Chapter: Testimony is given to the judge during his tenure of the judiciary, or to the litigant before that.
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The Reciter: May Allah send prayers and blessings upon His Prophet Muhammad, and upon his family and his Companions.
Al-Bukhari (may Allah have mercy on him) said:
Chapter: Testimony is given to the judge during his tenure of the judiciary, or to the litigant before that.
And Shurayh the judge was asked by a man about testimony, so he said, "Go to the Amir so that I may testify for you." And 'Ikrimah said, "Umar said to 'Abd al-Rahman ibn 'Awf, 'If you saw a man subject to the hadd of zina or theft, and you were the Amir,' so he said, 'Your testimony is the testimony of a man from among the Muslims.' He said, 'You have spoken the truth.' And Umar said, 'Were it not that people would say that Umar added to the Book of Allah, I would have written the verse of stoning with my own hand.' Then Ma'iz confessed to the Prophet (peace and blessings be upon him) regarding zina four times, so he ordered that he be stoned. It is not mentioned that the Prophet (peace and blessings be upon him) called upon those present to testify. And Hammad said, "If he confesses once before the judge, he is stoned." And al-Hakam said, "Four times."
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
In this chapter, the author, al-Bukhari (may Allah have mercy on him), discusses the testimony of the judge when he testifies for a litigant during his tenure of the judiciary or before he assumes the role of judge: does he present this testimony or not? It has been established for us that he does not present his testimony during his time as a judge; rather, he refers the case to another judge and testifies. As for him ruling based on his own knowledge, that is not permissible. The narrations in this matter, as al-Bukhari mentioned, are as follows: He said, "And Shurayh the judge was asked by a man about testimony, so he said, 'Go to the Amir so that I may testify for you.'" The Amirs at that time were like judges in their knowledge of rulings; people would seek judgment from them. "Go" means you and your opponent, so that I may testify for you, meaning I will not testify for you while I am the judge and rule based on my own knowledge. And 'Ikrimah said, "Umar said to 'Abd al-Rahman ibn 'Awf, 'If you saw a man subject to the hadd of zina or theft, and you were the Amir,' so he said, 'Your testimony is the testimony of a man from among the Muslims.' He said, 'You have spoken the truth.'" Who said this? 'Abd al-Rahman said it to Umar, meaning that if you were the Amir and saw someone subject to the hadd of zina or theft, your testimony would be the testimony of a man from among the Muslims. And Umar said, "Were it not that people would say that Umar added to the Book of Allah, I would have written the verse of stoning with my own hand." He considered it an addition because it was abrogated, so writing it after its abrogation would be an addition. Then Ma'iz confessed to the Prophet (peace and blessings be upon him) regarding zina four times, so he ordered that he be stoned. It is not mentioned that the Prophet (peace and blessings be upon him) called upon those present to testify. Why? Because this confession took place in the court of judgment, and it has been established that if a litigant confesses in the court of judgment, the judge may rule based on it and does not need to say, "Bring witnesses," because it has reached him. And Hammad said, "If he confesses once before the judge, he is stoned." Does he need witnesses? No, if he confesses, he is stoned, and there is no need to request witnesses to testify with the judge. His statement "once" is based on one of the opinions regarding the confession of zina. It has been established previously whether one confession is sufficient in the chapter of zina, or whether four are necessary. The correct view is that one confession is sufficient, except in cases of hesitation. And al-Hakam said, "Four times," meaning he confesses four times, by analogy with the hadith of Ma'iz ibn Malik. Yes.
The questioner : ...
The Shaykh : Yes, that is correct.
Al-Bukhari (may Allah have mercy on him) said:
Chapter: Testimony is given to the judge during his tenure of the judiciary, or to the litigant before that.
And Shurayh the judge was asked by a man about testimony, so he said, "Go to the Amir so that I may testify for you." And 'Ikrimah said, "Umar said to 'Abd al-Rahman ibn 'Awf, 'If you saw a man subject to the hadd of zina or theft, and you were the Amir,' so he said, 'Your testimony is the testimony of a man from among the Muslims.' He said, 'You have spoken the truth.' And Umar said, 'Were it not that people would say that Umar added to the Book of Allah, I would have written the verse of stoning with my own hand.' Then Ma'iz confessed to the Prophet (peace and blessings be upon him) regarding zina four times, so he ordered that he be stoned. It is not mentioned that the Prophet (peace and blessings be upon him) called upon those present to testify. And Hammad said, "If he confesses once before the judge, he is stoned." And al-Hakam said, "Four times."
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
In this chapter, the author, al-Bukhari (may Allah have mercy on him), discusses the testimony of the judge when he testifies for a litigant during his tenure of the judiciary or before he assumes the role of judge: does he present this testimony or not? It has been established for us that he does not present his testimony during his time as a judge; rather, he refers the case to another judge and testifies. As for him ruling based on his own knowledge, that is not permissible. The narrations in this matter, as al-Bukhari mentioned, are as follows: He said, "And Shurayh the judge was asked by a man about testimony, so he said, 'Go to the Amir so that I may testify for you.'" The Amirs at that time were like judges in their knowledge of rulings; people would seek judgment from them. "Go" means you and your opponent, so that I may testify for you, meaning I will not testify for you while I am the judge and rule based on my own knowledge. And 'Ikrimah said, "Umar said to 'Abd al-Rahman ibn 'Awf, 'If you saw a man subject to the hadd of zina or theft, and you were the Amir,' so he said, 'Your testimony is the testimony of a man from among the Muslims.' He said, 'You have spoken the truth.'" Who said this? 'Abd al-Rahman said it to Umar, meaning that if you were the Amir and saw someone subject to the hadd of zina or theft, your testimony would be the testimony of a man from among the Muslims. And Umar said, "Were it not that people would say that Umar added to the Book of Allah, I would have written the verse of stoning with my own hand." He considered it an addition because it was abrogated, so writing it after its abrogation would be an addition. Then Ma'iz confessed to the Prophet (peace and blessings be upon him) regarding zina four times, so he ordered that he be stoned. It is not mentioned that the Prophet (peace and blessings be upon him) called upon those present to testify. Why? Because this confession took place in the court of judgment, and it has been established that if a litigant confesses in the court of judgment, the judge may rule based on it and does not need to say, "Bring witnesses," because it has reached him. And Hammad said, "If he confesses once before the judge, he is stoned." Does he need witnesses? No, if he confesses, he is stoned, and there is no need to request witnesses to testify with the judge. His statement "once" is based on one of the opinions regarding the confession of zina. It has been established previously whether one confession is sufficient in the chapter of zina, or whether four are necessary. The correct view is that one confession is sufficient, except in cases of hesitation. And al-Hakam said, "Four times," meaning he confesses four times, by analogy with the hadith of Ma'iz ibn Malik. Yes.
The questioner : ...
The Shaykh : Yes, that is correct.