Explanation of the Book of Fitnahs and Rulings-09b
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The reciter: Mahmud narrated to us, Abd al-Razzaq narrated to us, Ma'mar informed us from al-Zuhri from Salim from Ibn 'Umar: Sunan Abi Dawud 3864Sahih (Al-Albani) And Abu 'Abd Allah Nu'aym ibn Hammad narrated to me, 'Abd Allah narrated to us, Ma'mar informed us from al-Zuhri from Salim from his father, who said: Mishkat al-Masabih 3976.
The Shaykh : He says: The chapter on when a judge rules with injustice or contrary to the scholars, his ruling is void. As for the first, if he rules with injustice, there is no doubt that it is void, because Allah the Exalted does not accept injustice. If he rules with it, he has done a deed that is not in accordance with the practice of Allah and His Messenger, so it is void. Among such things is ruling in favor of one son over the others, for this is injustice by the explicit text of the hadith of al-Nu'man ibn Bashir, where the Prophet (peace and blessings be upon him) said:Sahih Muslim 1623f This is void, and it is the basis for overturning a judge's ruling.
The Prophet (ﷺ) sent
بعث النبي صلى الله عليه وسلم خالداًThe Prophet sent Khalid b. al-Walid to the B. Hadhima and he summoned them to accept Islam. When they did not express their acceptance of Islam properly but began to say, “We have changed our religion, we have changed our religion,”* Khalid began to kill them and take prisoners, and he handed a prisoner to each one of us. But when a day came when Khalid ordered each of us to kill his prisoner, I said, “I swear by God that I will not kill my prisoner and that not one of my companions will kill his prisoner till we come to the Prophet.” When we mentioned the matter to him he raised his hands and said twice, “O God, I declare myself innocent in Thy sight of what Khalid has done.”
بعث النبي صلى الله عليه وسلم خالد بن الوليد إلى بني جذيمة فلم يحسنوا أن يقولوا أسلمنا فقالوا صبأنا صبأنا فجعل خالد يقتل ويأسر ودفع إلى كل رجل منا أسيره فأمر كل رجل منا أن يقتل أسيره فقلت والله لا أقتل أسيري ولا يقتل رجل من أصحابي أسيره فذكرنا ذلك للنبي صلى الله عليه وسلم فقال : اللهم إني أبرأ إليك مما صنع خالد بن الوليد . مرتينThe Shaykh : He says: The chapter on when a judge rules with injustice or contrary to the scholars, his ruling is void. As for the first, if he rules with injustice, there is no doubt that it is void, because Allah the Exalted does not accept injustice. If he rules with it, he has done a deed that is not in accordance with the practice of Allah and His Messenger, so it is void. Among such things is ruling in favor of one son over the others, for this is injustice by the explicit text of the hadith of al-Nu'man ibn Bashir, where the Prophet (peace and blessings be upon him) said: