النص المفهرس

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through his oath. At other times, he will promote his oath through his testimony. For
example, in the first case, he will say, "By Allah, I am a true witness!" In the second case, he
will say, "People do testify that I am true in my oath."
CASTING LOTS FOR THE OATH
(٣٧٦٨) وَعَنْ أَبِيْ هُرَيْرَةً أَثَّ النَّبِيَّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ عَرَضَ عَلَى قَوْمِ الْيَمِيْنَ فَاسْرَعُوا فَأَمَرَآنُ
يُسْهَمَ بَيْنَهُمْ فِى الْيَمِيْنِ آَّهُمُ يَخْلِفُ- (رواه البخارى)
3768. Sayyiduna Abu Hurayrah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم called on
some people to swear an oath (to belie the plaintiff if they rejected his claim). So, they
made haste (vying with each other) to do so. Hence, he instructed them that lots should
be cast among them to take the oath to decide which one should take the oath.1
COMMENTARY: It seems that someone had implicated a few people over something.
They rejected his allegations. The Prophet instructed them to swear oaths and they made
haste to comply. Every was prepared to swear at the sometime. So, the Prophet ,,can
did not let everyone swear but said that they should cast lots and he whose name was
drawn should swear.
However, the exponents have suggested that perhaps two men had claimed something that
was in the possession of the third man. But, both could not produce a witness. Or, though
they had witnesses, the third man said that he did not know to whom the thing belonged.
Hence, the two were to cast lots. The one whose name was drawn was to swear an oath and
the thing was to be handed over to the person after that. The question arises that this
situation calls for the plaintiff to swear an oath while this is the responsibility of the
defendant. This is because each of the two plaintiffs rejected the other's claim and the rule is:
وَالْيَمِيْنُ عَلَى مَنْ آَنْگرَ
(The oath is to be taken by one who rejects).
Both these possibilities are from the apparent meaning of the hadith. As for the juristic
point of view, Sayyiduna Ali رضى الله عنه held these opinions, but Imam Shafi'i رضى الله عنه ruled that
in such cases the judge must let the third mari retain that thing, and neither of the plaintiffs
must be given anything. Imam Abu Hanifahusa », ruled that the disputed thing should be
given to the two plaintiffs, half and half. But, some people assert that Imam Ahmad que an->,
and Imam Shafi'I As a +, have two views one of which coincides with the opinion of
.رضى الله عنه and the other with the ruling of Imam Abu Hanifah رضى اله عنه Sayyiduna Ali
The hadith of Sayyidah Umm Salamahy à >> (#3770) that follows (after the next) upholds
the ruling of Imam Abu Hanifah can», and his disciples.
SECTION II
الفضلُ الثَّانِئ
PLAINTIFF IS RESPONSIBLE FOR PRESENTING WITNESS AND DEFENDANT FOR
TAKING OATH
(٣٧٦٩) عَنْ عَمْرٍ وبْنِ شُعَيْبٍ عَنْ آَيْهِ عَنْ جَدِّهِ أَثَّ النَّبِىِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ الْبَيِّنَةُ عَلَى المُدَّعِيّ
وَالْيَّمِيْنُ عَلَى المُدَّغِى عَلَيْهِ- (رواه الترمذى)
1 Bukhari #2674.
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3769. Sayyiduna Amr ibn Shu'aybus a +, reported from his father that his
grandfather narrated that the Prophet صلى الله عليه وسلم said, "Providing testimony is the
responsibility of the plaintiff while the oath is to be sworn by the defendant."1
WHEN TWO PEOPLE CLAIM SOMETHING
(٣٧٧٠) وَعَنْ أُمِّ سَلَمَةَ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِي رَجُلَيْنِ اخْتَصَمَا إِلَيْهِي مَوَارِيْثَ لَمْ تَكُنُ لَّهُمَا بَيِّئَةٌ إِلََّ
دَعْوَاهُمَا فَقَالَ مَنْ قَضَيْتُ لَهُ بِشَىْءٍ مِنْ حَقِّ آَخِيْءٍ فَإِنَّمَا اقْطَهُ لَهُ قِتْعَةً مِنَ النَّارِ فَقَالَ الرَّجُلَانِ كُّ وَاحِدٍ مِنْهُمَا
يَا رَسُوْلَ اللّهِ حَقِّى هذَا الِصَاحِى فَقَالَ لَا وَلَكِنُ إِذْهَبًا فَاقْتَِّمَا وَتَوَخِيَا الْحُقّ تُؤَّ اسْتَهِمَا تُؤَّ لِيُكَلِّلُ كُلُّ وَاحِدٍ
مِنْكُمَا صَاحِبَهُ وَفِيْ رَوَايَةٍ قَالَ إِنَّمَا أَقْفِئْ بَيْتَكُمَا بَرائِئْ فِيْمَا لَمْ يُنْزَلَ عَلَى فِيمِ(رواهابوداود)
3770. Sayyidah Umm Salamah رضى الله عنها narrated from the Prophet صلى الله عليه وسلم about
two men who brought to him a dispute about inheritances, neither of whom had
any evidence except their (respective) claim. He said, "If I judge in favour of one
(of you) concerning what (actually) is his brother's right, then I (really) apportion
for him something of hell-fire (nothing more)." (In other words, if anyone
knowingly files a false claim and I decide on the basis of the law going by his fake
oath or testimony, then he gets a flame of hell-fire.) So (on hearing that), both the
men said, "O Messenger of Allah, let my right go to my brother!" He said, "No! go
and divide it, and (if there is disagreement on which portion should go to whom)
draw lots and each of you should forgive his companion his own right (that may
have gone to him)."
According to another version: He said, "I only decide between the two of you by
my (opinion and ) judgement concerning which no revelation is sent down to me."2
JUDGEMENT IN FAVOUR OF POSSESSOR
(٣٧٧١) وَعَنْ جَابِرِ بُنِ عَبْدِ اللَّهِ آَّ رَجُلَيْنِ تَدَ اعَيَادَاتَّةَّ فَقَامَ كُلُّ وَاحِدٍ مِنْهُمَا الْبَيِّنَةَ إِنَّهَا دَاكَّتُهُ نَجَّهَا
فَقَضَى بِهَا رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لِلَّذِىُ فِ يَدِهِ- (رواه فى شرح السنة)
3771. Sayyiduna Jabir ibn Abdullah As a , narrated that two men claimed an
animal and each of them presented his evidence, (saying that) it was the offspring
of one of his beasts. So, Allah's Messenger صلى الله عليه وسلم passed judgement that it
should be retained by him who possessed it. 3
COMMENTARY: Some ulama (Scholars) go by this hadith and say that of the disputants,
he should be preferred in whose possession the thing disputed lies. However, this is not
so. The correct thing is that this command applies only when the disputed thing is an
animal to which the disputants lay claim to having been sired by their stallion or bull.
It is stated in Sharh us sunnah (Prophet's (,,le auto practice) that the ulama (Scholars) say,
about an animal or a thing whose ownership is claimed by two people and it is in the
hands of one of them, that the right of the possessor will be preferred and he will be asked
1 Tirmidhi # 1341.
2 Abu Dawud # 3584, Musnad Ahmad 6-230. (Abu Dawud has only the second version)
3 Baghawi in Sharh us-Sunnah (Prophet's صلى الله عليه وسلم practice) # 2504, Daraqutni #21.

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to swear an oath. However, if the other person substantiates his claim by witnesses that the
animal or thing belongs to him and not to the possessor, then it will be handed over to this
other person. If both the disputants are equally vociferous and bring their evidences, then
the possessor will be allowed to retain that animal or whatever it is.
According to the Hanafi point of view then both disputants present their witnesses, the
witnesses of the possessor will not be entertained. Rather, those of the other claimant will
be trusted. The possessor will be made to hand over the disputed property to the other
claimant, if the dispute is not about siring of an animal in which case when each person
claims and substantiates his claim with evidence that his stallion or bull had sired the
disputed animal then the possessor will be permitted to retain it. Further, if they dispute
about something that is in the hands of each of them and they both claim full ownership to
it, then both will be asked to swear an oath and that thing will be divided between them
according to what each holds in his hand. Similarly, if none of them holds the disputed
thing while both of them claim if and produce enough evidence of ownership then it will
be divided between the two.
TWO CLAIMANTS OF SAME THING
(٣٧٧٢) وَعَنْ آَبٍ مُؤْسِى الْأَشْعَرِيِّ أٌَ رَجُلَيْنِ إِذَّعَيَا بَعِيًُّا عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ
فَبَعَثَ كُلُّ وَاحِدٍ مِنْهُمَا شَاهِدَيْنَ فَقَسَمَهُ النَّبِىُّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ بَيْتَهُمَا نِصْفَيْنِ رَوَاهُ آبوداۈدَ- وَفِى
رَوَايَةٍ لَهُ وَ لِلنََّائِيِّ وَابْنِ مَاجَةً أَكَّ رَجُلَيْنِ إِذَّعَيَا بَعِيْرًّا لَيْسَتْ لِوَاحِدٍ مِنْهُمَا بَيْنَةٌ فَجَعَلَهُ النَّبِىُّ صَلَّى
اللَّهُ عَلَيْهِ وَسَلَّمَ بَيْنَهُمَّا-
3772. Sayyiduna Abu Musa Ash'aryus & », said that two men laid claim to a camel
in the time of Allah's Messenger ,,led Lo. Each of them presented two witnesses.
So, the Prophet صلى الله عليه وسلم divided it into halves between them.
According to another version: Two men claimed ownership of a camel. But, neither
of them had a witness (or proof). So, the Prophet صلى الله عليه وسلم decided that both of
them should share it equally.1
(second version of ) Abu Dawud # 3613.
COMMENTARY: Khattabi us à >, says that perhaps the camel may have been in
possession of both men.
Mulla Ali Qarius ano, says that perhaps the camel was in the hands of a third man who
may have had a dispute with these two about it.The two versions perhaps refer to two
different incidents. The first says that they each had their witnesses while the second says
that they had no witnesses. Or, it is the same incident but when they produced their
witnesses, they turned hostile and in disagreement with one another, so the two men were
at par with those who had no witnesses. Hence, none of the claimants qualified to be
preferred.
Ibn Maalikus a+, says about the camel being shared that if two people claim the same
thing and:
(i)
none of them has witnesses, or,
1 Abu Dawud # 3615(second version) Nasa'I # 5424, Ibn Majah # 2330,
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(ii)
both have witnesses and that disputed property is in the hands of both of
them, or,
(iii)
none of them holds it in his hands-
Then it should be divided between the two of them half and half (so they will use it equally).
(٣٧٧٣) وَعَنْ آَيْ هُرَيْرَةَآَّ رَجُلَيْنِ إِخْتَصَمَا فِيْ دَابَةٍ وَلَيْسَ لَّهُمَا بَيِّنَةٌ فَقَالَ النَِّيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ
اسْتَهِمَا عَلَى الْيَمِيْنِ-(رواه ابوداود وابن ماجة)
3773. Sayyiduna Abu Hurayrah ws », narrated that two men disputed about (the
ownership of) an animal, but neither of them had a proof. So, the Prophet le al.
u said, "Cast lots about the oath." (He whose name is drawn will take an oath and
the decision shall be made in his favour.)1
COMMENTARY: See hadith # 3768.
OATH OF THE DEFENDANT
(٣٧٧٤) وَعَنِ ابْنِ عَبَّاسِ أَثَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لِرَجُلٍ حَلَّقَةُ إِحْلِفُ بِاللّهِ الَّذِى لَا إِلهَ إِلَّا
هُوَمَا لَهُ عِنْدَكَ شَىْءٌ يَعْنِى لِلْمُذَعي-(رواه ابوداؤد)
3774. Sayyiduna Ibn Abbas رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said to a
man whom he had instructed to take an oath, "Swear by Allah besides whom there
is no God that you do not have anything belonging to him," meaning the plaintiff.2
COMMENTARY: As stated earlier, if the plaintiff does not produce evidence to
substantiate his claim and the defendant challenges him then it is necessary for the latter to
take an oath. He will swear, "I swear by Allah, the One other than whom no one is worthy
of worship, that this man (the plaintiff) has made a claim on me that is not based on facts.
He has no right pending on me."
The oath will be taken by the qadi (judge). A Muslim will be made to swear on Allah, the
One; a Christian on the God of the Bible; a Jew on the God of the Torah; and a Majusi
(Magian) and the others on God.
The oath of the defendant will be delieved in any case whether he is pious or a sinner,
truthful or liar. But if the judge knows through true testimony that his oath is false, then
his oath will become in valid.
EVEN A LIAR DEFENDANT HAS A RIGHT TO TAKE AN OATH
(٣٧٧٥) وَعَنِ الاشْعَثِ بُنِ قَيْسٍ قَالَ كَاتَ بَيْنِي وَبَيْنَ رَجُلٍ مِنَ الْتَّهُوُدِ آَرْضْ فَحَجَدَ نِيْ فَقَدَّمْتُهُ إِلى النَِّيِّ صَلَى
اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَّالَ أَلَّكَ بَيِّنَةْ قُلْتُ لَا قَالَ لِلْتُهُوْدِيِّ إِحْلِفْ قُلْتُ يَا رَسُوْلَ اللَّهِإِذَنْ يَخْلِفُ وَيَذْهَبُ بِمَالِى
فَأَنْزَّلَ اللَّهُ تَعَالِى إِنَّ الَّذِينَّ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِمُ ثَّمَنَّا قَلِيْلًا - الْآيَةُ- (رواه ابوداؤد وابن ماجة)
3775. Sayyiduna Ash'ath ibn Qays we al+, said that he owned a piece of land in
partnership with a Jew but he denied the right of Ash'ath us al+, (to the land). So,
he took him to the Prophet صلى الله عليه وسلم who asked him, "Do you have witness (or
1 Abu Dawud # 3618, Ibn Majah # 2346, Musnad Ahmad 2-289.
2 Abu Dawud # 3620.

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proof)." He said, "No!" Then, he said to the Jew, "Take an oath." Ash'ath us anse,
submitted, "O Messenger of Allah in that case he will swear and go away with my
property." But, Allah the Exalted (had) revealed (concerning a similar case
mentioned in hadith # 3759) the verse:
إِّ الَّذِيْنَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمُ ثَّمَنَّا قَلِيْلًا (الاية)
(Surely, those who barter Allah's covenant and their oaths, for a small price ... }1
COMMENTARY: The verse cited here was revealed at the time of the incident mentioned
.(رضى اللهعنه in the hadith # 3759 (of Ibn Mas ud
WARNING TO USURPER THROUGH FALSE OATH
(٣٧٧٦) وَعَنْهُ أَبَّ رَجُلًا مِنْ كِنْدَةً وَرَجُلًا مَنْ حَضْرَ مُوْتَ اخْتَصَمَا إِلَى رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِى
أَرْضِ مِنَ السَّمَنَ فَقَالَ الْمُضْرِمُ يَا رَسُولَ اللُّهِثَّ ارُضِى ◌ِغْتَصَبَنِيُّهَا أَبُوهُذَا وَهِىَ فِ یَدِهِ قَالَ ھَلْ لَكَ بَيِّنَةٌ
قَالَ لَاَ ولَكِنْ أُخَلِّفُهُ وَاللَّهِ مَا يَعْلَمُ آَتَّهَا أَرْضِى إِخْتَصَبَنِيُّهَا أَبُوْهُ فَتَهَيَّأُ الْكِنْدِىُّ لِلْيَمِيْنِ فَقَالَ رَسُولُ اللَّهِ صَلَّى
اللّهُ عَلَيْهِ وَسَلَّمَ لَا يَقْطَهُ أَحَدْ مَا لَّا بِيَمِينٍ إِلَّا لَقِيَ اللهَ وَهُوَ أَجْذَمُ فَقَالَ الْكِنْدِىُّ هِىَ آَرْضُه (رواهابوداؤد)
3776. Sayyiduna Ash ath ibn Qays ws dl+, narrated that a man of Kindah and a man
of Hadramawt brought to Allah's Messenger صلى الله عليه وسلم a dispute about a piece of
land in Yemen. The man of Hadramawt pleaded, "O Messenger of Allah, this man's
father snatched my land from me and it is now in his hands." He asked, "Do you
have witnesses?" He said, "No, but I do ask him to swear by Allah that he is not
aware that it is my land that his father had taken from me by force. The man of
Kindah prepared to take the oath, but Allah's Messenger صلى الله عليه وسلم warned (him).
"No one takes away (anyone's) property by a false oath but he will meet Allah with
his hand cut off." The man of Kindah exclaimed, "That is his land."2
(جذام) The word. (الا لقى الله وهواجذم) COMMENTARY: The Arabic words of the hadith are
(judhaam) is the malady 'leprosy'. The climbs are dis figured and discoloured and decayed.
But, the root word of (atix) is (pis) (jadham) which means 'to cut' and 'to cut quickly.' It also
means' to sever the hand or 'amputated hand.' In this hadith it is used in this last sense,
and it means 'to lack blessing' and 'to be without any good.' It is as in a hadith:
مَنْ تَعَلَّمَ الْقُرْأنَ ثُؤَّ نَسِيَّهُ لَقِيَ اللَّهَ وَهُوَ أَجْذَهُ
(He who learns the Quran but after that forgets it, will meet Allah while his hand
is severd.)3
Some people however, say that here the word means (مقطوع الحجة) (having no proof, no
argument). That man will meet Allah with nothing to prove his religion and fear of Allah to
be able to get deliverance. He will not have a tongue to makes his submission and plea.
PERJURY IS A GRAVE SIN
(٣٧٧٧) وَعَنْ عَبْدِ اللَّهِ بْنِ أُنَيِّسٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِثَّ مِنْ أَكْبَرِ الْكَبَائِرِالشِّرُكَ
1 Tirmidhi # 2996, Abu dawud # 3621, Ibn Majah # 2322, Musnad Ahmad 5-211.
2 Musnad Ahmad 5-212 Abu Dawud # 3622.
3 The hadith in Abu Dawud is similar # 1474.
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بِاللّهِ وَعُقُوْقَ الوَالِدَيْنِ وَالْيَمِيْنَ الْغَمُوْسَ وَمَا حَلَفَ حَالِفٌ بِاللَّهِيَمِيْنَ صَبْرٍ فَادْخَلَ فِيُهَا مِثْلَ جَنَاحِ بَعُوْضَةٍ
إِلَّا جُعِلَتْ نُكُتَّةُ فِيْ قَلْبِهِ إِلَى يَوْمِ القِيَامَةِ - رَوَاهُ التِّرْمِذِىُّ وَقَالَ هُذَا حَدِيْثُ غَرِيْبْ.
صلى الله narrated that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Unays .3777
gule said, "Among the gravest of the major sins are (i) to ascribe a partner'to Allah,
(ii)to displease parents (and disobey them), and (iii) to swear a false oath. Whoever
swears an oath on Allah, a firm oath (or an oath under compulsion of some sort)
including therein so much lie as a gnat's wing (which is very insignificant) then a
spot grows in his heart till the day of resurrection" (for which he will have to
account in the hereafter).1
COMMENTARY: The word (غموس) ghamus is from (غمس) ghams 'to dive' (يمين غموس) (yamin
ghamus) is to take a false oath on something past intentionally.,
The Hanafis say that one who swears in this way does not have to make an atonement, but
he must make a repentance and seek forgiveness, and resolve not to swear a false oath
anymore, because this kind oath will lead to hell. This oath is called ghamus because one
who swears it will be made to dive in hell. Further, the false oath that is taken to snatch
someone's property is akin to this oath ghamus.
Yamin sabr („ .. )=) is an oath under compulsion (when one is confined or is helpless) or it
is a 'firm oath'. This has been explained against the hadith # 3759. It is as bad as yamin
ghabus but no atonement is necessary for this oath, too. However, it makes one liable to
punishment in hell like the ghamus.
A spot grows in the heart of one who swears a false oath. It is like rust that will remain till
the last day. In the hereafter, this man will be punishment. One must ponder that when as
infinitesimal lie can cause chastisement of this magnitude then what are the consequences
of bold falsehood.
The Prophet صلى الله عليه وسلم mentioned three things as among the gravest of the grave sins.
Then he sounded a warning for the last mentioned to make it clear that it is one of the most
serious sins so that people may not consider it to be lighter than attributing a partner to
Allah and disobeying parents.
We shall see the same thing in the hadith of Sayyiduna khuzaymah ibn Fatik us an (+)
(#3779) to follow. It puts false testimony at par with polytheism.
(٣٧٧٨) وَعَنْ جَابِرٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ لَا يَخْلِفٌ أَحَدْ عِنْدَ مِنْبَرِى هَذَا عَلَى يَمِيْنٍ أَثِمَّةٍ
وَلَوْ عَلَى سِوَاتٍ أَخْضَرَ إِلَّا تَبَوَّ أَ مَفْعَدَةٍ مِنَ الثَّارِ أَوْ وَجَبَتُ لَهُ النَّارُ - (رواه مالك وابوداود وابن ماجة)
3778. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, 'If
anyone swears a false oath near this my pulpit even for a green siwak, then he
arranges for his seat in the fire (of hell)." Or, he said, 'The fire of hell becomes
wajib (obligatory) for him."2
COMMENTARY: The pulpit of the Prophet صلى الله عليه وسلم is mentioned specifically because
that is a sacred place where the sin of a false oath is accentuated. However a false oath is a
1 Tirmidhi # 3020 (3031), Musnad Ahmad 3-495.
2 Abu dawud # 3246, Ibn Majah # 2325, Muwatta Maalik # 36. 8-10.

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sin wherever it is sworn and warrants punishment.
The green siwak is the most insignificant thing. When it dries, it appreciates in value.
Anyway a siwak is a very cheap thing especially before it dries. So, if afalse oath over it is
punishable in hell then what may be said of a daring false oath in the courts of law?
FALSE TESTIMONY IS LIKE ASCRIBING PARTNER TO ALLAH
(٣٧٧٩ -٣٧٨٠) وَعَنْ خُرَيُمِ بْنِ قَاتٍِ قَالَ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ صَلَاةَ الشُّبْحِ فَلَتَّا انْصَرَفَ قَامَ قَائِمًّا فَقَالَ
عُدِلَتُ شَهَادَةُ الزُّوْرِ بِالْإِشْرَاكِ بِاللّهِ ثَلَاثَ مَرَّاتٍ ثُقَّ فَرَأَ فَاجْتَنِبُوا الرِّجُسَ مِنَ الْأَوْثَانِ وَاجْتَنِبُوا
قَوْلَ الزُّوْرِ حُنَفَاء لِلّهِ غَيْرَ مُشْرِكِيْنَ بِهِ- رَوَاءُ أَبُودَاوُدَ وَابْنُ مَاجَةً وَرَوَاهُ أَحْمَدُ وَالتِّرْمِذِىُّ عَنْ آَيْمَنَ بُنٍ
خُرَيٍْ إِلَّ ◌َكَّ ابْنَّ مَاجَةٌ لَمْ يَذْكُرِ القِرَاءَ
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Khuraym ibn Fatik .3779
, offered the salah (prayer) of the morning (fajr). When he finished he stood up (to
address the Sahabah (Prophet's Companions) ( dn >) and said three times, "False
testimony is made equivalent to ascribing a partner to Allah." Then he recited:
فَاجْتَنِبُو الرِّجْسَ مِنَ الْأَوْثَانِ وَاجْتَنِبُوا قَولَ الزُّورِ حُنْقَاءلِلّهِغَيْرُهُشْرِكِئْنَ په
{So shun the abomination of the idols and shun the speaking of falsehood, being
upright men of pure faith, not associating anything with Him.} Ibn Majah did not
mention the recital.1
3780. Sayyiduna Ayman ibn Khuraym رضى الله عنه also narrated it.2
COMMENTARY: To associated partner with Allah and to bear false witness are equally
sinful. The reason is that associating a partner with Allah is to forge a lie against Him.
Certainly this is not allowed. Thus, both these things are non-existent, so the same
command applies to both.
TESTIMONY THAT ARE REJECTED
(٣٧٨١) وَعَنْ عَائِشَةً قَالَتْ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا تَجُوزُ شَهَادَةُ خَائِنٍ وَلَّا خَائِنَةٍ وَلَّا مَجُلُودٍ
حَدَّاوَلَا ذِىْ غِمْرٍ عَلَى آَخِيُهِ وَلَّاظَنِيْنٍ فِي وَلَاء وَلَّا قَرَابَةٍ وَلَّا الْقَانِعِ مَعَ أَهْلِ الْبَيْتِ - رَوَاءُ التِّزْمِذِىُّ وَقَالَ
هُذَا حَدِيْنْ غَرِيُبْ وَيَزِيدُبْنُ زِيَادِ الدِّمَشْقِيُ الرَّاوِئْ مَنْكَّرُ الْحَدِيْثِ.
3781. Sayyidah Ayshah رضى الله عنها narrated that Allah's Messenger صلى الله عليه وسلم said,
"The testimony of these people is not admissible:
(i) A deceitful man or a deceitful woman,
(ii) One who has been awarded the lashes for violating the limits (hadd
(prescribed punishment)) for slander,
(iii) An enemy who hates his (Muslim) brother,
(iv) One who is suspected regarding wala ( allegiance) that he claims.
(v) One who is suspected about relationship
1 Abu Dawud # 3599,Ibn Majah # 2372.
2 Tirmidhi # 2300 (2306), Musnad Ahmad 4-321.

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(vi) One who is dependant on a family.1
COMMENTARY: According to Islam, it is as necessary for a witness to be just as it is for a
judge and ruler to be just because testimony is such an important means as enables the
court to arrive at a just decision. The people mentioned in the hadith do not measures to
the standard of justice, so their testimony is termed unacceptable.
KHA'IN: The deceitful people are they who commit treachery when trusts are placed with
them. They are notorious for this and commit this crime very often, for otherwise treachery
is not generally detected by men though it cannot be concealed from Allah.
SINNER: Some authorities say that in this hadith (>) deceiver who commits (UL-)
Khiyanah deception or treachery is said to have committed sin whether a grave sin or a
minor sin persistently, Or, he neglects to observe commands of Shariah and prescribes
duties of religion.
AMANAH: Indeed, Allah has described the commands of religion as amanah (trust)as in
the verse:
إِنَّا عَرَضُنَا الْأَمَانَةَ عَلَى السَّمْوَاتِ وَالْأَرْضِ - (الاحزاب ٣٣: ٢٪)
{Surely, we offered the trust to the heavens and the earth ... }
KHIYANAH: He has described failure to obey the commands of religion as Khiyanah
(deception, betrayal, treachery) as in the verse:
لَا تَخُونُوا اللَّهَ وَالرَّسُوْلَى وَتَخُوْ نُوْآ آَمَانَاتِكُمُ - (الانفال ٢٤:٨)
{Betray not Allah and the Messenger صلى الله عليه وسلم nor betray your trusts.]
In this case, first, the hadith would mean that those who do not obey and observe the
commands and duties of Shariah and religion, or who perptrate major sins, or persistently
commit minor sins, their testimony is inadmissible.
Secondly a hadith that follow mentions illicit sexual intercourse (zina u;) after treachery
(at). We may say about it that after 'generalising', it 'confines' or 'delimits'.
FISQ: The scholars maintain that it is better to understand Khiyanah (treachery) as (3-3)
fisq (transgression, lasciviousness) otherwise all the other evils and sins will remain
untreated, though their commission disqualifies the perpetrator from giving testimony.
Mentioning only treachery does not cover the entire prohibition.
SLANDER: The person who is one awarded the lashes for slander is one who accuses an
innocent woman of having committed adultery or fornication. The hadd (prescribed
punishment) qadhf (which is punishment for false accusation of unchasitity) was imposed
on him. His testimony is inadmissible even if he has repented from his sin.
RULINGS: Imam Abu Hanifah at , rules that apart from hadd (prescribed punishment)
qadhf (i), there is enough latitude for anyone who has been awarded any other hadd
(prescribed punishment) (prescribed punishment) and has made a repentance for his sin that
his testimony is admissible. As long as he does not repent, however, his testimony is not
accepted. It is not so for one who has been awarded hadd (prescribed punishment) qadhf, for
even after he repents, his testimony is never accepted.
1 Tirmidhi # 2298 (2305)

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Other imams, however, rule that the same principle applies whatever kind of hadd
(prescribed punishment) has been awarded to anyone. When he makes a repentance for his
sin, his testimony will be accepted even if he was awarded punishment of lashes for
slandering an innocent woman; or for any other sin.
ENEMY: When two people bear animosity to one another, their testimony for one another
is not acceptable. This is applicable even if they are real brothers, or strangers, meaning
brothers in religion.
WALA:
If anyone is suspected regarding wala then it is a slave freed by his (or her)
master but he (or she) attributes the freedom to a third person, not to the real master. This
is a lie and it is well-known that he (or she) lies. People suspect him (or her) of a false
attribution. The testimony of such a person is not accepted because he is a fasiq (sinner) on
that account. Therefore, to cut off the wala (or right) of one who sets free and attribute it to
someone else who has not set sin. A person who does so is severely warned and must
desist from doing it.
FALSE RELATIONSHIP: The same applies to anyone who traces for himself a false
relationship like calling another person his father who is not his father. His lie is a fisq. One
who ascribes parentage to another falsely is cursed.
DEPENDENT ON ANY: The sixth kind could mean a beggar who is content with just
satisfying his hunger or whose sustenance depends on a single family and/or he ha
become of one house, meaning family.
However, this hadith does not mean any of these persons but refers to one who is
dependant on someone for his provision. He depends on him for his living, like a servent.
The testimony of such a person will not be admissible for his employers or benefactors. The
reasons are: (i) He might be partial to them and favour them. (ii) He benefits from what
they get by his giving testimony in their favour.
Hence, it is like the mutual testimony of father and son, or of the spouses. Their testimonies
for one another are not acceptable, because any benefit that accrues to one spills over to the
other too.
However, it must be known that the testimony of brothers for one another is correct and
acceptable.
One of the narrators of this hadith Yazid ibn Ziyad Damishqi is munkar ul hadith. It
implies that his hadith is munkar (unknown) and it is stated in Sharh Nakhbah that if a
narrator commits a gross mistake, or is excessively negligent or forgetful, or is known for
his fisq (sin) then the hadith that he narrates is called munkar.1
(٣٧٨٢) وَعَنْ عَمْرٍ وبْنِ شُعَيْبٍ عَنْ آَبِيُّهِ عَنْ جَدِّهِ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا تَجُوزُ شَهَادَةُ خَائِنٍ وَلَّا
خَائِنَةٍ وَلَّا زَانٍ وَلَّا زَانِيَةٍ وَلَّا ذِىٌ غِمٍ عَلَى آَخِيُهِ وَرَدَّ شَهَادَةً القَانِعِ لِاَ هُلِ الْبَيْتِ- (رواه ابوداؤد)
3782. Sayyiduna Amr Ibn Shu'ayb & os, narrated from his father from his
grandfather that the Prophet ,,lea . said, "The testimony is not acceptable of
(i) A deceitful man or a deceitful woman,
1 According to Mu'jam Lughat ul Fuqaha, munkar hadith is 'a denied hadith. According to Qamus al
Alfaz al Islamiyan, it is a denied hadith whose weak narrator contradicts the narrations of a trusty
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(ii) In adulterer or an adulteress (married or unmarried man or woman who
have unlawful intercourse),
(iii) An enemy who has a grudge against an enemy." and, he rejected the
testimony of one who was dependant on a family (for that family).1
VILLAGER'S TESTIMONY FOR A TOWNSMAN
(٣٧٨٣) وَعَنْ أَبٍ هُرَيْرَةَ عَنْ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا تَجُوزُ شَهَادَةُ بَدَوِيٍّ عَلَى صَاحِبٍ قَرُیَةٍ۔
(رواه ابوداود وابن ماجة)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3783
said. "the testimony of a desert villager is not admissible for a city dweller."2
COMMENTARY: The desert dweller is generally ignorant of the commands of Shari'ah
(divine law) and does not come up to the standards of a witness. Also, he is liable to forget
and neglect. However if he is a responsible man, Just and measures to the standards of a
witness then his testimony is acceptable.
Imam Maalik & de, goes by the apparent meaning of this hadith. He rules that the
testimony of a villager is not acceptable for a townsman or city dweller, or against him.
Other imams, however, hold what we have stated in the foregoing lines about a learned
villager. They explain the hadith to be qualified with the exceptions we have mentioned.
PRESENT YOUR CASE WISELY
(٣٧٨٤) وَعَنْ عَوْفٍ ابْنِ مَالِكٍ أَثّ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَفِى بَيْنَ رَجُلَيْنِ فَقَالَ المَقْفِىُّ عَلَيْهِ لَّمَّا أَدْبَرّ
حَسِْىّ اللهُ وَنِعْمَّ الَوَكَيْلُ فَقَالَ النَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِنَّ اللَّهُ تَعَالِى يَلُومُ عَلَى الْعَجُزِ وَلَكِنْ عَلَيْكَ
بِالْكَيُس فَإِذَا غَلَبَكَ أَمْرٌ فَقُلْ حَسْسِىَ اللهُ وَنِعْمَ الْوَکِیُلُ۔(رواه ابوداؤد)
صلى الله عليه وسلم narrated that the Prophet رضى الله عنه Sayyiduna Awf ibn Maalik .3784
pronounced judgement (in a case) between two men. He against whom he
judgement was pronounced said as he turned to depart (from the place):
حَسِْيَ اللهُ وَنِعْمَ الوَكِيْلُ
{Allah is sufficient for us and He is an excellent Guardian.} (3: 173)
On that, the prophet صلى الله عليه وسلم said, "Allah blames the stupid and careless. Use
common sense. When you are in difficulty say:
حَسِْىَ اللهُ وَنِعْمَ الْوَكِيْلُ
{Allah is sufficient for us and He is an Excellent Guardian}"3
COMMENTARY: Perhaps it was a debtor's case. He might have repaid the dept but had
not procured a receipt of repayment or made anyone witness for it. The creditor had proof
and presented his case before the Prophet صلى الله عليه وسلم, so he decided in his favour. The
debtor called out the words meaning, "Allah is sufficient ... " to complain that the plaintiff
1 Abu Dawud # 3600, Ibn Majah # 2366, Musnad Ahmad 2-181.
2 Abu Dawud # 3602, Ibn Majah # 2367.
3 Abu Dawud # 3627, Musnad Ahmad 6-25.

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had cheated him.
The Prophet Lylealo was displeased at that and remarked that is not good to be careless
in one's affairs. Allah condemns such a person. He cautioned him to exercise good
judgement in his dealings with people.
When any one is careless, Allah is displeased. He has blessed man with intellect and
commonsense and this blessing calls on him to use them. If any one happens to commit a
lapse because of carelessness then he must not sigh, "Allah is sufficient ... " Rather, these
words must be spoken when one has tried all ways to get his objective and used all options
to achieve it. And, when he fails after that to get his ambition then he must say:
حَسِْىَّ اللهُ وَنِعْمَ الْوَكِيْلُ
ACCUSED MAY BE IMPRISONED
(٣٧٨٥) وَعَنْ بَهْزِبْنِ حَكِيٍُّ عَنْ أَبِيٍُ عَنْ جَدِّمٍ أَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ حَبَسَ رَجُلَّافِ ثُمَةٍ - رَوَاءُ
أَبُودَاوُدَ وَزَادَ التِّزْمِذِىُّ وَالنَّسَائِىُّ ثُمَّ خَلَى عَنْهُ-(ابوداؤد)
3785. Sayyiduna Bahz ibn Hakim av-, reported from his father that his grandfather
narrated that the Prophet صلى الله عليه وسلم imprisoned a man on an accusation.1
According to another version: He then set him free.2
COMMENTARY: The man may have been accused by someone. So, the prophet le a.
, confined him till such time as he obtained the testimony of witnesses. When the
plaintiff failed to produce any witness, the prophet ,a. (set the man at liberty, and)
acquitted him. We learnt from this hadith that it is allowed to imprison an accused.
SECTION III
الفَصلُ الثَّالِثُ
BOTH PLAINTIFF & DEFENDANT MUST BE PRESENT BEFORE RULER
(٣٧٨٦) عَنْ عَبْدِ اللَّهِ بْنِ الزُّبَيْرِ قَالَ قَفى تَسُولُ اللهِ صَلَى اللَّهُ عَلَيْهِ وَسَلَّمَ أَثَّ الَضْمَيْنِ يُقْعَدَانٍ بَيْنَ
یدی الحاکِمِ۔ (رواه احمد وابوداؤد)
صلى الله عليه said that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Zubayr .3786
, decreed that both contending parties (plaintiff and defendant) must sit before
the judge (or ruler who judges).3
COMMENTARY: Teebi als, said that nothing is more difficult for a judge than to be
impartial to both the disputants and to treat them at par when their case is before him.
1 Abu Dawud # 3630.
2 Tirmidhi # 1471 (1422), Nasa'i # 4891.
3 Abu Dawud # 3588.

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بسم الله الرحمن الرحيم
BOOK - XVIII
"JIHAD"
كِتَابُ الْجِهَادِ
MEANING OF JIHAD (CRUSADE): The dictionary meaning of (+) jahd, and (>=) jihad
(crusade) is a 'bear pains' (or hardship) and 'endure more than one's strength' Imam Raghib
gives this meaning:
الْجِهَادُ إِسْتِقْرَاءُ الْوُسْعِ فِيْ مُدَافَعَةِ الْعَدُوِّ
(Jihad (crusade) is to repulse on attacking enemy with extreme force).
In the terminology of Shari'ah (divine law), jihad (crusade) is to use one's strength in a battle
fought against the disbelievers by offering one's life, or supporting with one's property, or
suggesting a strategy with one's mind and acumen, or simply enlisting in the Muslim army
and increasing its manpower, or helping and encouraging the Muslim army against the
enemies of Islam in any way other than these.1
THE GOAL OF JIHAD (CRUSADE): The aim of jihad (crusade) is to keep aloft the word of
Allah always. The banner of Islam may fly on Allah's earth perpetually, and the claims of
His rebels may be obliterated.
THE COMMAND OF JIHAD (CRUSADE): Jihad (crusade) is fard (compulsory) Kifayah
(which means if some take part in jihad (crusade), other will be absolved of the duty).
However, if a general call is made to enlist when the infidels attack a Muslim city or the
Islamic state then jihad (crusade) is fard (compulsory) ayn on all Muslims (meaning that
every individual will have to participate with the Muslim army). It makes no difference
whether the one who issues the command to enlist is a virtuous, just man or a sinner. It
becomes wajib (obligatory) on all citizens of the city and the state to fight the enemy and
participate in jihad (crusade). It will also become wajib (obligatory) on those people who
reside in the neighbourhood of that city or state, if its own residents are not enough to
tackle the enemy and protect their city and state, or they are sluggish and careless and
sinful in discharging their responsibilities to fight the foe and defend their territory. It is
like the case of a funeral. Preparing, bathing and shrouding the corpse and offering the
funeral salah (prayer) is wajib (obligatory), in the first instance, on the people of the
neighbourhood of the dead person. If they are unable to bear this responsibility, then it is
wajib (obligatory) on the citizen to do these things. It is the same when Muslims of a
territory are faced against the infidels and cannot cope with them for lack of strength or
courage, it is wajib (obligatory) on neighbouring Muslim to shoulder the responsibility of
jihad (crusade). Rather, it becomes wajib (obligatory) on all Muslims between the east and
the west to join the jihad (crusade) and defend the dignity of Islam and Muslims and rout
the enemy of religion.
1 The vocabulary of the Quran compiled by Dr Abdullah Abbas al Nadvi defines: jihad as 'struggle,
strive. Jahd as 'to exert oneself, endeavor.' Dar ul Isha'at Karachi.

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الفضل الآول
SECTION I
THE MOST EXCELLENT JIHAD (CRUSADE)
(٣٧٨٧) عَنْ ابٍ هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنْ آمَنَ بِاللهِ وَرَسُوْلِهِ وَأَقَّامَ السَّلاَةَ
وَصَامَ رَمَضَانَ كَانَ حَقًّا عَلَى اللَّهِ اَنْ يُدْخِلَهُ الْجَنَّةَّ جَاهَدَ فِي سَبِيلِ اللُّهِ أَوْجَلَسَ فِ أَرْضِهِالَّتِی وُلِدُفِيهَا
قَالُو أَفَلَا نُبَشِّرُ بِهِ النَّاسَ قَالَ إِّ فِي الْجَنَّةِ مِائَةَ دَرَجَةٍ أَعَدَّهَا اللّهُ لِلْمُجَاهِدِيْنَ فِي سَبِئْلِ اللَّهِ مَابَيْنَ
الدَّرَجَتَيْنِ كَمَا بَيْنَّ السَّمَاءِ وَالْأَرْضِ فَإِذَا سَأَلْتُ اللّهَ فَسْأَ لُوْهُ الْفِرْدَوْسَ فَإِنَّهِ أَوْسَطُ الجِنَّةِ وَأَعْلَى الْجُنَّةِ وَقَوْقَهُ
عَرْشُ الرَّحْمنِ وَمِنْهُ تَفَجَّرُ اَلْهَارُ الْجَنَّةِ- (رواه البخارى)
صلى الله عليه وسلم narrated that Allah' Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3787
said, "He who believes in Allah and His Messenger (and the Shari'ah (divine law)
that he brought) and offers salah (prayer) and fasts in Ramadan, will be admitted
by Allah to paradise as binding on Him (because of the assurance He had given out
of compassion) whether he engages in jihad (crusade) (and emigrates) in Allah's
path or remains in his land where he was born (without engaging in jihad (crusade)
or hijrah - emigration)." They (the sahabah) us an .», submitted, "Shall we not
convey this glad tidings to the people?" He said, "Surely in paradise, there are one
hundred degrees that Allah had prepared for the mujahids (crusaders) (crusaders)
in Allah's path, between every two degrees is a distance as between heaven and
earth. So, when you ask Allah (for a higher degree against Jihad (crusade)), ask Him
for Firdaws. Indeed, it is the best (portion) of paradise and its highest portion.
Above it is the throne of Ar-Rahman (The compassionate) and from it issue the
rivers of paradise." (He meant the four things that are the essence of the rivers of
paradise: Water, milk, wine and honey. They issue from Firdaws is paradise)1
(Mujahid is a warrior who participates in jihad (crusade)).
COMMENTARY: Only salah (prayer) and fasting are mentioned in this hadith because they
are the most important of all prescribed duties and also because they are binding on all
Muslims whereas Hajj (pilgrimage) and zakah (Annual due charity) are obligatory only on
the rich who can afford.
It is clear that the Prophet ,la I spoke these words on the day of conquest of Makkah
because before that hijarah because before that hijrah (migration) (or emigration) was fard
(compulsory) on all Muslim.
(٣٧٨٨) وَعَنُّ أَبِي هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَثَلُ الْمُجَاهِدِ فِيْ سَبِيْلِ اللَّهِكَمَثَلِ القَّائِ
الْقَائِمِ الْقَانِتِ بِآيَاتِ اللَّهِ لَّا يَقْتُرُ مِنْ صِيَّامٍ وَلَّا صَلَاةٍ حَتَّى يَرْجِةَ الْمُجَاهِدُ فِيْ سَبِئْلِ اللهِ (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3788
said, "The example of the mujahid in Allah's path is like the one who fasts and
keeps vigil in the night in salah (prayer) and recites the verses of Allah thoroughly
and does not desist from fasting and salah (prayer) until the mujahid (crusader) in
1 Bukhari # 2790. Musnad Ahmad 2-335.
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Allah's path returns."1
COMMENTARY: From the time the mujahid leaves his home to participate in jihad
(crusade) till he returns, obviously he is not occupied all this time in jihad (crusade). He is not
always engaged in battle for Allah's sake because he takes time to eat and drink and to
sleep and to do other things. In spite of that, he is considered to be engaged in worship all
the time. Whatever, he does, rests, sleeps, laughs or enjoys his record of deed is credited
with reward.
(٣٧٨٩) وَعَنْهُ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ انْتَدَبَ اللّهُ لِمَنْ خَرَجَ فِي سَبِيْلِهِ لَا يُخْرِجُهُ إِلَّ
إِمَاْ بِيٍ وَتَصْدِيْقٌ بِرُسُلِى آْ ارْجِعَهُ بِمَا نَالَ مِنْ أَجْرٍ أَوْ غَنِيْمَةٍ أَوْ أُدْخِلَه الْجَنَّةَ - (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3789
said, "If anyone goes out in His path, Allah is his guardian (and He says) 'He does
not go out but because of faith in me and confirmation of My Messenger. (He does
not go out to show or to earn worldly possessions) I shall bring him back with
reward (or the hereafter), or booty. Or I shall admit him to paradise (if he is
martyred, without reckoning, with the first batch to enter paradise or immediately
on his death before the day of resurrection)."
(This is as found in the Quran:
ولا تقولوا لمن يقتل ......... بل احياء
(And say not of those who are slain in the path of Allah, "dead.' Nay, they are alive.)2
PROPHET'S صلى الله عليه وسلم DESIRE FOR MARTYRDOM
(٣٧٩٠) وَعَنْهُ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَالَّذِى نَفْسِى بِيِّدِه لَوْ لَا آَكَّ رِجَالًّاً مِنَ المُؤْمِنِيْنَ لَا
تَطِيْبُ أَنْفُسُهُمْ أَنْ يَتَخَلَّقُوا عَنِى وَلَّا أَجِدُ مَا أَحْمِلُهُمْ عَلَيْهِ مَا تَخَلَّفْتُ عَنْ سَرِيَةٍ تَغْزُوافِى سَبِيلِ اللّهِ
وَالَّذِى نَفْسِى بِّدِهِ لَوَدِدْتُ أَنْ أُقْتَلَ فِي سَبِيْلِ اللَّهِ ثُمَّ أُخْبِى ثُمَّ أُقْتَلَ ثُؤَّ أُخْبِى ثُمَّ أُقْتَلَ تُؤَّ أَحْبِى ثُمَّ أُقْتَلَ-
(متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3790
said, "By him I whose hand is my soul, if it was not that (those) man among the
believers (who are poor) would not be pleased at remaining behind me (and
separate from me) and I cannot find riding beasts for them, I would not stay behind
when an army goes ahead in Allah's path. By him in whose hand is my soul, I long
that I should be killed in Allah's path, then revived, again killed and revived, and
again killed."3
(This may happen repeatedly that I may earn reward again and again).
1 Bukhari # 2787, Muslim # 11-1878, Muwatta Maalik # 1 (Jihad).
2 (The verse is # 154 at Baqarah) Bukhari # 36, Muslim # 103-1870, Nasa'i # 5029, Darimi # 2391,
Muwatta Maalik # 2 (Jihad), Musnad Ahmad 2-117.
3 Bukhari # 2797, Muslim # 106. 1876, Nasa'i # 3152, Ibn Majah # 2753, Musnad Ahmad 2-273, "400
Ahadith Qudsiyah" # 174 (Darul Isha'at Karachi).

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COMMENTARY: This saying demonstrates the Prophet's صلى الله عليه وسلم immense desire to
take part in jihad (crusade). It also discloses why he did not participate in most of the battles
against the infidels. It was not possible to arrange enough beasts for all the Muslim who
would have accompanied him if he had joined each army.
SYMBOLIC PARTICIPATION IN JIHAD (CRUSADE) BETTER THEN EVERYTHING
(٣٧٩١) وَعَنْ سَهْلِ بُنِ سَعْدٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ رِبَاطٌ يَوْمٍ فِي سَبِئْلِ اللَّهِ خَيْرٌ مِنَ الدُّنْيَا
وَمَاعَلَيْهَا- (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Sahl ibn Sa'd .3791
said, "To stand guard at the frontier in Allah's path for a day is better than the
world and what it has."1
COMMENTARY: There could be one of two meaning:
(i)
One day's duty as a guard in jihad (crusade) is better then what is spent in
Allah's name. Or,
(ii)
The reward that will accrue for standing as guard in jihad (crusade) will surpass
the worth of the world and what it contains.
(٣٧٩٢) وَعَنْ آَنَسٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَقَدْوَةُ فِيْ سَبِئْلِ اللهِ أَوْرَوْحَةٌ خَيْ مِنَ الدُّنْيَا
وَمَا فِيْهَا- (متفق عليه)
3792. Sayyiduna Anas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "To
participate in jihad (crusade) in Allah's path for a morning or an evening is better
than the world and whatever it contains."2
COMMENTARY: If anyone goes along to wage jihad (crusade) merely one morning or an
evening than the reward he gets is everlasting and is better than the blessings of the world
which are ephemeral.
BETTER THAN FASTING ONE MONTH & VIGIL IN ITS NIGHTS
(٣٧٩٣) وَعَنْ سَلْمَانَ الفَارِسِيِّ قَالَ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ رِبَاطُ يَومِ وَلَيْلَةٍ فِي
سَبِيْلِ اللَّهِ خَيْ مِنْ صِيَّامِ شَهْرٍ وَقِيَّامِهِ وَإِنْ مَاتَ جَرىُ عَلَيْهِ عَمَلُهُ الَّذِى كَاتَ يَعْمَلُهُ وَأُجُرِىٌ عَلَيْهِ رِزْقُه
وَأَمِنَ الفَثَّانَ - (رواه مسلم)
صلى narrated that he heard Allah's Messenger رضى الله عنه Sayyiduna Salman Farisi .3793
Jule às say. "To guard the frontier for a day and a night in Allah's path is better
then fasting one month and standing during its night in worship. If he dies (while
performing this duty) then he will be rewarded for the deeds he had been doing. He
will be provided his sustenance (of food and drink of paradise) and he will be safe
from the trial or mischief of the devil or the dajjal, or the trial of the angels of
1 Bukhari # 2892.
2 Bukhari # 6415, Muslim # 113-1881, Musnad Ahmad 5-339.
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punishment in the grave."1
PARTICIPATION IN JIHAD (CRUSADE) IS ASSURED PROTECTION FROM HELL
(٣٧٩٤) وَعَنْ أَبيِ عَبٍْ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَا الغَرَّتُ قَدَ مَا عَبْدٍ فِي سَبِيْلِ اللَّهِ فَتَمَتَهُ
النَّارُ-(رواه البخارى)
3794. Sayyiduna Abu Abs Narrated that Allah's Messenger صلى الله عليه وسلم said, "If a
man's feet become dusty in Allah's path, then the fire (of hell) will not touch them."2
COMMENTARY: This saying of the prophet صلى الله عليه وسلم is about the merits of jihad
(crusade). When feet become dusty while waging jihad (crusade), hell fire will not hurt them.
We an understand what a great reward awaits a participant of jihad (crusade) who endures
its difficulties.
WARRIOR WHO KILLS AN INFIDEL
(٣٧٩٥) وَعَنْ أَبِيْ هُرَيْرَةً قَالَ إِّ رَسُوْلَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا يَجْتَمِعُ كَافِرْ وَقَاتِلُهُ فِي النَّارِ
آتَدًّا-(رواهمسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3795
said, "The disbeliever and the (Muslim) one who killed him cannot be together in
hell, at all."3
COMMENTARY: This is glad tidings for the Muslim who kills an infidel during jihad
(crusade). This Muslim will never go to hell. This saying highlights the merit of jihad
(crusade). The Muslim who kills an infidel in the battle will be safe from hell, though even if
he is unable to lay an infidel, he will go to paradise because of his participation in jihad
(crusade), and full effort in it.
THE BEST KIND OF LIFE
(٢٧٩٦) وَعَنْهُ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ مِنْ خَيْرٍ مَعَاشِ النَّاسِ لَهُمْ رَجُلْ مُمْسِتْ عِنَانَ
فَرَسِهِ فِي سَبِيْلِ اللَّهِ يَطِيُ عَلَى مِتْنِهِ كُلَّمَا سَمِعَ هَيْعَةً أَوْ فَزُعَةً طَارَ عَلَيْهِ يَبْتَفِى الْقَتْلَ وَالْمَوتَ مَظَانَّهُ أَوْ رَجُلْ فِي
غُنَيْمَةٍ فِي رَأْسِ شَعْفَةٍ مِنْ هَذِهِ الشَّعَفٍ أَوْبَطْنِ وَادٍ مِنْ هُذِهِ الْأَوْدِيَّةِ يُقِيْمُ السَّلاَةَ وَيُؤْقِ الزَّكوةَ وَيَعْبُدُ رَبَّهُ
حَتَّى يَأْتِيَهُ الْتَقِيْنُ لَيْسَ مِنَ النَّاسِ إِلَّ فِيْ خَيْرٍ- (رواه مسلم)
3796. Sayyiduna Abu Hurayrah رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"The best kind of human life is of a man who holds the reins of his horse in Allah's
path and sprints on its back heading towards places from where he hears frightening
shout or cry for help expecting to be killed or looking for places where death is possible
(to occur). Or, (the best kind of life is) of a man with some sheep on a peak of one of
1 Muslim # 163-1913, Nasa'i # 3167, Musnad Ahmad 5-440.
2 Bukhari # 2811, Tirmidhi # 1632, Nasa'i # 3116.
3 Muslim # 130-1981, Abu Dawud # 2495.

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these mountains or down one of these valley standing in salah (prayer) and paying the
zakah (Annual due charity) (when the sheep are enough for zakah (Annual due charity)
to be paid on them), worshipping his Lord till death comes (to him). He is not among
the people but spends life in a good way among them."1
COMMENTARY: Such a person lives apart from other people. So, he is safe from their
wicked ways and mischief. He also keeps them away from his mischief.
This hadith is based on jiliad (crusade) against the enemies of Islam, against one's own self
and abstinence from the pleasures of the world and evil desires of the self.
If a person lives among people to further religion then it is better, otherwise (if he cannot be
safe among them) he may keep in seclusion.
SOLITUDE OR MINGLING: Imam Nawawi -, said that this hadith upholds the view
of those who prefer isolation or solitude to socializing or mingling.
Imam Shafi'I als>, and most of the u lama hold that it is better to live among people and
mingle with them provided there is hope of being safe from mischief and corruption (of
religion).
On the other hand, the advocates of asceticism hold that one must keep away from the
people and live a live of solitude which they say is better. They have deduced it from this
hadith. However, the majority of the u lama hold that this hadith concerns either the time
when there would be much mischief and trial, or such a person who cannot endure the
trouble and hardship caused by people, or the people themselves are not secure form his
mischief. Their strongest evidence is that the Prophet ax JI ale, most of the sahabah
(Prophet's Companions) (sin», the tabi'un, alda>, the ulama (Scholars) mshaikh (religious
leaders) and Sufis (mysties) spent their lives among the people in this world without
secluding themselves from them. Them continued to derive religious benefits which they
could not have had by secluding themselves, like congregational salah (prayer), Friday salah
(prayer), funeral salah (prayer), sick visits and so on.
MERIT OF HELPING THE MUJAHID
(٣٧٩٧) وَعَنْ زَيْدِ ابْنِ خَالِدٍ آَكَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ جَهَّزَ غَازِيًّا فِي سَبِيْلِ اللَّهِ فَقَدْ
غَزَّا وَمَنْ خَلَفَ غَازِيًّا فِيْ آَهْلِهِ فَقَدْ غَزَا- (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Zayd ibn Khalid .3797
said, "He who equips a warrior in Allah's path has taken part in jihad (crusade). (He is
bracketed with the warrior and gets reward for it) And, he who represents a warrior
(in looking after his family when he set out) has taken part in jihad (crusade)."2
WOMAN OF THE MUJAHIDS (CRUSADERS) (CRUSADERS) MUST BE RESPECTED
(٣٧٩٨) وَغَنُ بُرَيْدَةً قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ حُرُمَةُ نِسَاءَ الْمُجَاهِدِيْنَ عَلَى الْقَاعِدِيْنَ
كُحُرُمَةِ أُمَّهَا ◌ِهِمْ وَمَا مِنْ رَجُلٍ مِنَ القَّاعِدِيْنَ يَخْلُفْ رَجُلًا مِنَ الْمُجَاهِدِيْنَ فِى أَهْلِهِ فَيَخُونُهُ فِيُهِمْ إِلَّا وُقِفَلَهُ
1 Muslim # 125-1889, Ibn Majah # 3977.
2 Bukhari # 2843, Muslim # 135-1895, Abu Dawud # 2509, Nasa'i # 3180, Ibn Majah # 2759, Musnad
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يَوْمِّ الْقِيَامَةِ فَيَاخُذُ مِنْ عَمَلِهِ مَاشَاءِ فَمَا ظَُّّكُمُ- (رواه مسلم)
3798. Sayyiduna Burayrah رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"The respect to be shown to the woman of the mujahids (crusaders) by the stayers
at home (who did not participate in jihad (crusade) for some reason) must be like
the respect shown (by them) to their mothers. (They must not have evil intentions
about the women) If any man among the stayers at home is made overseer of his
family by a man of the mujahids (crusaders) and he betrays him (concerning his
woman or female slaves), then he will be made to stand for him (the mujahid) on
the day of resurrection so that he may pick up what he want s from his (pious)
deeds. Then what do you think?"1
COMMENTARY: What do you suppose? Will the warrior spare any of the good deeds of
the betrayer? Or, what do think Allah will do? Do you doubt that He will not reward the
mujahid additionally? The mujahid will get high ranks.
MERIT OF EQUIPPING ARMY
(٣٧٩٩) وَعَنْ أَبيِ مَسْعُودٍ ب الانْصَارِيِّ قَالَ جَاء رَجُلْ بِنَاقَةٍ مَخْلُومَةٍ فَقَالَ هُذِهِ فِي سَبِيْلِ اللّهِ فِقَالَ رَسُوْلُ
اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَكَ بِهَا يَوْمَ القِيَامَةِ سَبْعُ مِائَّةٍ نَاقَّةٍ كُلُّهَا مَخُْومَةٌ- (رواه مسلم)
3799. Sayyiduna Abu Ma'sud al Ansari us às+, narrated that a man came (to the
Prophet) ,lào with a she-camel holding a hope through its nose-ring, saying
"This is presented in Allah's path." (Meaning, I offer it for His pleasure to use in
jihad (crusade).) Allah's Messenger صلى الله عليه وسلم said,, "On the day of resurrection,
you will receive (in return) for this seven hundred she-camels each with a rope
through its nose-ring."2
LOOKING AFTER MUJAHID'S FAMILY
(٣٨٠٠) وَعَنْ أَبيِ سَعِيْدٍ آَّ رَسُولَ اللَّهِ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ بَعَثَ بَهْئًا إِلَى بَنِى ◌ِحَاتَ مِنْ هُذَّيْلٍ فَقَالَ
لِيَنْبَعِثَ مِنْ كُلِّ رَجُلَيْنِ آَحْدُهُمَا وَالْآَجْرُ بَيْتَهُمَّا- (رواه مسلم)
3800. Sayyiduna Abu Sa'eed رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم sent
an army against Banu LIhyan a branch of Hudhayl. He said, "Send one of every two
men (to the battle so that half the male population of every tribe should go and the
rest should look after the families). But, both would share the reward."3
COMMENTARY: The participants in the jihad (crusade) will get the reward, of course. But
those remainders who care for their families will also earn a like reward.
JIHAD (CRUSADE) WILL BE WAGED TILL THE LAST HOUR
(٣٨٠١) وَعَنْ جَابِرِ بُنِ سَمُرَةَ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَنْ يَبْرَءَ هُذَا الدِّيْنُ قَائِمَّا يُقَاتِلُ عَلَيْهِ
1 Muslim # 139-1897, Abu Dawud # 2496, Nasa'i # 3191, 3193, Musnad Ahmad 5-355.
2 Muslim # 132-1892, Nasa'i # 3187, Darimi # 2402, Musnad Ahmad 5-274.
3 Muslim # 137-1896, Musnad Ahmad 3-49.

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عِصَابَةٌ مِنَ الْمُسْلِمِيْنَ حَتَّى تَقُوْمَ السَّاعَةُ- (رواه مسلم)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Jabir ibn Sumarah .3801
, said, "This religion shall not cease to remain. A section of the Muslim shall
continue to fight in defence of it till the Last Hour is established."1
COMMENTARY: Teebi ata, says that the words "they will fight elaborate on the first
portion of the prophet's صلى الله عليه وسلم saying. The whole would mean that this religion would
continue to prosper because a group of Muslim will always fight with the enemies of
religion and debase the rebels.
THE WOUNDED MUJAHID WILL BE RAISED IN THE CONDITION
(٣٨٠٢) وَعَنْ أَبِ هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَُّ لَا يُكْلَمُ أَحَدْ فِي سَبِيْلِ اللَّهِ وَاللَّهُ أَعْلَمُ بِمَنُ
يُكْلَمُ فِى سَبْلِهِ إِلَّ جَاء يَوْمَ القِيَامَةِ وَجُرُحُهُ يَفْعَبُ دَمَّا الْلَّوُ لَوْنُ الدَّمِ وَالرِّئْمُ رِئْعُ الْمِسْكِ - (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3802
said, "If anyone is wounded in Allah's path - and Allah knows best him who is
wounded in His path - he will come on the day of resurrection with blood pouring
out of his wound, the colour will be the colour of blood but the frongrance will be
the fragrance of musk.2
MERIT OF MARTYRS
(٣٨٠٣) وَعَنْ أَنّسٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَا مِنْ أَحَدٍ يَدْخُلُ الْجَنَّةَ يُحِبُّ أَنْ يَرُجِعَ إِلَى
الدُّنْيَّا وَلَهُ مَافِي الْأَرْضِ مِنْ شَىْءٍ إِلَّ الشَّهِيْدُ يَتَمَّتِى أَنْ يَّرُجِعَ إِلَى الدُّنْيَا فَيُقْتَلَ عَشْرَ مَزَّاتٍ لِمَايَرِى مِنَّ
الْكُرَامَةٍ - (متفق عليه)
3803. Sayyiduna Anas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"None of those who enter paradise would like to come back to the world and get
anything in the earth. But the martyr! He will long to come back to the world and be
martyred ten times (in Allah's path) because he has observed the honour (bestowed
on a martyr, and the reward he gets).3
ABOUT LIFE OF MARTYRS
(٣٨٠٤) وَعَنْ مَسْرُوُقٍ قَالَ سَأَلْنَا عَبْدَ اللَّهِ بْنَ مَسْمُؤْدٍ عَنْ هَذِهِ الَّآيَةِ وَلَّا تَحْسَبَنَّ الَّذِيْنَ قُتِلُوا فِى سَبِئْلِ اللُّهِ
أَهْوَ اتَّابَلُ أَحْيَاءٌ عِنْدَ رَبِّهِمْ يُرُزَّقُونَ الْآيَةُ قَالَ إِنَّا قَدْ سَأَلْنَا عَنْ ذُلِتَ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
فَقَّالَ آَزْوَاحُهُمُ فِي أَجْوَافٍ طَيٍْ خُضْرٍ لَهَا قَنَا دِئْلُ مُعَلَّقَةٌ بِالْعَرْشِ تَسْرَمُ مِنَ الْجَنَّةِ حَيْثُ شَاءَتُ ثُمَّ تَاوِى إِلى
1 Muslim # 172-1922.
2 Bukhari # 2803, Muslim # 105-1876, Tirmidhi # 1656, Nasa'i # 3147, Ibn Majah # 2795, Darimi #
2406, Muwatta Maalik # 29 (Jihad) Musnad Ahmad 2-243.
3 Bukhari # 2817, Muslim # 109-1877, Tirmidhi # 2109, Nasa'i # 3160, Musnad Ahmad 3-131, Darimi
# 1643.

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تِلُكَ القَنَادِيْلِ فَاظَّلَةَ إِلَيْهِمْ رَبُّهُمُ إِلَاعَةً فَقَالَ هَلْ تَشْتَهُوَ شَيْئًّا قَالُوا أَنَّ شَىْءٍ تَشْتَهِى وَنَحْنُ نَسْرَمُ
مِنَ الجَّةِ حَيْثُ شِئْنَا فَفَعَلَ ذلِكَ بِهِمْ ثَلَاثَ مَرَّاتٍ فَلَمَّا رَأَوْا أَقَّهُمْ لَنْ يُتْرَكُوا مِنْ أٌَ يَشْقَالُوا قَالُوا يَا
رَبِّ نُرِيدُ أَنْ تَرُدَّ ارٌوَاحَنَا فِىْ أَجْسَادِنَا حَتَّى تُقْتَلَ فِي سَبِيْلِكَ مَرَّةً أُخْرَى فَلَمَّا رَأْى آربى لَيْسَ لَّهُمْ حَاجَةٌ
تَرَگُوا۔(رواهمسلم)
3804. Sayyiduna Masruq al-, narrated that they asked Abdullah ibn Mas'ud uedl+,
about this verse:
وَلَّا تَحْتَبَنَّ الَّذِيْنَ قُتِلُوا فِي سَمِيْلِ اللَّهِ أَهْوَاتًا بَلْ أَحْيَاءٌ عِنْدَ رَيْهِمْ يُرُزَ قُوْنَ (الآية)
{Think not of those who were slain in Allah's way as dead. Nay. They are alive are
provided with sustenance from their Lord) (3: 169)
He said that they had asked Allah's Messenger صلى الله عليه وسلم about it and he had said
"Their (meaning the martyrs') souls are in the bodies of birds of green colour that
have (as their nests) lamps suspended from the Throne. Then fly wherever they like
in paradise and then return to those lamps. Their Lord looks down at them out of
familiarity and asks 'Do you desire anything?' They submit, 'what (more) could we
desire while we can fly wherever we like in paradise? He does that three times with
them. So, they realize that they will not be spared till they ask for something, they
say, 'O Lord, we wish that you return our souls to our bodies (and send us back to
the world) that we might be slain in Your path once again,' He finds that they have
no other) desire (and it is against His decree to send them again and besides, they
have received their full reward for martyrdom), So He lets them alone (without
asking again for their desires)."1
COMMENTARY: The martyrs desire to have their souls back in their bodies that they
might be slain again in Allah's path is actually their desire to thank Him for His bounties
and reward. They seem to say that it is wajib (obligatory) on them to show gratitude to Him
by offering their lives once again in His path.
Or, they might imagine that the second time they would get more reward. But, Allah's
decree is final and their reward remains unchanged.
OBSERVATION: The ulama (Scholars) say that the souls of the martyrs are placed in bodies
of birds (or their cavities) as sign of respect for them. It is like placing jewellery in cases for
safe-keeping. It is also the aim that they might move round paradise swiftly and enjoy the
sweet fragrance and cool breeze. Besides that they also come near those angels who are very
close to Allah. This itself is a great blessing This is what Allah says in the verse:
يُرُزّقُونَ فَرِحِيْنَ بِمَا اتَهُمُ اللّهُ مِنْ فَضْلِهِ
{Rejoicing in the bounty (of martyrdom) which Allah has granted them ... } (3: 170)
REINCARNATION: It must be understood that this hadith does not prove the theory of
reincarnation. Those who believe in this theory, say that the soul returns to some body in
1 Muslim # 121. 1887, Tirmidhi # 301 (3022) Darimi # 2401, Abu Dawud # 2520, Ibn Majah # 2800.