Mishkat al-Masabih

Abu Dharr told that he heard God’s Messenger say, “If anyone claims what is not his he does not belong to us, and let him come to his seat in hell.” Muslim transmitted it.

Zaid b. Khalid reported God’s Messenger as saying, “Shall I not tell you of the best witness? He is the one who produces his deposition before he is asked for it.” Muslim transmitted it.

Ibn Mas'ud reported God’s Messenger as saying, “The best of men are my generation, then those who come next to them, then those who come next to them. Afterwards people will come who will give testimony before swearing an oath and swear an oath before giving testimony.” (Bukhari and Muslim.)

Abu Huraira told that the Prophet suggested to some people that they should swear an oath and when they hastened to do so he ordered that lots should be cast among them concerning the oath as to who should swear it. Bukhari transmitted it.

‘Amr b. Shu'aib, on his father’s authority, told that his grandfather reported the Prophet as saying, “Proof lies on the plaintiff and the oath is to be sworn by the defendant.” Tirmidhi transmitted it.

Umm Salama told on the Prophet’s authority about two men, who brought a dispute before him about inheritances, but had no proof beyond their claim. He said, “If I give a decision in favour of one respecting what is rightly his brother’s I am allotting him only a portion of hell.” Thereupon both the men said, “Messenger of God, this right of mine may go to my brother,” but he replied, "No; rather go and divide it up, aiming at what is right, then draw lots, and let each of you consider the other to have what is legitimately his.” In a version he said, “I judge between you only by my opinion regarding matters about which no revelation has been sent down to me.” Abu Dawud transmitted it.

Jabir b. ‘Abdallah told that two men claimed an animal and both of them brought proof that it was his animal, the offspring of one of his beasts. God’s Messenger then gave his decision that it should go to the one who had it in his possession. It is transmitted in Sharh as-sunna.

Abu Musa al-Ash'ari told that two men laid claim to a camel in the time of God’s Messenger and both of them sent two witnesses, so the Prophet divided it in halves between them.* Abu Dawud transmitted it. A version by Nasa’i, Ibn Majah and him says that two men laid claim to a camel, but as neither of them could produce proof the Prophet declared they should share it equally. * I have kept closely to the Arabic in this translation because the alternative version follows immediately afterwards. The meaning of both versions is the same, viz. that both men were to have equal use of the camel.

Abu Huraira told that two men disputed about an animal but could produce no proof, so the Prophet said, “Cast lots about the oath.” Abu Dawud and Ibn Majah transmitted it.

Ibn ‘Abbas told that the Prophet said to a man whom he had asked to take an oath, “Swear by God than Whom there is no god that you have nothing belonging to him,” i.e. the plaintiff. Abu Dawud transmitted it.

A Jew and I shared some land and he denied my right, so I took him to the Prophet who asked me whether I had any proof. When I replied that I had none and he told the Jew to swear an oath, I said, “Messenger of God, he will swear an oath and go off with my property.” Then God most high sent down, “Those who barter for a small price God’s covenant and their oaths . . .” (Al-Qur’an, 3:77) Abu Dawud and Ibn Majah transmitted it.

He told that a man of Kinda and a man of Hadramaut brought a dispute before God’s Messenger about land in the Yemen. The Hadrami said, “Messenger of God, this man’s father took my land forcibly from me, and it is in his hands.” He asked him if he had any proof, and he replied, “No, but I shall require him to swear by God he does not know it is my land which his father took forcibly from me.” The Kindi was prepared to take the oath, but when God’s Messenger said, “Anyone who appropriates property by an oath will meet God in a maimed condition,” the Kindi said, “It is his land.” Abu Dawud transmitted it.

‘Abdallah b. Unais reported God’s Messenger as saying, “Among the most serious of major sins are attributing a partner to God, unfilial behaviour, and deliberate perjury. If anyone swears an oath which he is compelled to take (or a firm oath) and introduces into it as much falsehood as a gnat’s wing, a spot will be put in his heart till the day of resurrection.” Tirmidhi transmitted it, saying this is a gharib tradition.

Jabir reported God’s Messenger as saying, “If anyone swears a false oath near this pulpit of mine, even though it be about a green tooth stick, he will come to his place in hell,” or, “he will certainly go to hell.” Malik, Abu Dawud and Ibn Majah transmitted.

Khuraim o. Fatik told that when God’s Messenger had finished praying the morning prayer he stood up and said three times, “False witness has been made equivalent to attributing a partner to God. He then recited, “So avoid the abomination of idols and avoid spreading falsehood as people pure of faith to God, not associating anything with Him." (Al-Qur’an, 22:30) Abu Dawud and Ibn Majah transmitted it and Ahmad and Tirmidhi transmitted it on the authority of Aiman b. Khuraim. Ibn Majah did not mention what he recited.

‘A’isha reported God’s Messenger as saying, “The testimony of a deceitful man or woman, or of one who has been flogged for transgressing the bounds set by God, or of one who harbours rancour against his brother, or of one suspected regarding the patrons he claims or relationship, or of one who is dependent on a family is not allowable." Tirmidhi transmitted it, saying this is a gharib tradition and that the traditions of Yazid b. Ziyad ad-Dimashqi, the transmitter, are rejected.

‘Amr b. Shu'aib, on his father’s authority, told that his grandfather reported the Prophet as saying, “The testimony of a deceitful man or woman, or of an immoral man or woman, or of one who harbours rancour against his brother is not allowable," and he rejected the testimony of one who is dependent on a family. Abu Dawud transmitted it.

Abu Huraira reported God's Messenger as saying, “The testimony of a nomadic Arab against a townsman is not allowable." Abu Dawud and Ibn Majah transmitted it.

‘Auf b. Malik told that the Prophet gave a decision between two men and that when the one against whom the decision had been given turned away he said, “My sufficiency is God, and good is the Guardian." Thereupon the Prophet said, “God most high blames for falling short, hut apply intelligence, and when a matter gets the better of you say, 'My sufficiency is God, and good is the Guardian’. (Al-Qur’an, 3:173) Abu Dawud transmitted it.

Bahz b. Hakim, on his father’s authority, said his grandfather told that the Prophet imprisoned a man on suspicion. Abu Dawud transmitted it, and Tirmidhi and Nasa’i added that afterwards let him go.