Sahih al-Bukhari » Judgments (Ahkaam) - كتاب الأحكام
Narrated Abu Qatada:
Allah's Apostle said on the Day of (the battle of) Hunain, "Whoever has killed an infidel and has a proof or a witness for it, then the salb (arms and belongings of that deceased) will be for him." I stood up to seek a witness to testify that I had killed an infidel but I could not find any witness and then sat down. Then I thought that I should mention the case to Allah's Apostle I (and when I did so) a man from those who were sitting with him said, "The arms of the killed person he has mentioned, are with me, so please satisfy him on my behalf." Abu Bakr said, "No, he will not give the arms to a bird of Quraish and deprive one of Allah's lions of it who fights for the cause of Allah and His Apostle." Allah's Apostle I stood up and gave it to me, and I bought a garden with its price, and that was my first property which I owned through the war booty. The people of Hijaz said, "A judge should not pass a judgment according to his knowledge, whether he was a witness at the time he was the judge or before that" And if a litigant gives a confession in favor of his opponent in the court, in the opinion of some scholars, the judge should not pass a judgment against him till the latter calls two witnesses to witness his confession. And some people of Iraq said, "A judge can pass a judgement according to what he hears or witnesses (the litigant's confession) in the court itself, but if the confession takes place outside the court, he should not pass the judgment unless two witnesses witness the confession." Some of them said, "A judge can pass a judgement depending on his knowledge of the case as he is trust-worthy, and that a witness is Required just to reveal the truth. The judge's knowledge is more than the witness." Some said, "A judge can judge according to his knowledge only in cases involving property, but in other cases he cannot." Al-Qasim said, "A judge ought not to pass a judgment depending on his knowledge if other people do not know what he knows, although his knowledge is more than the witness of somebody else because he might expose himself to suspicion by the Muslims and cause the Muslims to have unreasonable doubt. "
حَدَّثَنَا قُتَيْبَةُ، حَدَّثَنَا اللَّيْثُ، عَنْ يَحْيَى، عَنْ عُمَرَ بْنِ كَثِيرٍ، عَنْ أَبِي مُحَمَّدٍ، مَوْلَى أَبِي قَتَادَةَ أَنَّ أَبَا قَتَادَةَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم يَوْمَ حُنَيْنٍ " مَنْ لَهُ بَيِّنَةٌ عَلَى قَتِيلٍ قَتَلَهُ، فَلَهُ سَلَبُهُ ". فَقُمْتُ لأَلْتَمِسَ بَيِّنَةً عَلَى قَتِيلٍ، فَلَمْ أَرَ أَحَدًا يَشْهَدُ لِي، فَجَلَسْتُ، ثُمَّ بَدَا لِي فَذَكَرْتُ أَمْرَهُ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ رَجُلٌ مِنْ جُلَسَائِهِ سِلاَحُ هَذَا الْقَتِيلِ الَّذِي يَذْكُرُ عِنْدِي. قَالَ فَأَرْضِهِ مِنْهُ. فَقَالَ أَبُو بَكْرٍ كَلاَّ لاَ يُعْطِهِ أُصَيْبِغَ مِنْ قُرَيْشٍ وَيَدَعَ أَسَدًا مِنْ أُسْدِ اللَّهِ يُقَاتِلُ عَنِ اللَّهِ وَرَسُولِهِ. قَالَ فَأَمَرَ رَسُولُ اللَّهِ صلى الله عليه وسلم فَأَدَّاهُ إِلَىَّ فَاشْتَرَيْتُ مِنْهُ خِرَافًا فَكَانَ أَوَّلَ مَالٍ تَأَثَّلْتُهُ. قَالَ لِي عَبْدُ اللَّهِ عَنِ اللَّيْثِ فَقَامَ النَّبِيُّ صلى الله عليه وسلم فَأَدَّاهُ إِلَىَّ. وَقَالَ أَهْلُ الْحِجَازِ الْحَاكِمُ لاَ يَقْضِي بِعِلْمِهِ، شَهِدَ بِذَلِكَ فِي وِلاَيَتِهِ أَوْ قَبْلَهَا. وَلَوْ أَقَرَّ خَصْمٌ عِنْدَهُ لآخَرَ بِحَقٍّ فِي مَجْلِسِ الْقَضَاءِ، فَإِنَّهُ لاَ يَقْضِي عَلَيْهِ فِي قَوْلِ بَعْضِهِمْ، حَتَّى يَدْعُوَ بِشَاهِدَيْنِ فَيُحْضِرَهُمَا إِقْرَارَهُ. وَقَالَ بَعْضُ أَهْلِ الْعِرَاقِ مَا سَمِعَ أَوْ رَآهُ فِي مَجْلِسِ الْقَضَاءِ قَضَى بِهِ، ...
Reference : Sahih al-Bukhari 7170
In-book reference : Book 93, Hadith 34
USC-MSA web (English) reference : Vol. 9, Book 89, Hadith 282
(deprecated numbering scheme)Sahih Muslim » The Book of Zuhd and Softening of Hearts - كتاب الزهد والرقائق
Suhaib reported that Allah's Messenger (may peace be upon him) thus said:
There lived a king before you and he had a (court) magician. As he (the magician) grew old, he said to the king: I have grown old, send some young boy to me so that I should teach him magic. He (the king) sent to him a young man so that he should train him (in magic). And on his way (to the magician) he (the young man) found a monk sitting there. He (the young man) listened to his (the monk's) talk and was impressed by it. It became his habit that on his way to the magician he met the monk and set there and he came to the magician (late). He (the magician) beat him because of delay. He made a complaint of that to the monk and he said to him: When you feel afraid of the magician, say: Members of my family had detained me. And when you feel afraid of your family you should say: The magician had detained me. It so happened that there came a huge beast (of prey) and it blocked the way of the people, and he (the young boy) said: I will come to know today whether the magician is superior or the monk is superior. He picked up a stone and said: O Allah, if the affair of the monk is dearer to Thee than the affair of the magician, cause death to this animal so that the people should be able to move about freely. He threw that stone towards it and killed it and the people began to move about (on the path freely). He (the young man) then came to that monk and Informed him and the monk said: Sonny, today you are superior to me. Your affair has come to a stage where I find that you would be soon put to a trial, and in case you are put to a trial don't give my clue. That young man began to treat the blind and those suffering from leprosy and he in fact began to cure people from (all kinds) of illness. When a companion of the king who had gone blind heard about him, he came to him with numerous gifts and said: If you cure me all these things collected together here would be yours. Be said: I myself do not cure anyone. It is Allah Who cures and if you affirm faith in Allah, I shall also supplicate Allah to cure you. He affirmed his faith in Allah and Allah cured him and he came to the king and sat by his side as he used to sit before. The king said to him: Who restored your eyesight? He said: My Lord. Thereupon he said: It means that your Lord is One besides me. He said: My Lord and your Lord is Allah, so he (the king) took hold of him and tormented him till he gave a clue of that boy. The young man was thus summoned and the king said to him: O boy, it has been conveyed to me that you have become so much proficient in your magic that you cure the blind and those suffering from leprosy and you do such and such things. Thereupon he said: I do not cure anyone; it is Allah Who cures, and he (the king) took hold of him and began to torment him. So he gave a clue of the monk. The monk was thus summoned and it was said to him: You should turn back from your religion. He, however, refused to do so. He (ordered) for a saw to be brought (and when it was done) he (the king) placed it in the middle of his head and tore it into parts till a part fell down. Then the courtier of the king was brought and it was said to him: Turn back from your religion. Arid he refused to do so, and the saw was placed in the midst of his head and it was torn till a part fell down. Then that young boy was brought and it was said to him: Turn back from your religion. He refused to do so and he was handed over to a group of his courtiers. And he 'said to them: Take him to such and such mountain; make him climb up that mountain and when you reach its top (ask him to renounce his faith) but if he refuses to do so, then throw him (down the mountain). So they took him and made him climb up the mountain and he said: O Allah, save me from them (in any way) Thou likest and the mountain began to quake and they all fell down and that person came walking to the king. The king said to him: What has happened to your companions? He said: Allah has saved me from them. He again handed him to some of his courtiers and said: Take him and carry him in a small boat and when you reach the middle of the ocean (ask him to renounce) his religion, but if he does not renounce his religion throw him (into the water). So they took him and he said: O Allah, save me from them and what they want to do. It was quite soon that the boat turned over and they were drowned and he came walking to the king, and the king said to him: What has happened to your companions? He said: Allah has saved me from them, and he said to the king: You cannot kill me until you do what I ask you to do. And he said: What is that? He said: You should gather people in a plain and hang me by the trunk (of a tree). Then take hold of an arrow from the quiver and say: In the name of Allah, the Lord of the young boy; then shoot an arrow and if you do that then you would be able to kill me. So he (the king) called the people in an open plain and tied him (the boy) to the trunk of a tree, then he took hold of an arrow from his quiver and then placed the arrow in the bow and then said: In the name of Allah, the Lord of the young boy; he then shot an arrow and it bit his temple. He (the boy) placed his hands upon the temple where the arrow had bit him and he died and the people said: We affirm our faith in the Lord of this young man, we affirm our faith in the Lord of this young man, we affirm our faith in the Lord of this young man. The courtiers came to the king and it was said to him: Do you see that Allah has actually done what you aimed at averting. They (the people) have affirmed their faith in the Lord. He (the king) commanded ditches to be dug at important points in the path. When these ditches were dug, and the fire was lit in them it was said (to the people): He who would not turn back from his (boy's) religion would be thrown in the fire or it would be said to them to jump in that. (The people courted death but did not renounce religion) till a woman came with her child and she felt hesitant in jumping into the fire and the child said to her: 0 mother, endure (this ordeal) for it is the Truth.
حَدَّثَنَا هَدَّابُ بْنُ خَالِدٍ، حَدَّثَنَا حَمَّادُ بْنُ سَلَمَةَ، حَدَّثَنَا ثَابِتٌ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ، أَبِي لَيْلَى عَنْ صُهَيْبٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " كَانَ مَلِكٌ فِيمَنْ كَانَ قَبْلَكُمْ وَكَانَ لَهُ سَاحِرٌ فَلَمَّا كَبِرَ قَالَ لِلْمَلِكِ إِنِّي قَدْ كَبِرْتُ فَابْعَثْ إِلَىَّ غُلاَمًا أُعَلِّمْهُ السِّحْرَ . فَبَعَثَ إِلَيْهِ غُلاَمًا يُعَلِّمُهُ فَكَانَ فِي طَرِيقِهِ إِذَا سَلَكَ رَاهِبٌ فَقَعَدَ إِلَيْهِ وَسَمِعَ كَلاَمَهُ فَأَعْجَبَهُ فَكَانَ إِذَا أَتَى السَّاحِرَ مَرَّ بِالرَّاهِبِ وَقَعَدَ إِلَيْهِ فَإِذَا أَتَى السَّاحِرَ ضَرَبَهُ فَشَكَا ذَلِكَ إِلَى الرَّاهِبِ فَقَالَ إِذَا خَشِيتَ السَّاحِرَ فَقُلْ حَبَسَنِي أَهْلِي . وَإِذَا خَشِيتَ أَهْلَكَ فَقُلْ حَبَسَنِي السَّاحِرُ . فَبَيْنَمَا هُوَ كَذَلِكَ إِذْ أَتَى عَلَى دَابَّةٍ عَظِيمَةٍ قَدْ حَبَسَتِ النَّاسَ فَقَالَ الْيَوْمَ أَعْلَمُ آلسَّاحِرُ أَفْضَلُ أَمِ الرَّاهِبُ أَفْضَلُ فَأَخَذَ حَجَرًا فَقَالَ اللَّهُمَّ إِنْ كَانَ أَمْرُ الرَّاهِبِ أَحَبَّ إِلَيْكَ مِنْ أَمْرِ السَّاحِرِ فَاقْتُلْ هَذِهِ الدَّابَّةَ حَتَّى يَمْضِيَ النَّاسُ . فَرَمَاهَا فَقَتَلَهَا وَمَضَى النَّاسُ فَأَتَى الرَّاهِبَ فَأَخْبَرَهُ فَقَالَ لَهُ الرَّاهِبُ أَىْ بُنَىَّ أَنْتَ الْيَوْمَ أَفْضَلُ مِنِّي . قَدْ بَلَغَ مِنْ أَمْرِكَ مَا أَرَى وَإِنَّكَ سَتُبْتَلَى فَإِنِ ابْتُلِيتَ فَلاَ تَدُلَّ عَلَىَّ . وَكَانَ ...
Reference : Sahih Muslim 3005
In-book reference : Book 55, Hadith 93
USC-MSA web (English) reference : Book 42, Hadith 7148
(deprecated numbering scheme)
Riyad as-Salihin » The Book of Miscellany - كتاب المقدمات
Suhaib (May Allah be pleased with him) reported that the Messenger of Allah (PBUH) said, "There lived a king before you and he had a court magician. As he (the magician) grew old, he said to the king:
'I have grown old, so send me a young boy in order to teach him magic.' The king sent him a young boy to serve the purpose. And on his way (to the magician) the young boy met a monk to whom he listened to and liked it. It became his habit that on his way to the magician, he would meet the monk and sit there and would come to the magician (late). The magician used to beat him because of this delay. He complained about this to the monk who said to him: 'When you feel afraid of the magician, say: Members of my family detained me. And when you fear your family, say: The magician detained me.' It so happened that there came a huge beast and it blocked the way of the people, and the young boy said: 'I will know today whether the magician or the monk is better.' He picked up a stone and said: 'O Allah, if the way of the monk is dearer to You than the way of the magician, bring about death to the animal so that the people be able to move about freely.' He threw that stone at it and killed it and the people began to move about freely. He then came to the monk and told him the story. The monk said: 'Son, today you are superior to me. You have come to a stage where I feel that you would be soon put to a trial, and in case you are put to a trial, do not reveal me.' That young boy began to heal those born blind and the lepers and he, in fact, began to cure people from all kinds of illnesses. When a courtier of the king who had gone blind heard about him, he came to him with numerous gifts and said, 'If you cure me, all these things will be yours.' He said, 'I myself do not cure anyone. It is Allah, the Exalted, Alone Who cures; and if you affirm faith in Allah, I shall also supplicate to Allah to cure you.' This courtier affirmed his faith in Allah and Allah cured him. He came to the king and sat by his side as he used to sit before. The king said to him, 'Who restored your eyesight?' He said, 'My Rubb.' Thereupon he said, 'Do you have another lord besides me?' He said, 'My Rubb and your Rubb is Allah.' So the king kept torturing him untill he revealed the young boy. The young boy was thus summoned and the king said to him, 'O boy, it has been conveyed to me that you have become so much proficient in your magic that you cure the blind and the lepers and you do such and such.' Thereupon he said, 'I do not cure anyone; it is Allah Alone Who cures,' and the king took hold of him and began to torture him until he revealed of the monk. The monk was summoned and it was said to him: 'You should turn back from your religion.' But he refused. The king sent for a saw, placed it in the middle of his head and cut him into two parts that fell down. Then the courtier of the king was brought forward and it was said to him: 'Turn back from your religion.' He, too, refused, and the saw was placed in the midst of his head and he was torn into two parts. Then the boy was sent for and it was said to him: 'Turn back from your religion.' He refused. The king then handed him over to a group of his courtiers, and said to them: 'Take him to such and such mountain; make him climb up that mountain and when you reach its peak ask him to renounce his Faith. If he refuses to do so, push him to his death.' So they took him and made him climb up the mountain and he said: 'O Allah, save me from them in any way you like,' and the mountain began to shake and they all fell down (dead) and that young boy came walking to the king. The king said to him, 'What happened to your companions?' He said, 'Allah has saved me from them.' He again handed him to some of his courtiers and said: 'Take him and carry him in a boat and when you reach the middle of the sea, ask him to renounce his religion. If he does not renounce his religion throw him (into the water).' So they took him and he said: 'O Allah, save me from them.' The boat turned upside down and they all drowned except the young boy who came walking to the king. The king said to him, 'What happened to your companions?' He said, 'Allah has saved me from them,' and he said to the king: 'You cannot kill me until you do what I command you to do.' The king asked, 'What is that?' He said, 'Gather all people in one place and tie me up to the trunk of a tree, then take an arrow from my quiver and say: With the Name of Allah, the Rubb of the boy; then shoot me. If you do that you will be able to kill me.' 'The king called the people in an open field and tied the young boy to the trunk of a tree. He took out an arrow from his quiver, fixed in the bow and said, 'With the Name of Allah, the Rubb of the young boy,' he then shot the arrow and it hit the boy's temple. The young boy placed his hand upon the temple where the arrow had hit him and died. The people then said: 'We believe in the Rubb of this young boy.' The king was told: 'Do you see what you were afraid of, by Allah it has taken place; all people have believed.' The king then commanded that trenches be dug and fire lit in them, and said: 'He who would not turn back from his (the young boy's) religion, throw him in the fire' or 'he would be ordered to jump into it.' They did so till a woman came with her child. She felt hesitant in jumping into the fire. The child said to her: 'O mother! Endure (this ordeal) for you are on the Right Path".[Muslim].
- وعن صهيب رضي الله عنه أن رسول الله صلى الله عليه وسلم قال: " كان ملك فيمن كان قبلكم، وكان له ساحرٌ، فلما كبر قال للملك : إني قد كبرت فابعث إلى غلاماً أعلمه السحر؛ فبعث إليه غلاماً يعلمه، وكان في طريقه إذا سلك راهبٌ، فقعد إليه وسمع كلامه فأعجبه، وكان إذا أتى الساحر مر بالراهب وقعد إليه، فإذا أتى الساحر ضربه، فشكا ذلك إلى الراهب فقال: إذا خشيت الساحر فقال: حبسني أهلي، وإذا خشيت أهلك فقل: حبسني الساحر. فبينما هو على ذلك إذ أتى على دابةٍ عظيمةٍ قد حبست الناس فقال: اليوم أعلم آلساحر أفضل أم الراهب أفضل؟ فآخذ حجراً فقال: اللهم إن كان أمر الراهب أحب إليك من أمر الساحر فاقتل هذه الدابة حتى يمضي الناس، فرماها فقتلها ومضى الناس، فأتى الراهب فأخبره. فقال له الراهب: أي بني أنت اليوم أفضل مني، قد بلغ أمرك ما أرى، وإنك ستبتلى، فإن ابتليت فلا تدل علي؛ وكان الغلام يبرئ الأكمه والأبرص، ويداوي الناس من سائر الأدواء. فسمع جليس للملك كان قد عمي، فأتاه بهدايا كثيرةٍ فقال: ما هاهُنا لك أجمع إن أنت شفيتنى، فقال: إني لا أشفي أحداً إنما يشفى الله تعالى، فإن آمنت بالله دعوت الله فشفاك، فآمن بالله تعالى فشفاه الله تعالى، فأتى الملك فجلس إليه كما كان يجلس فقال له الملك: من ردّ عليك بصرك؟ فقال: ربي قال: ولك رب غيري ؟( قال: ربي وربك الله، فأخذه فلم يزل يعذبه حتى دل على الغلام، فجئ بالغلام فقال له الملك: أى بني قد بلغ من سحرك ما تبرئ الأكمه والأبرص وتفعل وتفعل فقال: إني لا أشفي أحداً، إنما يشفي الله تعالى، فأخذه فلم يزل يعذبه ...
Reference : Riyad as-Salihin 30
In-book reference : Introduction, Hadith 30
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