Explanation of some hadiths from the book al-Bulugh (the Book of Judgments).
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
The author (may Allah have mercy on him) mentioned in his book: "Bulugh al-Maram" hadiths concerning judgments, among which is the hadith of Umm Salama (may Allah be pleased with her), the wife of the Prophet (peace and blessings be upon him and his family), that the Prophet (peace and blessings be upon him) said: meaning you come to me in disputes for me to judge between you, (peace and blessings be upon him) Sunan Ibn Majah 2318Hasan (Darussalam) meaning more forceful in argument, dispute, eloquence, and clarity than the other because the Prophet (peace and blessings be upon him) does not know the unseen So in this hadith is evidence for benefits, among which are:
That the judge rules according to what appears to him; if he is correct, he has two rewards, and if he errs, he has one reward.
And in it is also evidence that the Prophet (peace and blessings be upon him) does not know the unseen, because the disputants come to him and he does not know who is right and who is wrong except according to what he hears.
And among them is that the judge does not rule based on his own knowledge, but only on what he hears. So if two men dispute before him, and one says, "I claim against this man one hundred riyals," and he has no proof, and the judge knows that he is claiming one hundred riyals from him, then it is not permissible for him to rule in his favor. Rather, he says to the claimant, "Do you have proof?" If he says yes, he brings it; otherwise, the defendant swears an oath and the case ends. But we say that if the judge knows the case, it is not permissible for him to rule contrary to what he knows. Rather, he refers them to another judge and he becomes a witness. The example, as you heard, is that Zayd claims against 'Amr one hundred riyals, and the judge knows that he is truthful, so 'Amr denies it and says, "I have nothing for him, absolutely not." Here we say to Zayd, "Bring proof." If he brings proof, he rules in his favor; otherwise, we make the defendant swear an oath and he is cleared. If the judge knows that Zayd is truthful in his claim and that he has one hundred riyals against 'Amr, then he does not rule that 'Amr is cleared, because he knows that he is not cleared. Rather, he says, "Go to another judge, and I will be a witness." So the two disputants go to another judge, and he becomes a witness.
And among them is that the judge's ruling does not change reality. The judge's ruling does not change reality. So if the judge rules in favor of a person regarding something based on what he heard and based on the proof, and the person who was ruled in his favor knows that he is wrong, then the judge's ruling does not make that thing lawful for him which he knows he is wrong about. He does not say what the common people say: "Leave it between you and the fire willingly". Willingness does not benefit if a person knows that he is not truthful. For this reason, he (peace and blessings be upon him) said: So do not think that a judge who rules in your favor regarding a matter you know you do not deserve gives you your right. Rather, it is obligatory for a person to speak the truth and to be as Allah commanded: [An-Nisa 4:135] even against yourself. If you have a right, you must testify against yourself with it. If your father has a right, you testify against him. If the father becomes angry and says, "How do you testify against me?" We say, whether he is angry or pleased, which is more worthy of consideration: the pleasure of Allah or the pleasure of the father?
The student: The pleasure of Allah.
The Shaykh : Huh? The pleasure of Allah, without doubt. And in reality, if I testify against my father regarding what is due from him, this is among the greatest dutifulness to him. This is dutifulness to him that I save him in this world before it is taken from his good deeds. For this reason, the Prophet (peace and blessings be upon him and his family) said: So if you testify against your father with the truth, you have supported him, been dutiful to him, and done him the utmost good.
The author (may Allah have mercy on him) mentioned in his book: "Bulugh al-Maram" hadiths concerning judgments, among which is the hadith of Umm Salama (may Allah be pleased with her), the wife of the Prophet (peace and blessings be upon him and his family), that the Prophet (peace and blessings be upon him) said:
You come to me in disputes
إنّكم تختصمون إليّand some of you may be more eloquent in presenting your case than others
ولعلّ بعضكم أن يكون ألحن بحجّته من بعضSo I judge in his favor based on what I hear
فأقضي له بنحو ممّا أسمعAnd I only judge based on what I hear
وإنّما أقضي بنحو ممّا أسمعSo whoever I cut off a piece of his brother's right for, I have only cut off for him a piece of fire—whether small or large
فمن اقتطعت له شيئا من حقّ أخيه فإنّما أقتطع له جمرة من النّار -أو- قطعة من النار فليستقلّ أو ليستكثرThat the judge rules according to what appears to him; if he is correct, he has two rewards, and if he errs, he has one reward.
And in it is also evidence that the Prophet (peace and blessings be upon him) does not know the unseen, because the disputants come to him and he does not know who is right and who is wrong except according to what he hears.
And among them is that the judge does not rule based on his own knowledge, but only on what he hears. So if two men dispute before him, and one says, "I claim against this man one hundred riyals," and he has no proof, and the judge knows that he is claiming one hundred riyals from him, then it is not permissible for him to rule in his favor. Rather, he says to the claimant, "Do you have proof?" If he says yes, he brings it; otherwise, the defendant swears an oath and the case ends. But we say that if the judge knows the case, it is not permissible for him to rule contrary to what he knows. Rather, he refers them to another judge and he becomes a witness. The example, as you heard, is that Zayd claims against 'Amr one hundred riyals, and the judge knows that he is truthful, so 'Amr denies it and says, "I have nothing for him, absolutely not." Here we say to Zayd, "Bring proof." If he brings proof, he rules in his favor; otherwise, we make the defendant swear an oath and he is cleared. If the judge knows that Zayd is truthful in his claim and that he has one hundred riyals against 'Amr, then he does not rule that 'Amr is cleared, because he knows that he is not cleared. Rather, he says, "Go to another judge, and I will be a witness." So the two disputants go to another judge, and he becomes a witness.
And among them is that the judge's ruling does not change reality. The judge's ruling does not change reality. So if the judge rules in favor of a person regarding something based on what he heard and based on the proof, and the person who was ruled in his favor knows that he is wrong, then the judge's ruling does not make that thing lawful for him which he knows he is wrong about. He does not say what the common people say: "Leave it between you and the fire willingly". Willingness does not benefit if a person knows that he is not truthful. For this reason, he (peace and blessings be upon him) said:
So whoever I judge in favor of regarding his brother's right with something, I have only cut off for him a piece of fire
فمن حكمت له بحقّ أخيه بشيء فإنّما أقتطع له جمرة من نارO you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives
يا أيّها الذين آمنوا كونوا قوّامين بالقسط شهداء لله ولو على أنفسكم أو الوالدين والأقربينThe student: The pleasure of Allah.
The Shaykh : Huh? The pleasure of Allah, without doubt. And in reality, if I testify against my father regarding what is due from him, this is among the greatest dutifulness to him. This is dutifulness to him that I save him in this world before it is taken from his good deeds. For this reason, the Prophet (peace and blessings be upon him and his family) said: