What is the ruling on invoking a curse (mubahalah) in worldly matters?
Machine translationRead the Arabic original
The questioner : It is well known that the hadith of the delegation from Najran, when they came to the Messenger of Allah (peace and blessings be upon him), and when Allah the Exalted and Sublime revealed , He invited them to mubahalah, but they refused. It is known to us that mubahalah is only for matters of creed. However, some Muslims say: This ruling can be extended to a worldly matter between me and my Muslim brother. For example, if my Muslim brother owes me money and he denies it, is it permissible to extend this ruling, i.e., mubahalah, to a worldly matter between me and my Muslim brother regarding worldly rights?
The Shaykh : This is a question that is asked about its like.Abu Layla : ButAbu Layla : Now, what is the meaning... .
Abu Layla : I am with you, my Shaykh. Shall I repeat it?
The Shaykh : This question, do not bring it up with your hand to repeat it, if Allah wills. Allah will make me err and correct you. Yes, please go ahead.
Abu Layla : The brother mentioned that the Prophet (peace and blessings be upon him), when the people of Najran came, yes. And he asked them for mubahalah. So here he says, is it permissible for a brother, for a worldly issue, to engage in mubahalah... In short, my Shaykh.
The Shaykh : In short, and I will tell you frankly, as we have taught some of our brothers to say, "I am saying what I am saying, my brother, I erred." So I am saying about myself, I erred. Even if you had been concise in the answer and were correct, the cause of my error is you. Do you know why?
Abu Layla : ... .
The Shaykh : This answer is not concise. The reason is that you always advise our brothers to submit new questions that are not repetitive. This question is being raised for the first time. You should have been overjoyed and said, "Help, O Master Ahmad." But I did not see you move. I said, "May Allah reward you." The answer to this question is that it is not permissible to extend this incident or this legal ruling to material matters for two reasons. First, because the story occurred in matters of creed, as they say today. Second, because Islam established a system and a rule for material matters, saying:Jami` at-Tirmidhi 1341Sahih (Darussalam) Thus, this material issue is resolved by this legal rule, so there is no longer a place for resorting to mubahalah, which Allah prescribed.
If they dispute with you, say: Come, let us call our sons
فإن حاجّوك فقل تعالوا ندعو أبناءناThe Shaykh : This is a question that is asked about its like.Abu Layla : ButAbu Layla : Now, what is the meaning... .
Abu Layla : I am with you, my Shaykh. Shall I repeat it?
The Shaykh : This question, do not bring it up with your hand to repeat it, if Allah wills. Allah will make me err and correct you. Yes, please go ahead.
Abu Layla : The brother mentioned that the Prophet (peace and blessings be upon him), when the people of Najran came, yes. And he asked them for mubahalah. So here he says, is it permissible for a brother, for a worldly issue, to engage in mubahalah... In short, my Shaykh.
The Shaykh : In short, and I will tell you frankly, as we have taught some of our brothers to say, "I am saying what I am saying, my brother, I erred." So I am saying about myself, I erred. Even if you had been concise in the answer and were correct, the cause of my error is you. Do you know why?
Abu Layla : ... .
The Shaykh : This answer is not concise. The reason is that you always advise our brothers to submit new questions that are not repetitive. This question is being raised for the first time. You should have been overjoyed and said, "Help, O Master Ahmad." But I did not see you move. I said, "May Allah reward you." The answer to this question is that it is not permissible to extend this incident or this legal ruling to material matters for two reasons. First, because the story occurred in matters of creed, as they say today. Second, because Islam established a system and a rule for material matters, saying:
The proof is due from the claimant, and the oath is due from the one the claim is made against.
البينة على المدعي و اليمين على المنكر
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.