Book of Disputes

The Sahih Collection of al-Bukhari

by Imam Bukhari
Translated by: Ustadha Aisha Bewley

Chapter 47. Book of Disputes

 

I: What is mentioned about summoning the debtor, detaining him, and disputes between a Muslim and a Jew

2279. It is related that 'Abdullah said, "I heard a man reciting an ayat when I had heard it differently from the Prophet, may Allah bless him and grant him peace. So I took him by the hand and brought him to the Messenger of Allah, may Allah bless him and grant him peace. He said, 'Both of you act well.'" Shu'ba said, "I think that he said, 'Do not disagree. Those before you disagreed and perished.'"

[The ayat was in Surat ar-Rahman]

2280. It is related that Abu Hurayra said, "Two men insulted one another - one of the men was a Muslim and the other man was a Jew. The Muslim said, 'By the One who chose Muhammad over all the worlds,' and the Jew said, 'By the One who chose Musa over all the worlds.' At that, the Muslim raised his hand and slapped the Jew's face. So the Jew went to the Prophet, may Allah bless him and grant him peace, and told him about what had happened between him and the Muslim. The Prophet, may Allah bless him and grant him peace, summoned the Muslim and asked him about that and he told him. The Prophet, may Allah bless him and grant him peace, stated, 'Do not prefer me over Musa. On the Day of Rising, people will faint, and I will faint with them. I will be the first to regain consciousness, and there will be Musa grasping the Throne. I do not know whether he will be among those who fainted and came to before me, or if he was one of those that Allah excepted.'"

2281. It is related that Abu Sa'id al-Khudri said, "While the Messenger of Allah, may Allah bless him and grant him peace, was seated, a Jew came and said, 'Abu'l-Qasim! One of your Companions has struck my face.' 'Who?' he asked. He replied, 'A man of the Ansar.' He said, 'Summon him,' and he asked, 'Did you strike him?' He said, 'I heard him taking an oath in the market, "By the One who chose Musa over all mankind." I said, "O base one, above Muhammad, may Allah bless him and grant him peace!" Anger took hold of me and I struck his face.' The Prophet, may Allah bless him and grant him peace, said, 'Do not make rivalry between the Prophets. On the Day of Rising people will faint and I will be the first from the earth splits. There will be Musa holding to one of the legs of the Throne, and I do not know whether he will be among those who fainted or if the first unconsciousness was enough for him.'"

2282. It is related from Anas that a Jew crushed a girl's head between two stones. It was said (in her presence), "Who did this to you? So-and-so? So-and-so?" until the Jew was named. Then she indicated it was him with her head. The Jew was seized and confessed. The Prophet, may Allah bless him and grant him peace, commanded that his head be crushed between two stones.

 

II: Cancelling transactions of a fool and someone weak of intellect, even if the ruler has not declared him legally incompetent

It is reported from Jabir that the Prophet, may Allah bless him and grant him peace, refused the someone's sadaqa before he forbade him [to give] and then he forbade him [to do the same].

Malik said, "When a man is in debt to another man and the only thing which he has is a slave whom he then sets free, he is not permitted to set him free. If someone sells something for someone who is weak-minded or the like and then gives its price to him, commanding him to use it correctly and look after it and he then spoils it, he can stop him because the Prophet, may Allah bless him and grant him peace, forbade wasting property. He said to the one who was often duped in transactions, "When you buy, say, 'No cheating.'" The Prophet. may Allah bless him and grant him peace, did not take his money.

2283. It is related that Ibn 'Umar was heard to say, "There was a man who was duped in transactions. and the Prophet, may Allah bless him and grant him peace, told him, 'When you buy, say, "No cheating."' He used to say that."

2284. It is related from Jabir that a man set a slave of his free and that was the only property that he possessed. The Prophet, may Allah bless him and grant him peace, cancelled that [transaction] and Nu'aym ibn an-Nahham bought the slave from him.

 

III: Litigants arguing against one another

2285. It is related that 'Abdullah said that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever swears an oath in which he lies in order to take the property of a Muslim by means of it, will meet Allah who will be angry with him." He said that al-Ash'ath said, "By Allah, that was about me. There was some land that was shared between me and a Jewish man, and he denied my claim, so I took him to the Prophet*. The Messenger of Allah, may Allah bless him and grant him peace, asked me, 'Do you have a clear proof?' I answered, 'No.' He said to the Jew, 'Swear.'" He said, "I said, 'Messenger of Allah, then he will swear and make off with my property.' Then Allah Almighty revealed, 'Those who sell Allah's contract and their own oaths for a paltry price ....' (3:77)"

2286. It is related from Ka'b that he asked Ibn Abi Hadrad in the mosque to repay a debt he owed him and they raised their voices so loud that the Messenger of Allah, may Allah bless him and grant him peace, who was in his house, heard them. He came out to them, raising the curtain of his room. He called out, "Ka'b!" He said, "At your service, Messenger of Allah!" He said, "Reduce your debt by this much," and indicated a half to me. He said, "It is done, Messenger of Allah." He said, "Get up and pay it to him."

2287. It is related that 'Umar ibn al-Khattab was heard to say, "I heard Hisham ibn Hakim ibn Hizam reciting Surat al-Furqan in a different way to the way I recite it, and the Messenger of Allah, may Allah bless him and grant him peace, had taught me to recite it. I was about to hasten to remonstrate, but then I waited until he was finished. Then I collared him with his cloak and brought him to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'I heard this person reciting differently than how you taught me to recite.' He said to me, 'Let him go.' Then he said to him, 'Recite,' and he recited. He said, 'That is how it was revealed.' Then he said to me, 'Recite,' and I recited. He said, 'That is how it was revealed. The Qur'an was sent down in seven modes (ahruf), so recite what is easy of it.'" (Muwatta, Book 15, 5)

 

IV: Ejecting the people of acts of rebellion and litigation from the houses after they are recognised

'Umar ejected the sister of Abu Bakr when she wailed.

2288. It is related from Abu Hurayra said that Prophet, may Allah bless him and grant him peace,said, "I seriously considered ordering the prayer be called and then coming up behind certain men and burning their houses down about them! "

 

V: A claim based on the will of the dead person

2289. It is related from 'A'isha that 'Abd ibn Abi Waqqas and Sa'd ibn Abi Waqqas took a disagreement about the son of the slavegirl of Zam'a to the Prophet, may Allah bless him and grant him peace. Sa'd said, 'Messenger of Allah, my brother made a last testament to me that I should come and look out the son of the slavegirl of Zam'a and take him (into my care). (He said,) "He is my son."' 'Abd ibn Zam'a said, 'He is my brother the son of my father's slavegirl. He was born on my father's bed.' The Prophet, may Allah bless him and grant him peace, discerned a clear resemblance between the child and 'Utba. He said, 'He is yours, 'Abd ibn Zam'a. The child belongs to the bed. Veil yourself from him, Sawda.'"

 

VI: Binding those whose corruption is feared

Ibn 'Abbas bound 'Ikrima in order to teach him the Qur'an, the sunan and the shares of inheritance

2290. It is related that Abu Hurayra was heard to say, "The Prophet, may Allah bless him and grant him peace, sent some horsemen in the direction of Najd and they came back with a man from the Banu Hanifa called Thumama ibn Uthal, the chief of the people of Yamama, whom they bound to one of the pillars of the mosque. The Prophet, may Allah bless him and grant him peace, came out to him and said, 'What do you have, Thumama?' He said, 'Good, O Muhammad.'" He mentioned the hadith and he said, "Release Thumama." [See 450]

 

VII: Tying up and imprisoning in the Haram

Nafi' ibn 'Abdu'l-Harith bought a house from Safwan ibn Umayya to use as a prison in Makka. Provided that 'Umar agreed, the sale would be concluded. If 'Umar did not agree, then Safwan would have four hundred dinars.

Ibn az-Zubayr imprisoned people in Makka.

2291. It is related that Abu Hurayra was heard to say, "The Prophet, may Allah bless him and grant him peace, sent some horsemen in the direction of Najd and they returned with a man from the Banu Hanifa called Thumama ibn Uthal whom they bound to one of the pillars of the mosque."

 

VIII: Detaining debtors

2292. It is related from Ka'b ibn Malik that he was owed a debt by Ibn Abi Hadrad al-Aslami. He met him and detained him and they talked until they raised their voices. The Prophet, may Allah bless him and grant him peace, passed by them and called out, "Ka'b!" He indicated with his hand as if he was saying "A half." So he took half of what he was owed and left the other half.

 

IX: Demanding what one is owed

2293. It is related that Khabbab said, "I used to be a blacksmith in the Jahiliyya and al-'As ibn Wa'il owed me some dirhams, so I went to him to ask for it. He said, 'I will not give it to you until you reject Muhammad, may Allah bless him and grant him peace.' I said, 'By Allah, I will not reject Muhammad, may Allah bless him and grant him peace, until Allah makes you die and then you are brought back to life.' He said, 'Leave me until I die and am resurrected. Then I will be given wealth and children and I will pay you.' So it was revealed, 'Have you seen him who rejects Our Signs and says, 'I will certainly be given wealth and children there.'?'" (19:77)