a journey with Temim ad-Dari and Adiy bin Bedda. This man from the tribe of Sahm died in a land where Muslims were not found. They brought back his belongings, Temim ad-Dari and Adiy bin Bedda. But it was discovered that there was no silver cup gilded with gold among them. The Messenger of Allah, peace and blessings be upon him, made both of them swear. Then the cup was found in Mecca. The owners of the cup said, "We took this cup from Temim ad-Dari and Adiy bin Bedda." Then two men from the family of the deceased man from the tribe of Sahm stood up (as Muslims) and said, “Our testimony is more truthful than the testimony of Temim and Adiy. And this cup belongs to our friend.” Then the verse, "O you who believe, let two witnesses among you testify…" was revealed concerning them. (Surah Al-Ma’idah, 106) [329]
The Messenger of Allah, peace and blessings be upon him, stood up as soon as he heard the voice of a Bedouin and said, "Did I not buy this horse from you?" The Bedouin said, “No, by God, I did not sell it to you.” Then the Messenger of Allah, peace and blessings be upon him, said, “Yes, I bought this horse from you.” The Bedouin began to ask for witnesses. Then Huzayma bin Sabit said (to the Bedouin), "I bear witness that you sold this animal to the Messenger of Allah." Then the Messenger of Allah, peace and blessings be upon him, turned to Huzayma and said, “On what do you base your testimony?” Huzayma said, “O Messenger of Allah, I testify with Allah confirming you.” On this occasion, the Messenger of Allah, peace and blessings be upon him, equated Huzayma’s testimony with the testimony of two witnesses. [330]
“The Messenger of Allah, peace and blessings be upon him, judged based on an oath along with a witness.” [331]
The Messenger of Allah, peace and blessings be upon him: “He judged based on an oath along with a witness.” [332]
The Messenger of Allah, peace and blessings be upon him, made the animal jointly theirs. [333]
3616 – From Abu Huraira, may Allah be pleased with him: Two men disputed before the Messenger of Allah, peace and blessings be upon him, about an object belonging to them, and neither of these two had any proof. The Messenger of Allah, peace and blessings be upon him, said, “Draw lots between you as to who will swear.” They would draw lots whether they liked it or disliked it. [334]
The narrator, Salama, said: Ahmad bin Hanbal narrated to us, that he said: This drawing of lots is done when both parties are compelled to swear. [335]
3618 – From Sa’id bin Abu Arubah, may Allah be pleased with him: The hadith whose chain of narration is through Muhammad ibn Minhal was related in a similar manner. Two men came to the Messenger of Allah, peace and blessings be upon him, about an animal, and both of them had no proof that the animal belonged to them. Then the Messenger of Allah, peace and blessings be upon him, ordered them to draw lots as to who would swear first. [336]
“The Messenger of Allah, peace and blessings be upon him, judged that the oath should be given to the one claiming it.” [337]
I had a piece of land in common with a Jew. The Jew denied my share. I seized him. I brought him to the Messenger of Allah, peace and blessings be upon him. The Messenger of Allah, peace and blessings be upon him, said to me, “Do you have any proof?” I said, "No." Then he ordered the Jew, “Swear.” I said, “O Messenger of Allah, this man is a transgressor. An oath is not important for him; he does not refrain from anything.” Then the verse, “Those who sell their oaths and promises for a paltry price…” was revealed to the end. (Surah Al-Imran, 77) [338]
Two men came to the Messenger of Allah, peace and blessings be upon him, one from Hadramevt and one from Kindi. The man from Hadramevt said: O Messenger of Allah, this land that my father left me has been unjustly seized by this person from me. And the man from Kindi said: This land is mine; I am still cultivating it. He has no right in it. Then the Messenger of Allah, peace and blessings be upon him, asked the man from Hadramevt, “Do you have any proof?” He said, "No, I have no proof." The Messenger of Allah, peace and blessings be upon him, then said to the man from Kindi: “You must swear.” The man from Hadramevt said: O Messenger of Allah, this person is a transgressor. An oath is not important for him; he does not refrain from anything. Then the Messenger of Allah, peace and blessings be upon him, said to the man from Kindi: "You have nothing other than what you ask for from him." [339]
3629 – From Hirmas bin Habib, may Allah be pleased with him, from the people of al-Badiyah, who narrated from his father, who narrated from his grandfather, that he said: I brought a debtor of mine to the Messenger of Allah, peace and blessings be upon him. The Messenger of Allah, peace and blessings be upon him, said to me, “Seize him and do not release him,” then he said to me: "O
3630 – Behz bin Hakim’s father narrated from his grandfather, who said:
The Messenger of Allah ﷺ detained a person on account of an accusation. [341]
He asked, "Why were my neighbors detained?" Then, when he did not receive an answer, he spoke further words. Thereupon the Prophet ﷺ said, “Release your neighbors.” [342]
“When you disagree about the road (way), make it seven paces wide.” [343]
“If a believer brother asks permission to insert a branch into another’s wall, do not forbid him.” The narrator says: Those who heard this hadith from Abu Hurayra showed displeasure and lowered their necks. Abu Hurayra said to them, “What has become of you that you turn away from my relating this news to you? If you dislike the insertion of the pole into your walls, I will place it between your two shovels.” [344]
3635 – It is narrated on the authority of Abu Sirma, a companion of the Messenger of Allah ﷺ, that the Prophet ﷺ said: “Whoever harms a believer, Allah will harm him. Whoever causes hardship to a believer, Allah will cause hardship for him.” [345]
“(O Zubeir) water your crops, then let the water flow until it reaches the base of the trees (walls).” Zubeir said, "I swear by Allah that this verse was revealed concerning this hadith, I think." “Nay! By your Lord! They will not truly believe until they make you a judge in their disputes and until they accept your judgment with full conviction without any resentment.” (An-Nisa 4:65) [346]
3639 – Amr bin Shu’ayb narrated from his grandfather, who said: The Messenger of Allah ﷺ judged regarding the water flowing from Wadi al-Mahzar of Banu Quraiza that the one whose field was higher should let it flow until it reached the ankles of the one whose field was lower. [347]
