Chapter 23: The Judge Turning Toward One Who Tells Him That He Has Committed Zina - كتاب آداب القضاة
It was narrated from Abu Umamah bin Sahl bin Hunaif that:
أَخْبَرَنَا الْحَسَنُ بْنُ أَحْمَدَ الْكَرْمَانِيُّ، قَالَ حَدَّثَنَا أَبُو الرَّبِيعِ، قَالَ حَدَّثَنَا حَمَّادٌ، قَالَ حَدَّثَنَا يَحْيَى، عَنْ أَبِي أُمَامَةَ بْنِ سَهْلِ بْنِ حُنَيْفٍ، أَنَّ النَّبِيَّ صلى الله عليه وسلم أُتِيَ بِامْرَأَةٍ قَدْ زَنَتْ فَقَالَ
" مِمَّنْ " . قَالَتْ مِنَ الْمُقْعَدِ الَّذِي فِي حَائِطِ سَعْدٍ . فَأَرْسَلَ إِلَيْهِ فَأُتِيَ بِهِ مَحْمُولاً فَوُضِعَ بَيْنَ يَدَيْهِ فَاعْتَرَفَ فَدَعَا رَسُولُ اللَّهِ صلى الله عليه وسلم بِإِثْكَالٍ فَضَرَبَهُ وَرَحِمَهُ لِزَمَانَتِهِ وَخَفَّفَ عَنْهُ .
A woman who had committed Zina was brought to the Prophet [SAW]. He said: "With whom?" She said: "With the paralyzed man who lives in the garden of Sa'd." He was brought and placed before (the Prophet [SAW]) and he confessed. The Messenger of Allah [SAW] called for a bunch of palm leaves and hit him. He took pity on him because of his disability and was lenient with him.
Chapter 24: The Judge Going to His People to Reconcile Between Them - كتاب آداب القضاة
Sahl bin Sa'd Al-Sa'idi said:
أَخْبَرَنَا مُحَمَّدُ بْنُ مَنْصُورٍ، قَالَ حَدَّثَنَا سُفْيَانُ، قَالَ حَدَّثَنَا أَبُو حَازِمٍ، قَالَ سَمِعْتُ سَهْلَ بْنَ سَعْدٍ السَّاعِدِيَّ، يَقُولُ وَقَعَ بَيْنَ حَيَّيْنِ مِنَ الأَنْصَارِ كَلاَمٌ حَتَّى تَرَامَوْا بِالْحِجَارَةِ فَذَهَبَ النَّبِيُّ صلى الله عليه وسلم لِيُصْلِحَ بَيْنَهُمْ فَحَضَرَتِ الصَّلاَةُ فَأَذَّنَ بِلاَلٌ وَانْتُظِرَ رَسُولُ اللَّهِ صلى الله عليه وسلم فَاحْتُبِسَ فَأَقَامَ الصَّلاَةَ وَتَقَدَّمَ أَبُو بَكْرٍ رضى الله عنه فَجَاءَ النَّبِيُّ صلى الله عليه وسلم وَأَبُو بَكْرٍ يُصَلِّي بِالنَّاسِ فَلَمَّا رَآهُ النَّاسُ صَفَّحُوا - وَكَانَ أَبُو بَكْرٍ لاَ يَلْتَفِتُ فِي الصَّلاَةِ - فَلَمَّا سَمِعَ تَصْفِيحَهُمُ الْتَفَتَ فَإِذَا هُوَ بِرَسُولِ اللَّهِ صلى الله عليه وسلم أَرَادَ أَنْ يَتَأَخَّرَ فَأَشَارَ إِلَيْهِ أَنِ اثْبُتْ فَرَفَعَ أَبُو بَكْرٍ رضى الله عنه يَعْنِي يَدَيْهِ ثُمَّ نَكَصَ الْقَهْقَرَى وَتَقَدَّمَ رَسُولُ اللَّهِ صلى الله عليه وسلم فَصَلَّى فَلَمَّا قَضَى رَسُولُ اللَّهِ صلى الله عليه وسلم الصَّلاَةَ قَالَ " مَا مَنَعَكَ أَنْ تَثْبُتَ " . قَالَ مَا كَانَ اللَّهُ لِيَرَى ابْنَ أَبِي قُحَافَةَ بَيْنَ يَدَىْ نَبِيِّهِ . ثُمَّ أَقْبَلَ عَلَى النَّاسِ فَقَالَ " مَا لَكُمْ إِذَا نَابَكُمْ شَىْءٌ فِي صَلاَتِكُمْ صَفَّحْتُمْ إِنَّ ذَلِكَ لِلنِّسَاءِ مَنْ نَابَهُ شَىْءٌ فِي صَلاَتِهِ فَلْيَقُلْ سُبْحَانَ اللَّهِ " .
"Words were exchanged between two clans of the Ansar, to the point that they began to throw rocks at one another. The Prophet [SAW] went to reconcile between them. The time for prayer came, so Bilal called Adhan and waited for the Messenger of Allah [SAW], but he was delayed. He said the Iqamah and Abu Bakr, may Allah be pleased with him, went forward (to lead the prayer). Then the Prophet [SAW] came while Abu Bakr was leading the people in prayer, and when the people saw him they clapped. Abu Bakr would not turn around when he was praying, but when he heard them clapping, he turned around and saw the Messenger of Allah [SAW]. He wanted to step back but (the Prophet [SAW]) gestured to him to stay where he was. Abu Bakr, may Allah be pleased with him, raised his hands, then he moved backward and the Messenger of Allah [SAW] came forward and led (the rest of) the prayer. When the Messenger of Allah [SAW] finished praying, he said: 'What prevented you from staying where you were?' He said: 'I would not like Allah to see the son of Abu Quhafah standing in front of His Prophet.' Then he (the Prophet [SAW]) turned to the people and said: 'If you noticed something while you were praying, why did you clap? That is for women. Whoever notices something while he is praying, let him say: "Subhan Allah."
He owed a debt by 'Abdullah bin Abi Hadrad Al-Aslami. He met him, and asked him to pay it off. They exchanged words until their voices became loud. The Messenger of Allah [SAW] passed by them and said: "O Ka'b!" and he gestured with his hand to say half. So he took half of what was owed and let him off the other half.
"I saw the Messenger of Allah [SAW] when a killer was brought by the heir of the victim by a string. The Messenger of Allah [SAW] said to the heir of the victim: 'Will you forgive him?' He said: 'No.' He said: 'Will you accept the Diyah?' He said: 'No.' He said: 'Will you kill him?' He said: 'Yes.' He said: 'Take him away.' When he went and turned away from him, he called him back and said: 'Will you forgive him?' He said: 'No.' He said: 'Will you accept the Diyah?' He said: 'No.' He said: 'Will you kill him?' He said: 'Yes.' He said: 'Take him away.' When he went and turned away from him, he called him back and said: 'Will you forgive him?' He said: 'No.' He said: 'Will you accept the Diyah?' He said: 'No.' He said: 'Will you kill him?' He said: 'Yes.' He said: 'Take him away.' At that point the Messenger of Allah [SAW] said: 'But if you forgive him, he will carry his own sin and the sin of your companion.' So he forgave him, and I saw him dragging his string."
Chapter 27: The Judge Suggesting Leniency - كتاب آداب القضاة
It was narrated from 'Urwah that 'Abdullah bin Az-Zubair narrated to him that:
أَخْبَرَنَا قُتَيْبَةُ، قَالَ حَدَّثَنَا اللَّيْثُ، عَنِ ابْنِ شِهَابٍ، عَنْ عُرْوَةَ، أَنَّهُ حَدَّثَهُ أَنَّ عَبْدَ اللَّهِ بْنَ الزُّبَيْرِ حَدَّثَهُ أَنَّ رَجُلاً مِنَ الأَنْصَارِ خَاصَمَ الزُّبَيْرَ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فِي شِرَاجِ الْحَرَّةِ الَّتِي يَسْقُونَ بِهَا النَّخْلَ فَقَالَ الأَنْصَارِيُّ سَرِّحِ الْمَاءَ يَمُرَّ . فَأَبَى عَلَيْهِ فَاخْتَصَمُوا عِنْدَ رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " اسْقِ يَا زُبَيْرُ ثُمَّ أَرْسِلِ الْمَاءَ إِلَى جَارِكَ " . فَغَضِبَ الأَنْصَارِيُّ فَقَالَ يَا رَسُولَ اللَّهِ أَنْ كَانَ ابْنَ عَمَّتِكَ فَتَلَوَّنَ وَجْهُ رَسُولِ اللَّهِ صلى الله عليه وسلم ثُمَّ قَالَ " يَا زُبَيْرُ اسْقِ ثُمَّ احْبِسِ الْمَاءَ حَتَّى يَرْجِعَ إِلَى الْجَدْرِ " . فَقَالَ الزُّبَيْرُ إِنِّي أَحْسَبُ أَنَّ هَذِهِ الآيَةَ نَزَلَتْ فِي ذَلِكَ { فَلاَ وَرَبِّكَ لاَ يُؤْمِنُونَ } الآيَةَ .
A man among the Ansar disputed with Az-Zubair concerning a stream in Al-Harrah from which they both used to water their date palm trees. The Ansari said: "Let the water flow," but he (Az-Zubair) refused. They brought their dispute to the Messenger of Allah [SAW]. The Messenger of Allah [SAW] said: "Irrigate (your land), O Zubair, then let the water flow to your neighbor." The Ansari became angry and said: "O Messenger of Allah, is it because he is your cousin?" The face of the Messenger of Allah [SAW] changed color (because of anger) and he said: "O Zubair, irrigate (your land) then block the water until it flows back to the walls." Az-Zubair said: "I think that this Verse was revealed concerning this matter: 'But no, by your Lord, they can have no faith.'"
The husband of Barirah was a slave called Mughith. It is as if I can see him walking behind her weeping, with the tears running down onto his beard. The Prophet [SAW] said to Al-'Abbas: "O 'Abbas, are you not amazed by the love of Mughith for Barirah and the hatred of Barirah for Mughith?" The Messenger of Allah [SAW] said to her: "Why don't you take him back, for he is the father of your child?" She said: "O Messenger of Allah, are you commanding me (to do so)?" He said: "I am just interceding." She said: "I have no need of him."
"A man among the Ansar stated that his salve was to be set free after he died; he was in need, and he owed a debt. The Messenger of Allah [SAW] sold him (the slave) for eight hundred Dirhams, and he gave (the money) to him and said: 'Pay off your debt and spend on your dependents.'"
The Messenger of Allah [SAW] said: "Whoever seizes the wealth of a Muslim unlawfully by means of his (false) oath, Allah makes the Fire required for him, Paradise unlawful for him." A man said to him: "O Messenger of Allah, even if it is something small?" He said: "Even if it is a twig of an Arak tree."
"Hind came to the Messenger of Allah [SAW] and said : 'O Messenger of Allah, Abu Sufyan is a stingy man who does not spend enough on my child and I. Can I take from his wealth without him realizing?' He said: 'Take what is sufficient for you and your child on a reasonable basis.'"
"Abu Bakrah wrote to me, saying: 'I heard the Messenger of Allah [SAW] say: No one should pass two judgments on one issue, and no one should pass judgment between two disputing parties while he is angry.'"
"The Messenger of Allah [SAW] said: 'You refer your disputes to me, but I am only human. And some of you may be more eloquent in arguing their case than others, and I may pass judgment on the basis of what I hear. If I pass judgment in favor of one of you against his brother's rights, then it is a piece of the fire that I am giving him.'"
That two men referred a dispute to the Prophet [SAW] concerning an animal, and neither of them had any evidence, so he ruled that it be shared equally between them.
"There were two female neighbors who used to do leatherwork (with an awl) in At-Ta'if. One of them came out with her hand bleeding and claimed that her companion had injured her, but the other one denied it. I wrote to Ibn 'Abbas concerning that. He wrote, (saying) that the Messenger of Allah [SAW] ruled that the person against whom the claim was made should swear an oath. For if people were to be given what they claimed was theirs, then people would make claims against the wealth and blood of others." So he called her and recited this Verse to her: "Verily, those who purchase a small gain at the cost of Allah's Covenant and their oaths, they shall have no portion in the Hereafter..." until the end of the Verse. He called her and recited that to her, and she confessed to that. News of that reached him and he was happy.
"Mu'awiyah, (may Allah be pleased with him,) said: 'The Messenger of Allah [SAW] went out to a circle - meaning, of his Companions - and said: 'What are you doing?' They said: 'We have come together to pray to Allah and praise Him for guiding us to His religion, and blessing us with you.' He said: 'I ask you, by Allah, is that the only reason?' They said: 'By Allah, we have not come together for any other reason.' He said: 'I am not asking you to swear to an oath because of any suspicion; rather Jibril came to me and told me that Allah, the Mighty and Sublime, is boasting of you to the angels.'"
"The Messenger of Allah [SAW] said: 'Isa bin Mariam, peace be upon him, saw a man stealing, and said to him: Are you stealing? He said: No, by Allah besides Whom there is no other God! 'Isa, peace be upon him, said: I believe in Allah and I disbelieve my eyes.'"
"It was raining and dark, and we were waiting for the Messenger of Allah [SAW] to lead us in prayer. Then the Messenger of Allah [SAW] came out to lead us in prayer and he said: 'Say.' I said: 'What should I say?' He said: 'Say: He is Allah, (the) One and Al-Mu'awwadhatain in the evening and in the morning, three times, and that will suffice you against everything.'"
"I was with the Messenger of Allah [SAW] on the road to Makkah when I found myself alone with the Messenger of Allah [SAW]. I drew close to him and he said: 'Say.' I said: 'What should I say?' He said: 'Say.' I said: 'What should I say?' He said: 'Say: I seek refuge with (Allah) the Lord of the daybreak...' until he finished (the Surah), then he said: 'Say: I seek refuge with (Allah) the Lord of mankind...' until he finished it. Then he said: 'The people cannot seek refuge with Allah by means of anything better than these two.'"
"While I was leading the Messenger of Allah [SAW] on his mount on a military campaign, he said: 'O 'Uqbah, say!' I listened, then he said: 'O 'Uqbah, say!' I listened, then he said it a third time. I said: 'What should I say?' He said: 'Say: He is Allah, (the) One...' and he recited the Surah to the end. Then he recited: 'Say: I seek refuge with (Allah) the Lord of the daybreak...' and I recited it with him until the end. Then he recited: 'Say: I seek refuge with (Allah) the Lord of mankind...' and I recited it with him until the end. Then he said: 'No one ever sought refuge (with Allah) by means of anything like them.'"
"The Messenger of Allah [SAW] said to me: 'Say.' I said: 'What should I say?' He said: 'Say: He is Allah (the) One,' 'Say: I seek refuge with (Allah) the Lord of the daybreak,' 'Say: I seek refuge with (Allah) the Lord of mankind.' The Messenger of Allah [SAW] recited them, then he said: 'The people have never recited anything like them, or the people have never sought refuge (with Allah) by means of anything like them.'"
The Messenger of Allah [SAW] said to him: "O Ibn 'Abis, shall I not tell you of the best thing with which those who seek refuge with Allah may do so?" He said: "Yes, O Messenger of Allah." He said: "Say: I seek refuge with (Allah) the Lord of the daybreak.", "Say: I seek refuge with (Allah) the Lord of mankind." - these two Surahs."
"The Prophet [SAW] was given a gray mule which he rode, and 'Uqbah led it. The Messenger of Allah [SAW] said to 'Uqbah: 'Recite.' He said: 'What should I recite, O Messenger of Allah?' He said: 'Recite: 'Say: I seek refuge with (Allah) the Lord of the daybreak, from the evil of what He has created.' And he repeated it until I had learned it."
Chapter 1: What was Narrated Concerning Al-Mu'awwidhatain (Two Surahs Seeking Refuge with Allah) - كتاب الاستعاذة
It was narrated from 'Uqbah bin 'Amir that :
أَخْبَرَنَا مُوسَى بْنُ حِزَامٍ التِّرْمِذِيُّ، قَالَ أَنْبَأَنَا أَبُو أُسَامَةَ، عَنْ سُفْيَانَ، عَنْ مُعَاوِيَةَ بْنِ صَالِحٍ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ جُبَيْرِ بْنِ نُفَيْرٍ، عَنْ أَبِيهِ، عَنْ عُقْبَةَ بْنِ عَامِرٍ، أَنَّهُ سَأَلَ رَسُولَ اللَّهِ صلى الله عليه وسلم عَنِ الْمُعَوِّذَتَيْنِ . قَالَ عُقْبَةُ فَأَمَّنَا رَسُولُ اللَّهِ صلى الله عليه وسلم بِهِمَا فِي صَلاَةِ الْغَدَاةِ .
He asked the Messenger of Allah [SAW] about Al-Mu'awwidhatain. 'Uqbah said: "The Messenger of Allah [SAW] recited them when he led us in Salah Al-Ghadah (As-Subh)."
Chapter 1: What was Narrated Concerning Al-Mu'awwidhatain (Two Surahs Seeking Refuge with Allah) - كتاب الاستعاذة
It was narrated that 'Uqbah bin 'Amir said:
أَخْبَرَنَا أَحْمَدُ بْنُ عَمْرٍو، قَالَ أَنْبَأَنَا ابْنُ وَهْبٍ، قَالَ أَخْبَرَنِي مُعَاوِيَةُ بْنُ صَالِحٍ، عَنِ ابْنِ الْحَارِثِ، - وَهُوَ الْعَلاَءُ - عَنِ الْقَاسِمِ، مَوْلَى مُعَاوِيَةَ عَنْ عُقْبَةَ بْنِ عَامِرٍ، قَالَ كُنْتُ أَقُودُ بِرَسُولِ اللَّهِ صلى الله عليه وسلم فِي السَّفَرِ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " يَا عُقْبَةُ أَلاَ أُعَلِّمُكَ خَيْرَ سُورَتَيْنِ قُرِئَتَا " . فَعَلَّمَنِي { قُلْ أَعُوذُ بِرَبِّ الْفَلَقِ } وَ { قُلْ أَعُوذُ بِرَبِّ النَّاسِ } فَلَمْ يَرَنِي سُرِرْتُ بِهِمَا جِدًّا فَلَمَّا نَزَلَ لِصَلاَةِ الصُّبْحِ صَلَّى بِهِمَا صَلاَةَ الصُّبْحِ لِلنَّاسِ فَلَمَّا فَرَغَ رَسُولُ اللَّهِ صلى الله عليه وسلم مِنَ الصَّلاَةِ الْتَفَتَ إِلَىَّ فَقَالَ " يَا عُقْبَةُ كَيْفَ رَأَيْتَ " .
"I was leading the Messenger of Allah [SAW] (on his mount) on a journey, and the Messenger of Allah [SAW] said: 'O 'Uqbah, shall I not teach you the best two Surahs that can be recited?' And he taught me: 'Say: I seek refuge with (Allah) the Lord of the daybreak.' And 'Say: I seek refuge with (Allah) the Lord of mankind...' He thought that I did not seem too overjoyed with them, so when he stopped to pray Subh, he recited them when he led the people in the Subh prayer. When the Messenger of Allah [SAW] finished praying, he turned to me and said: 'O 'Uqbah, what do you think?'"