Explanation of the Book of Fitnahs and Rulings-08a
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The reciter: Yahya narrated to us, Abd al-Razzaq narrated to us, Ibn Jurayj informed us, Ibn Shihab informed me, from Sahl, the brother of the Banu Sa'ida: .
The Shaykh : He said: The chapter on one who judges and performs the mutual oath-swearing in the mosque. The meaning of the mutual oath-swearing has been mentioned previously. Judging is the ruling between people and settling disputes. It is permissible in the mosque. It is not said that mosques were not built for this, but only for prayer, reciting the Qur'an, glorifying Allah, and the like. We say that judging is a legal ruling to settle differences between people, so there is no harm in it. Likewise, the mutual oath-swearing is permissible. What is prohibited is what is for trade or a means to it, such as haggling in the mosque, selling, leasing, and the like. If someone asks, "If there is a fear of the voices of disputing parties in the mosques, voices that require disrespecting the mosque, can they be allowed?"
The answer is no, because it has been forbidden to raise voices in the mosques. Likewise, if it is assumed that there are circles of knowledge or recitation in the mosque, and the dispute in the mosque disturbs them, then it is prevented from that. Then he mentioned reports from the Companions and the Tabi'un indicating its permissibility.
That a man from the Ansar came to the Prophet (peace and blessings be upon him) and said, "What do you say about a man who finds a man with his wife? Does he kill him?" So they performed the mutual oath-swearing in the mosque, and I was a witness.
أن رجلًا من الأنصار جاء إلى النبي صلى الله عليه وسلم فقال أرأيت رجلاً وجد مع امرأته رجلاً أيقتله فتلاعنا في المسجد وأنا شاهدThe Shaykh : He said: The chapter on one who judges and performs the mutual oath-swearing in the mosque. The meaning of the mutual oath-swearing has been mentioned previously. Judging is the ruling between people and settling disputes. It is permissible in the mosque. It is not said that mosques were not built for this, but only for prayer, reciting the Qur'an, glorifying Allah, and the like. We say that judging is a legal ruling to settle differences between people, so there is no harm in it. Likewise, the mutual oath-swearing is permissible. What is prohibited is what is for trade or a means to it, such as haggling in the mosque, selling, leasing, and the like. If someone asks, "If there is a fear of the voices of disputing parties in the mosques, voices that require disrespecting the mosque, can they be allowed?"
The answer is no, because it has been forbidden to raise voices in the mosques. Likewise, if it is assumed that there are circles of knowledge or recitation in the mosque, and the dispute in the mosque disturbs them, then it is prevented from that. Then he mentioned reports from the Companions and the Tabi'un indicating its permissibility.