The Book of Judgements

The Sahih Collection of al-Bukhari

by Imam Bukhari
Translated by: Ustadha Aisha Bewley

97. The Book of Judgements

I. The words of Allah Almighty, "Obey Allah and obey the Messenger and those in command among you" (4:59)

6718. Abu Salama ibn 'Abdu'r-Rahman related that he heard from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever obeys me has obeyed Allah. Whoever disobeys me has disobeyed Allah. Whoever obeys my amir has obeyed me. Whoever disobeys my amir has disobeyed me."

6719. 'Abdullah ibn Dinar related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "All of you are shepherds and each of you is responsible for his flock. An Imam is a shepherd and he is responsible for those in his care. A man is a shepherd in his family and is responsible for those in his care. The woman is a shepherd in her husband's house and children and is responsible for them. A man's slave is a shepherd over his master's property and is responsible for it. All of you are shepherds and each of you is responsible for his flock."

II. Rulers are from Quraysh

6720. Az-Zuhri said that Muhammad ibn Jubayr ibn Mut'im related that while he was with a delegation of Quraysh who were with Mu'awiya, Mu'awiya heard that 'Abdullah ibn 'Amr [ibn al-'As] had related that there would be a king from Qahtan. He became angry and stood up, praised Allah as He deserves, and then said, 'Following on from that, it has reached me that some of your men are relating things which are not in the Book of Allah nor transmitted from the Messenger of Allah, may Allah bless him and grant him peace. Those are your ignorant ones. Beware of vain hopes which mislead those who have them. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Command (the khalifate) is with Quraysh. None will attack them but that Allah will throw him prostrate on his face, as long as they establish the deen.'"

Nu'aym corroborated it [with an isnad] from az-Zuhri from Muhammad ibn Jubayr.

6721. Ibn 'Umar said that the Messenger of Allah, may Allah bless him and grant him peace, said, "This command will remain in Quraysh as long as two of them remain."

III. The reward of someone who judges by wisdom

According the words of the Almighty, "Those who do not judge by what Allah has sent down, such people are deviators." (5:47)

6722. Qays related that 'Abdullah [ibn Mas'ud] said that that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is only envy for two: a man to whom Allah has given wealth which he spends to consume correctly and another to whom Allah gives wisdom and he acts by it and teaches it."

IV. To hear and obey the ruler as long as it is not disobedience to Allah

6723. Abu't-Tayyah related from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, said, "Hear and obey, even if an Abyssinian slave whose head resembles a raisin is appointed over you."

6724. Abu Raja' related that Ibn 'Abbas said that the Prophet, may Allah bless him and grant him peace, said, "If someone sees something from his ruler which he dislikes, he should be patient. No one separates from the community for even the extent of a handspan and then dies but that he dies the death of Jahiliyya."

6725. Nafi' related from 'Abdullah ibn Nafi' that the Prophet, may Allah bless him and grant him peace, said, "A Muslim man must hear and obey in both what he likes and what he dislikes. But if he is commanded to disobey (Allah), then there is no hearing and obeying."

6726. Abu 'Abdu'r-Rahman related that 'Ali said, "The Prophet, may Allah bless him and grant him peace, sent out an expedition and put a man of the Ansar in command of them and commanded them to obey him. The man became angry with them and said, 'Did not the Prophet, may Allah bless him and grant him peace, order you to obey me?' 'Yes,' they agreed. He said, 'I command you to collect wood and make a fire and then go into it!' They collected the wood and kindled the fire. When they were about to go into it, they stopped, looking at one another. Some of them said, 'We followed the Prophet, may Allah bless him and grant him peace, to escape the Fire. Should we then enter it?' While they were like that, the fire went out and the man ceased to be angry. It was mentioned to the Prophet, may Allah bless him and grant him peace, who said, 'If they had entered it, they would never have emerged from it. Obedience is owed in what is correct.'"

V. If someone does not seek leadership, Allah will help him in it

6727. Al-Hasan related that 'Abdur-Rahman ibn Samura said, "The Prophet, may Allah bless him and grant him peace, said to me, ''Abdur-Rahman ibn Samura, do not ask for leadership. If you are given it without asking for it, then you will be helped in it. If you are given it through asking for it, then it will be left up to you. If you make a vow and then see something other than it which is better than it, then do that which is better and expiate your oath.'"'"

VI. If someone asks for leadership, it will be left up to him

6728. Al-Hasan related that 'Abdur-Rahman ibn Samura said, "The Messenger of Allah, may Allah bless him and grant him peace, said to me, ''Abdur-Rahman ibn Samura, do not ask for leadership! If you are given it on through asking for it, then it will be left up to you. If you are given it without asking for it, then you will be helped in it. If you make a vow and then see something other than it which is better than it, then do that which is better and expiate your oath.'"

VII. Chapter. What is disliked about being eager for leadership

6729. Sa'id al-Maqburi related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "You are eager for leadership while it will be regret on the Day of Rising. It is an excellent wet-nurse and a bad weaner!"

Sa'id al-Maqburi related it from 'Umar ibn al-Hakam from Abu Hurayra.

6730. Abu Burda related that Abu Musa said, "I visited the Prophet, may Allah bless him and grant him peace, with two men of my people. One of them men said, 'Messenger of Allah, appoint me to command.' The other said something similar. He said, 'We do not appoint to this those who ask for it nor those who are eager for it.'"

VIII. When someone is put in charge of the people, but is not conscientious in it

6731. 'Ubaydullah ibn Ziyad related that he visited Ma'qil ibn Yasar during his final illness and Ma'qil said to him, "I will relate to you a hadith which I heard from the Messenger of Allah, may Allah bless him and grant him peace. I heard the Prophet, may Allah bless him and grant him peace, say, 'Any man whom Allah has put in charge of people but does not undertake it conscientiously will not experience the scent of the Garden.'"

6732. Al-Hasan said, "We went to visit Ma'qil ibn Yasar and 'Ubaydullah came in where we were. Ma'qil said to him, 'I will relate to him a hadith which I heard from the Messenger of Allah, may Allah bless him and grant him peace. He said. 'If any governor appointed over some Muslims dies while he is defrauding them, Allah will forbid him the Garden.''

IX. If someone makes things hard for people, Allah will be hard on him

6733. Al-Jurayri related that Tarif ibn Tamima said, "I saw Safwan and Jundub and his companions when he was advising them. They asked, 'Did you hear anything from the Messenger of Allah, may Allah bless him and grant him peace?' He answered, 'I heard him say, If anyone makes people hear about his deeds, Allah will expose him on the Day of Rising. If anyone makes things hard for people, Allah will be hard on him on the Day of Rising.'"

"They said, 'Advise us.' He said, 'The first part of the human to decompose will be his stomach. If anyone is able to eat nothing but what is good [i.e. halal], should do so. Whoever it able to not do what will come between him and the Garden, even by a handful of blood which he spills, should do so.'"

I asked Abu 'Abdullah [al-Bukhari], "Who said, 'I heard the Messenger of Allah, may Allah bless him and grant him peace'? Jundub?" "Yes, Jundub," he answered.

X. Giving judgements and fatwas in the road

Yahya ibn Ya'mar gave judgement in the road. Ash-Sha'bi gave judgement at the door of his house.

6734. Salim ibn Abi'l-Ja'd related that Anas ibn Malik said, "While the Prophet, may Allah bless him and grant him peace, and I were emerging from the mosque, we met a man in the shade of the door. The man asked, 'Messenger of Allah, when will the Final Hour be?' The Prophet, may Allah bless him and grant him peace, answered, 'What have your prepared for it?' It was as if the man became humble and then said, 'Messenger of Allah, I have not prepared for it a lot of fasting, prayer or sadaqa, but I love Allah and His Messenger.' The Prophet, may Allah bless him and grant him peace, said, "You will be with the one who love.'"

XI. Chapter. What was mentioned about the Prophet, may Allah bless him and grant him peace, not having a doorkeeper

6735. Thabit al-Bunani related that Anas ibn Malik said to a woman of his family, "Do you know so-and-so (a woman)?" "Yes," she answered. He said, The Prophet, may Allah bless him and grant him peace, passed by her when she was weeping over a grave and said, 'Have fear of Allah and be patient.' She said, 'Leave me! You do not have? my affliction!' He passed her and left. A man passed by her and asked, 'What did the Messenger of Allah, may Allah bless him and grant him peace, say to you?' 'I did not recognise him,' she said. He said, 'he was the Messenger of Allah, may Allah bless him and grant him peace.' She went to his door and did not find a doorkeeper there. She said, 'Messenger of Allah! By Allah, I did mot recognise you.' The Prophet, may Allah bless him and grant him peace, said, 'Patience is at the first blow.'"

XII. A governor who is lower than the ruler who appointed him can pass a death sentence on someone who deserves it

6736. Anas related that Qays ibn Sa'd was to the Prophet, may Allah bless him and grant him peace, like the chief of police is to the amir.

6737. Abu Burda related from Abu Musa that the Prophet, may Allah bless him and grant him peace, sent him and sent Mu'adh after him.

6738. Abu Burda related from Abu Musa that a man became Muslim and then Jewish. Mu'adh ibn Jabal came while the man was with Abu Musa. He asked, "What has this one done?' He answered, "He became Muslim and then Jewish." He said, "I will not sit down until I kill him: the ruling of Allah Almighty and His Messenger, may Allah bless him and grant him peace."

XIII. Can a judge deliver judgement or fatwa while he is angry?

6739. 'Abdu'r-Rahman ibn Abi Bakr was heard to say, "Abu Bakra wrote to his son who was in Sijistan, "Do not deliver judge between two people when you are angry. I heard the Prophet, may Allah bless him and grant him peace, say, 'A judge should not deliver judgement between two people when he is angry.'"

6740. Qays ibn Abi Hazim related that Abu Mas'ud al-Anasari said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'By Allah, Messenger of Allah, I only fail to attend the morning prayer because so-and-so makes the prayer too long for us.' I have never seen the Messenger of Allah, may Allah bless him and grant him peace, more angry in giving admonition than he was that day. Then he said, 'Some of you make things difficult for people. Any of you who of you lead people in prayer should make it short. Among you there are those who are weak, old and have things they must do.'"

6741. Salim related that 'Abdullah ibn 'Umar told him that he had divorced his wife while she was menstruating. 'Umar mentioned that to the Prophet, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, became angry about it and said, "He should take her back and then keep her until she become pure and then menstruates and becomes pure. Then, if he wants to do so, he can divorce her."

XIV. The one who thinks that a judge can deliver judgement for people according to his knowledge when he does not fear bad opinion or suspicion

An example of this is when the Prophet, may Allah bless him and grant him peace, told Hind, "Take what is sufficient for you and your children in a reasonable manner." That is when the business is well-known.

6742. 'Urwa related that 'A'isha said, "Hind bint 'Utba ibn Rabi'a came and said, 'By Allah, Messenger of Allah, there was no person dwelling on the face of the earth whose family I wished to see abased more than your family. Now today that is person dwelling on the face of the earth whose family I wished to see exalted more than your family.' Then she said, 'Messenger of Allah, Abu Sufyan is a grasping man. Am I doing anything wrong if I feed my children from what he has?' He told, 'There is nothing against if you feed them in a reasonable manner.'"

XV. Testimony to (the identity of the writer of a) sealed letter, and what is permissible of that and what is not allowed. The letter of a ruler to his governor and that of a qadi to a qadi

Some people said that the letter of the ruler is allowed except in the hudud punishments. Then they said, "If the case is one of accidental homicide, it is allowed because the case is one of money in their opinion. It becomes money after the killing is established. The accidental killing and the deliberate murder are the same in this respect.

'Umar wrote to his governor about the hudud.*

[*This was Ya'la ibn Umayya, the governor of Yemen about a case of fornication.]

'Umar ibn 'Abdu'l-'Aziz wrote about [the case of] a tooth which had been broken.

Ibrahim said that the letter of a qadi to a qadi is allowed when he recognises the handwriting and seal.

Ash-Sha'bi used to allow the sealed letter which contained instructions from the qadi, and something similar is related from Ibn 'Umar.

Mu'awiya ibn 'Abdu'l'Karim ath-Thaqafi said, "I saw 'Abdu'l-Malik ibn Ya'la, the Qadi of Basra, Iyas ibn Mu'awiya [Qadi of Basra for 'Umar ibn 'Abdu'l-'Aziz], al-Hasan [al-Basri], Thumama ibn 'Abdullah ibn Anas [Qadi of Basra for Hisham], Bilal ibn Burda [Qadi of Basra], 'Abdullah ibn Burayda al-Aslami [Qadi of Merv], 'Amir ibn 'Abida and 'Abbad ibn Mansur allow the letters of qadis without summoning witnesses. If the person against whom the letter has come says that it is false, he is told, "Go and find a way out of that [i.e. disprove it]."

The first to ask for proof of the letter of the qadi were Ibn Abi Layla [Qadi of Kufa in the reign of al-Walid ibn Yazid] and Sawwar ibn 'Abdullah [Qadi of Basra for al-Mansur].

Abu Nu'aym said to us, "'Ubaydullah ibn Muhriz related to us, 'I brought a letter from Musa ibn Anas, the Qadi of Basra and presented evidence that I was owed such-and-such by a person who was in Kufa. I took it to al-Qasim ibn 'Abdu'r-Rahman [the Qadi of Kufa] and he allowed it.'

Al-Hasan [al-Basri] and Abu Qilaba disliked that for there to be witnesses to a will until it was known what was in it because he would not know whether it contained some injustice.

The Prophet, may Allah bless him and grant him peace, wrote to the people of Khaybar, "You either pay the blood money of your companion or war is announced against you."

Az-Zuhri said about the testimony against a woman from behind a curtain, "If you recognise her, then testify. Otherwise do not testify."

6743. Qatada related that Anas ibn Malik said, "When the Prophet, may Allah bless him and grant him peace, wanted to write to the Byzantines, they said, 'They will only read a letter if it is sealed.' So the Prophet, may Allah bless him and grant him peace, took a silver ring. It is as if I could see its whiteness now. It was engraved with 'Muhammad is the Messenger of Allah.'"

XVI. When is a man entitled to judge?

Al-Hasan [al-Basri] said, "Allah has obliged judges not to follow passion, not to fear people and not to sell His signs for a paltry price [i.e. bribes]." Then he recited, "Dawud! We have made you a khalif on the earth,so judge between people with truth and do not follow your own desires, letting them misguide you from the Way of Allah. Those who are misguided from the Way of Allah will receive a harsh punishment because they forgot the Day of Reckoning." (38:26) He also recited, "We sent down the Torah containing guidance and light, and the Prophets who had submitted themselves gave judgement by it for the Jews ‚as did their scholars and their rabbis ‚by what they had been allowed to preserve of Allah's Book to which they were witnesses. Do not be afraid of people, be afraid of Me. And do not sell My Signs for a paltry price. Those who do not judge by what Allah has sent down, such people are unbelievers." (5:44) And he recited, "And Dawud and Sulayman when they gave judgement about the field, when the people's sheep strayed into it at night. We were Witness to their judgement. We gave Sulayman understanding of it. We gave each of them judgement and knowledge." (21:78-79)

[Al-Hasan said,] "He praised Sulayman but did not blame Dawud. If Allah had not mentioned the case of these two, you would have seen the judges destroyed. However, Allah praised this one for his knowledge and excused that one in his ijtihad."

Muzahim ibn Zufar said, "'Umar ibn 'Abdu'l-'Aziz said to us, 'There are five qualities. If a judge lacks one of them, it is a fault in him. He should be intelligent, forbearing, refrain [from the haram], stern and both possess knowledge and ask frequently about it."

XVII. Payment of rulers and those employed in that task

Shurayh the Qadi used to take a salary for judging.''A'isha said, "The guardian consumes according to his work. Abu Bakr and 'Umar did so."

6744. Huwaytib ibn 'Abdu'l-'Uzza reported that 'Abdullah ibn as-Sa'di reported that he went to 'Umar while he was khalif and 'Umar said to him, "Have I not been told that you undertake public office, but when you are given wages, you refuse to take that?" [He said,] "I answered, 'Yes.' 'Umar asked, 'Why do you do that?' I replied, 'I have horses and slaves and I am well-off. I wish for my wages to be sadaqa for the Muslims.' 'Umar said, 'Do not do it. I wanted to do what you want to do. The Messenger of Allah, may Allah bless him and grant him peace, used to give Me gifts and I used to say, 'Give it to someone more in need of it than me.' Once he gave me some money and I said, 'Give it to someone more in need of it than me.' and the Prophet, may Allah bless him and grant him peace, said, "Take it, set it aside and then give it as sadaqa. Take what comes to you of this wealth even if you are not looking for it or asking for it. Otherwise, do not seek it yourself."'"

Salim ibn 'Abdullah related that 'Abdullah ibn 'Umar said, "I heard 'Umar say, 'The Prophet, may Allah bless him and grant him peace, used to give me gifts and I would say, 'Give it to someone more in need of it than me' until once he gave me some money and I said, 'Give it to someone more in need of it than me.' and the Prophet, may Allah bless him and grant him peace, said, "Take it, set it aside, and then give it as sadaqa. Take what comes to you of this wealth even if you are not looking for it or asking for it. Otherwise, do not seek it yourself."'"

XVIII. The one who judged the li'an* in the mosque

'Umar carried out the li'an at the minbar of the Prophet, may Allah bless him and grant him peace. Shurayh, ash-Sha'bi and Yahya ibn Ya'mar gave judgement in the mosque. Marwan gave judgement that Zayd ibn Thabit should take an oath at the minbar Al-Hasan [al-Basri] and Zurara ibn Awfa [Qadi of Basra] used to give judgement in the courtyard outside the mosque.

6745. Az-Zuhri related that Sahl ibn Sa'd said, "I saw two people in engaged in a li'an while I was 15, and they were separated.

[*A procedure used where the husband accuses the wife of infidelity and she denies; they invoke a curse on themselves if they are lying and are divorced.]

6746. Ibn Shihab related from Sahl, the brother of the Banu Sa'ida, that a man of the Ansar came to the Prophet, may Allah bless him and grant him peace, and said, "What if a man finds another man with his wife? Should he kill him?" The couple carried out a li'an in the mosque while I was present."

XIX. The one who delivered judgement in the mosque, and when he delivered a hadd penalty, commanded that [the guilty party] be taken out of the mosque for it to be carried out on him

'Umar said, "Take him out of the mosque." Then he had him beaten, and the like of that was mentioned from 'Ali.

6747. Abu Salama and Sa'id ibn al-Musayyab related that Abu Hurayra said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, while he was in the mosque and called him, saying, 'Messenger of Allah, I have had illicit sex.' The Prophet, may Allah bless him and grant him peace, turned away from him. When the man had testified four times against himself, the Prophet asked, 'Are you mad?' 'No,' he answered. The Prophet, may Allah bless him and grant him peace, said, 'Take him and stone him.'"

Ibn Shihab reported that he heard Jabir ibn 'Abdullah say, "I was among those who stoned him at the prayer place [i.e. the place where 'id prayers is performed]."

Abu Salama related it from Jabir from the Prophet, may Allah bless him and grant him peace, about the stoning.

XX. Chapter. The ruler admonishing litigants

6748. Zaynab bint Abi Salama related from Umm Salama that the Messenger of Allah, may Allah bless him and grant him peace, said, "I am a human being. Litigants come to me and it may be that one of them are more eloquent than the other and so I suppose that he is telling the truth and give judgement in his favour according to what I hear. If I judge for him any of the right of his brother, then I am only cutting for him a piece of the Fire."

XXI. Testimony is given the presence of the judge when he undertakes judgement or before that in favour of the litigant

Qadi Shurayh said to someone who asked him to testify, "Go the amir so that I can testify on your behalf."

'Ikrima said that 'Umar asked 'Abdu'r-Rahman ibn 'Awf, "What [would you do] if you saw a man committing a hadd, fornication or theft, and you were amir?" He replied, "Your testimony is the testimony of one Muslim man." [i.e. further witnesses are required.] "You spoke the truth," he said. 'Umar said, "If it were not that people would say, ''Umar has added to the Book of Allah,' I would have written out the verse of stoning with my own hand."

Ma'iz admitted to fornication four times in the presence of the Prophet, may Allah bless him and grant him peace, and he commanded that he be stoned. It is not mentioned that the Prophet, may Allah bless him and grant him peace, asked any of those present to testify.

Hammad [ibn Abi Sulayman] said, "If he confesses once before the ruler, he is stoned." Al-Hakam said that it must be four times.

6749. Abu Muhammad, the client of Abu Qatada related that Abu Qatada said, "The Messenger of Allah, may Allah bless him and grant him peace, said on the Day of Hunayn, "Whoever has proof that he has killed someone will have his spoils. I stood up to look for someone to attest to my kill but did not see anyone who could testify on behalf, and so I sat down. Then it occurred to me to mention the business to the Messenger of Allah, may Allah bless him and grant him peace.' One of the men who was sitting with him said, 'The spoils of the one killed whom he mentioned are with me.' He said, Give him satisfaction for them.' Abu Bakr said, 'No! He will no give them to a sparrow of Quraysh and leave one of the lions of Allah who fought for Allah and His Messenger!' So the Messenger of Allah, may Allah bless him and grant him peace, commanded that he give them to me and I bought a garden with it which was the first property which I ever owned."

'Abdullah said to me that al-Layth said, "The Prophet, may Allah bless him and grant him peace, stood and gave it to me."

The people of the Hijaz [Malik and those who follow him] said, "A judge should not deliver judgement according to his own knowledge, whether he witnessed that while he was a judge or before that. If a litigant affirms the right of his opponent in the presence of the judge in the assembly of judgement, according to some of them, the judge does not deliver judgement against him until he has summoned two witnesses who are present to witness his admission."

Some of the people of Iraq [Abu Hanifa and those who follow him] said, "He judges according to what he has heard or seen in the assembly of judgement, but does not judge according to anything else without two witnesses."

Others of them [Abu Yusuf and those who follow him] said, "He does judge by it because he is trustworthy and what is desired by testimony is to recognise the truth. Therefore his knowledge is greater than testimony."

Some of them [i.e. of the people of Iraq] said, "He judges by his knowledge regarding property, but not other things."

Al-Qasim said, "A judge should not give judgement by his knowledge without the knowledge of someone else even though his knowledge is greater than the testimony of someone else, for there would be a possibility of suspicion among the Muslims about him and cause doubt for them, The Prophet, may Allah bless him and grant him peace, disliked suspicion and said, "This is Safiyya."

6750. Ibn Shihab related from 'Ali ibn Husyan that Safiyya bint Huyayy came to the Prophet, may Allah bless him and grant him peace, [when he was doing i'tikaf in the mosque] and when she returned (home), he accompanied her. Two men of the Ansar passed by him and he called out to them, saying, 'It is Safiyya.' The two said, Glory be to Allah!' He said, 'Shaytan flows through the son of Adam like blood does.'"

Az-Zuhri related it from 'Ali ibn Husayn from 'Ali from the Prophet, may Allah bless him and grant him peace.

XXII. Chapter. A ruler commanding two amirs whom he sends to the same place to obey one another and not disobey one another

6751. Sa'id ibn Abi Burda related that he heard his father say, "The Prophet, may Allah bless him and grant him peace, sent my father and Mu'adh ibn Jabal to Yemen and said, 'Make things easy and do not make them difficult. Give them good news and do not make them feel aversion. Obey one another." Abu Musa said, "Messenger of Allah, we are in a land where they make a drink from honey called bit'." The Messenger of Allah, may Allah bless him and grant him peace, said, "Every intoxicant in unlawful."'

Sa'id ibn Abi Burda related it from his grandfather from this father from the Prophet, may Allah bless him and grant him peace.

XXIII. A ruler accepting an invitation [to a feast]

'Uthman accepted the invitation of the slave of al-Mughira ibn Shu'ba.

6752. Abu Wa'il related from Abu Musa that the Prophet, may Allah bless him and grant him peace, said, "Ransom captives and accept invitations."

XXIV. Gifts to public officials

6753. It is related that Abu Humayd as-Sa'idi said, "The Messenger of Allah, may Allah bless him and grant him peace, appointed a man of the Banu Asad called Ibn al-'Utabiya to collect the zakat. When he came [to Madina], he said, 'This is for you and this was given to me as a gift.' The Messenger of Allah, may Allah bless him and grant him peace, stood on the minbar and said, 'What is wrong with the agent we sent out? He comes and says, "This is for you and this is for me." Why did he not sit in the house of his father or mother to see whether a gift would come to him or not? By the One who has my soul in my hand, none of you will take anything [without right], but that he will carry it on his back on the Day of Rising. If it is a camel, it is will be grumbling; if a cow, it will be mooing; or a sheep, it will be bleating.' Then he raised his hands until we could see the whites of his armpits, saying, 'O Allah, I have conveyed it' three times."

Abu Humayd said, " My eyes saw it and my ears heard it. Ask Zayd ibn Thabit, He heard it with me." Az-Zuhri did not say, "my ears heard".

Khuwar in 7:148 and 20:88 is a sound. Ju'ar is from taja'runa (16:53) and is like the sound a cow makes.

XXV. Appointing mawlas as judges and governors

6754. Nafi' reported that Ibn 'Umar narrated that Salim, the client of Abu Hudhayfa, led the first Muhajirun and the Companions of the Prophet, may Allah bless him and grant him peace, in the prayer in the mosque of Quba. They included Abu Bakr, 'Umar, Abu Salama, Zayd and 'Amir ibn Rabi'a."

XXVI. The overseers of people

6755. Ibn Shihab related from 'Urwa ibn az-Zubayr that Marwan ibn al-Hakam and al-Miswar ibn Makhrama reported to him that when the Muslims allowed freeing the captives of Hawazin the Messenger of Allah, may Allah bless him and grant him peace, said, "I do not know who among you has allowed it and who has not allowed it. So go back so that your overseers can present your command to us." The people went back and their overseers spoke to them and returned to the Messenger of Allah, may Allah bless him and grant him peace, and informed him that the people had willingly consented and allowed it."

XXVII. What is disliked of praising the ruler and then saying something else after leaving him

6756. Muhammad ibn Zayd ibn 'Abdullah ibn 'Umar said, "Some people said to Ibn 'Umar, 'We visit our rulers and speak to them differently to what we say when we leave them.' He said, 'We used to consider this hypocrisy.'"

[Commentators say that the ruler in question was al-Hajjaj ibn Yusuf]

6757. 'Irak related from Abu Hurayra that he heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'The worst of people is the two-faced who comes to these people with one face and to others with another."

XXVIII. . Chapter. Passing judgement against someone who is not present

6758. 'Urwa related from 'A'isha that Hind said to the Prophet, may Allah bless him and grant him peace, "Abu Sufyan is an avaricious man and I need to take from his property." He said, "Take what is enough for you and your children in a reasonable manner."

XXIX. Anyone who is given the right of his brother through a legal judgement should not take it. The judgement of the judge does not make the unlawful lawful nor the make the lawful unlawful

6759. 'Urwa ibn az-Zubayr reported that Zaynab bint Abi Salama told him that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, told her that the Messenger of Allah, may Allah bless him and grant him peace, heard a dispute at the door of his room and went to them and said, "I am a human being. Litigants come to me and it may be that one of them are more eloquent than the other and so I suppose that he is telling the truth and give judgement in his favour according to what I hear. If I judge for him any of the right of his brother, then I am only cutting for him a piece of the Fire which he can take or leave."

6760. It is related that 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, " 'Utba ibn Abi Waqqas had made his brother, Sa'd ibn Abi Waqqas give an undertaking, saying, 'The son of the slavegirl of Zam'a is mine, so take him to you.' In the year of the Conquest, Sa'd took him and said, 'My brother's son who gave me an undertaking about him.' 'Abd ibn Zam'a went to him and said, 'My brother and the son of my father's slavegirl. He was born on his bed.' They took the matter to the Messenger of Allah, may Allah bless him and grant him peace. Sa'd said, 'Messenger of Allah, the son of my brother. He gave me an undertaking about him.' 'Abd ibn Zam'a said, 'My brother and the son of my father's slavegirl.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is yours, 'Abd ibn Zam'a.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'The child belongs to the bed and stones belong to the adulterer.' Then he said to Sawda bint Zam'a, 'Veil yourself from him,' since he saw that he resembled 'Utba. He did not see her until he died."

XXX. Judgement about wells and the like

6761. Abu Wa'il related from 'Abdullah [ibn Mas'ud] that the Prophet, may Allah bless him and grant him peace, said, "said, "Whoever swears an oath in which he lies in order to take the property of a Muslim by it, will meet Allah with anger covering him." Allah revealed, 'Those who sell Allah's contract and their own oaths for a paltry price...' (3:77) Then al-Ash'ath came while 'Abdullah was relating (that) to us. He said, 'It was revealed about me and a man wih whom I had a dispute concerning a well. The Prophet, may Allah bless him and grant him peace, said, 'Do you have a clear proof?' No,' I answered. He said, 'Then he will take an oath.' I said, 'Then he will swear a [false] oath!' Then it was revealed, 'Those that sell the faith that they owe Allah.'"

XXXI. Judgement regarding property, whether large or small

Ibn 'Uyayna related from Ibn Shubruma [Qadi of Kufa], "Judgement in the same in both a little property or a lot of property."

6762. 'Urwa ibn az-Zubayr reported that Zaynab bint Abi Salama told him that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, told her that the Messenger of Allah, may Allah bless him and grant him peace, heard the voices of some litigants at his door and went out to them and said, "I am a human being. Litigants come to me and it may be that one of them are more eloquent than the other and so I suppose that he is telling the truth and give judgement in his favour according to what I hear. If I judge for him any of the right of his brother, it is a piece of the Fire which he can take or leave."

XXXII. A ruler selling people's property or real estate

The Prophet, may Allah bless him and grant him peace, sold a mudabbar slave belonging to Nu'aym ibn an-Nahham.

6763. 'Ata' related that Jabir ibn 'Abdullah said, "The Prophet, may Allah bless him and grant him peace, heard that one of his Companions had set free a slave of his as a mudabbar and the slave was all the property that he had. The Prophet, may Allah bless him and grant him peace, sold the slave for 800 dirhams and then sent the man the price.

XXXIII. The one who does not pay any attention to verbal attacks on the amirs made by those with no knowledge

6764. 'Abdullah ibn Dinar said that he heard Ibn 'Umar say, "The Messenger of Allah, may Allah bless him and grant him peace, sent an expedition and put Usama ibn Zayd in command of it. Some people criticised his leadership. The Messenger of Allah, may Allah bless him and grant him peace, got up and said, 'If you attack his leadership, you attacked the leadership of his father before. By Allah, he was worthy of leadership and he was one of the most beloved of people to me. This is one of the most beloved of people to me after him.'"

XXXIV.The most dogged opponent, who is the one who is constant in quarrelling

"Ludd (stubbornly hostile)" (19:97) is the form 'awj and "aladd (most hostile)" (2:204) is the form a'waj.

6765. Ibn Abi Mulayka was heard to relate that 'A'isha said that the Messenger of Allah, may Allah bless him and grant him peace, said, "The most hated of people in the sight of Allah is the most dogged opponent."

XXXV. When the ruler judges unjustly or contrary to the people of knowledge, the judgement is rejected

6766. Salim related from Ibn 'Umar: "The Prophet, may Allah bless him and grant him peace, sent Khalid ibn al-Walid to the Banu Jadhima. They did not properly say, 'We have surrendered in Islam (aslamna),' and began to say, 'Saba'na, saba'na (we have changed religion).' So Khalid began to kill some of them and capture some. He gave every man of us a captive and then ordered every man of us to kill his captive. I said, 'By Allah, I will not kill my captive and should any man of my companions kill his captive.' We mentioned that to the Prophet, may Allah bless him and grant him peace, and he said, 'O Allah, I am innocent of what Khalid has done!' twice."

XXXVI. The ruler going to some people to make peace between them

6767. It is related that Sahl ibn Sa'd, "There was some fighting between some people of the Banu 'Amr ibn 'Awf. The Prophet, may Allah bless him and grant him peace, heard about that. He prayed Dhuhr and then went to them to make peace among them. When the time for the 'Asr prayer came, Bilal gave the adhan and the iqama and told Abu Bakr to go forward to lead the prayer. The Prophet, may Allah bless him and grant him peace, came while Abu Bakr was praying. He went through the people until he was standing behind Abu Bakr in the row behind him. The people began to clap. When Abu Bakr began the prayer, he would not turn around until he had finished. When he noticed that the clapping was not stopping, he turned and saw the Prophet * behind him. The Prophet, may Allah bless him and grant him peace, indicated to him to carry on, and he indicated with his hand like this. Abu Bakr remained where he was a short time, praising Allah for what the Prophet, may Allah bless him and grant him peace, had said and then went backwards. When the Prophet, may Allah bless him and grant him peace, saw that, he went forward and the Prophet, may Allah bless him and grant him peace, led the people in the prayer. When he finished the prayer, he asked, 'Abu Bakr, what kept you from continuing when I indicated that you should do that?' He answered, 'It is not for Ibn Abi Quhafa to lead the Prophet, may Allah bless him and grant him peace, in prayer.' The Prophet, may Allah bless him and grant him peace, said, 'If something happens, the men should say, "Subhanallah" and the women should clap.'"

XXXVII. It is recommended for a scribe to be trustworthy and intelligent

6768. 'Ubayd ibn as-Sabbaq related that Zayd ibn Thabit said, "After the slaughter in the war of Yamama, Abu Bakr sent for me while 'Umar was with him. Abu Bakr said, ''Umar has come to me and said, "Many Qur'an reciters were killed in the Battle of Yamama and I fear that many Qur'an reciters will be killed in other places and so much of the Qur'an will be lost. I think that you should collect the Qur'an together." I asked, "How can I do something which the Messenger of Allah, may Allah bless him and grant him peace, did not do?" 'Umar said, "By Allah, it is better." 'Umar kept at me about it until Allah opened my breast to what He had opened 'Umar's breast. I now think the same as 'Umar.'"

Zayd said, "Abu Bakr said, 'You are an intelligent young man and we have no doubts about you. You used to write down the revelation for the Messenger of Allahmay Allah bless him and grant him peace. Therefore you are to search out the Qur'an and collect it."

Zayd said, "By Allah, if he had obliged me to move one of the mountains, that would not have been weightier for me than what he commanded to do of collecting the Qur'an. I asked, 'How can the two of you do something which the Messenger of Allah, may Allah bless him and grant him peace, did not do?' Abu Bakr said, 'By Allah, it is better.' He continued to keep at me until Allah opened my breast to what Allah had opened the breasts of Abu Bakr and ''Umar and I thought the same as them. So I began to search out the Qur'an and collect it from palm stalks, bits of parchments, smooth stones, and the breasts of men until I found two ayats of Surat at-Tawba: 'A Messenger has come to you from among yourselves. Your suffering is distressing to him; he is deeply concerned for you...' (9:128) with Khuzayma or Abu Khuzayma. I added it to its sura. The pages remained with Abu Bakr while he was alive until Allah Almighty took him to Him, and after that with Hafsa bint 'Umar.'"

Muhammad ibn 'Ubayd said that lakhaf mean khazaf (earthenware).

XXXVIII. The writing of a ruler to his governors and the Qadi to his agents

6769. Malik reported from Abu Layla ibn 'Abdullah ibn 'Abdu'r-Rahman that Sahl ibn Hathma and some of the important men of his tribe reported to him that 'Abdullah ibn Sahl and Muhayyisa went to Khaybar on account of of poverty and constriction. Muhayyisa was informed that 'Abdullah had been murdered and thrown into a canal or spring. He went to the Jews and said, "By Allah, you have killed him!" They answered, "By Allah, we have not killed him!" Then he went to his people and told them about it. He and his brother, Huwayyisa, who was older than him, and 'Abdu'r-Rahman ibn Sahl went [to the Prophet.] The one who had been at Khaybar began to speak and the Prophet, may Allah bless him and grant him peace, said, "The eldest first, the eldest," meaning in age. So Huwayyisa spoke and then Muhayyisa spoke. The Messenger of Allah, may Allah bless him and grant him peace, said, "Either they pay the blood money of your companion or war is announced against them."

The Messenger of Allah, may Allah bless him and grant him peace, wrote to them and they wrote back, "We did not kill him." The Messenger of Allah, may Allah bless him and grant him peace, asked Huwayyisa, Muhayyisa and 'Abdu'r-Rahman, "Will you swear oaths and thereby be entitled to take the blood money of your companion?" "No," they replied. He said, "Then should the Jews swear oaths for you?" They said, "They are not Muslims." So the Messenger of Allah, may Allah bless him and grant him peace, himself paid the blood money of a hundred camels. Sahl said, "When they were brought into the house, one of the camels kicked me."

XXXIX. Is the ruler permitted to send only one man to investigate things?

6770. It is related that Abu Hurayra and Zayd ibn Khalid al-Juhani said, "A bedouin came and said, 'Messenger of Allah, judge between us by the Book of Allah.' His opponent stood up and said, 'He speaks the truth. Judge between us by the Book of Allah.' The bedouin said, 'My son works for this man and he committed fornication with his wife. They said to me, "Your son must be stoned," and so I ransomed my son with a hundred sheep and a slave-girl. Then I asked the people of knowledge and they said, "Your son must receive a hundred lashes and be exiled for a year."' The Prophet, may Allah bless him and grant him peace, said, 'I will judge between the two of you by the Book of Allah. The slave-girl and sheep must be returned to you and your son must receive a hundred lashes and be exiled for a year. Unays,' he said to a man, 'go to the wife of this man and stone her [if she confesses].' So Unays went and stoned her."

XL. Rulers' translators. Is it permitted to have only one translator?

Kharija ibn Zayd ibn Thabit said that the Prophet, may Allah bless him and grant him peace, commanded Zayd ibn Thabit to learn the writing of the Jews. He said, "I would write letters for the Prophet, may Allah bless him and grant him peace, and I read their letters which they wrote to him."

'Umar said in the presence of 'Ali, 'Abdur-Rahman and 'Uthman, "What is this woman saying?" 'Abdu'r-Rahman ibn Hatib said, "She is telling you about her companion who fornicated with her."

Abu Jamra said, "I used to act as interpreter between Ibn 'Abbas and people."

Some people* said, "The ruler should have two interpreters."

[*The commentators say that this refers to Muhammad ibn al-Hasan and ash-Shafi'i, and those who said that one was adequate were Abu Hanifa and Ahmad ibn Hanbal (although another transmission from him says that there must be two.) It is transmitted from Malik that one reliable and trustworthy one is allowed, but two is preferable.]

6771. 'Abdullah ibn 'Abbas reported that Abu Sufyan told him that Heraclius had sent for him with the group of Quraysh and then said to his translator, "Tell them that I want to question this man. If he lies to me, they should say he is lying," Then he mentioned the account. He said to the translator, "Tell him, 'If what you say is true, then he will take control of the place where my feet are."

XLI. A ruler calling his governors to account

6772. It is related that Abu Humayd as-Sa'idi said, "The Messenger of Allah, may Allah bless him and grant him peace, appointed Ibn al-'Utabiya* to collect the zakat of the Banu Asad. When he came to the Messenger of Allah, may Allah bless him and grant him peace, he said, 'This is for you and this is a gift I was given.' The Messenger of Allah, may Allah bless him and grant him peace, said, Why did you not sit in the house of your father or the house of your mother until your gift came to you if you are telling the truth?' Then the Messenger of Allah * stood up and addressed the people. After praising and glorifying Allah, he said, 'Following on from that. I appoint some of your men over matters which Allah has put in my charge and then one of you comes and says, " This is for you and this is a gift I was given." Why did he not sit in the house of his father or the house of his mother until his gift came to him if he is telling the truth? By Allah, none of you will take anything [and Hisham added 'without right'] but that he will he will come to Allah on the Day of Rising carrying it. ?I do not want to see a man coming to Alah with a camel grumbling, a cow lowing or a sheep bleating.' Then he raised his hands until we could see the whites of his armpits, saying, 'O Allah, have I not conveyed it?'"

[*Another variant has al-Lutayba.]

XLII. The inner court of the ruler and the people he consults

Bitana are those who are allowed to enter.

6773. Abu Salama related from Abu Sa'id al-Khudri that the Prophet, may Allah bless him and grant him peace, said, "Allah does not send a Prophet nor appoint a khalif but that he had two close advisors: an advisor who commands him to do good and encourages him to do that, and an advisor who commands him to evil and encourages him to do that. The one who is protected is the one that Allah Almighty protects."

Another isnad from Abu Salama from Abu Sa'id al-Khudri.

Another isnad from Abu Salama from Abu Sa'id al-Khudri from the Prophet, may Allah bless him and grant him peace.

Another isnad from Abu Salama from Abu Sa'id al-Khudri.

Another isnad from Abu Salama that Abu Ayyub said, "I heard the Prophet, may Allah bless him and grant him peace..."

XLIII. How the ruler receives the allegiance of the people

6774. 'Ubada ibn as-Samit said, "We gave allegiance to the Messenger of Allah, may Allah bless him and grant him peace, [at 'Aqaba] to hear and obey when we were busy and in matters which we disliked, not to contend with people [in authority] for power, and to support (or speak) the truth wherever we were and not to fear the criticism of a critic in [supporting the deen of] Allah."

6775. Humayd related that Anas said, "The Prophet, may Allah bless him and grant him peace, went out on a cold morning while the Muhajirun and Ansar were digging the Ditch. He, may Allah bless him and grant him peace, said:

O Allah, life is the life of the Next World, so forgive the Ansar and the Muhajirun!

They answered:

We are those who have given allegiance to Muhammad to always fight in jihad as long as we live!'"

6776. 'Abdullah ibn Dinar related that Ibn 'Umar said, "When we gave allegiance to the Prophet, may Allah bless him and grant him peace, to hear and obey, he said to us, 'As far as you are able.'"

6777. 'Abdullah ibn Dinar said, "I witnessed 'Abdullah ibn 'Umar when the people gathered around''Abdu'l-Malik. He wrote, 'I confirm obedience to 'Abdu'l-Malik ibn Marwan, the Amir al-Mu'minin, according to the sunna of Allah and His Messenger as much as I can, and my sons affirm the like of that."

6778. Ash-Sha'bi reported that Jarir ibn 'Abdullah said, "I gave allegiance to the Prophet, may Allah bless him and grant him peace, to hear and obey and he instructed me to say, 'as much as I can', and to give good counsel to every Muslim."

6779. 'Abdullah ibn Dinar said, "When people gave allegiance to 'Abdu'l-Malik, 'Abdullah ibn 'Umar wrote to him, 'To the slave of Allah, 'Abdu'l-Malik, Amir al-Mu'minin, I affirm obedience to 'Abdu'l-Malik ibn Marwan, the Amir al-Mu'minin, according to the sunna of Allah and His Messenger as much as I can, and my sons affirm the like of that."

6780. Yazid said, "I asked Salama [ibn al-Akwa'], 'On what basis did you give allegiance to the Prophet, may Allah bless him and grant him peace, on the Day of Hudaybiyya?" He answered, "To the death."

6781. Al-Miswar ibn Makhrama reported that the group whom 'Umar appointed [to decide on the next khalif] gathered and consulted one another. [He said,] "'Abdu'r-Rahman said to them, 'I am not going to contend with you for this business, but if you wish, I will select one of you for you.' They assigned that to 'Abdu'r-Rahman. When they put 'Abdu'r-Rahman in charge of their business, the people inclined to 'Abdu'r-Rahman so that I did not see any of the people following the rest of the group or going after them. The people inclined to 'Abdu'r-Rahman and consulted him during those nights until the night on which we gave allegiance to 'Uthman."

Al-Miswar said, "'Abdu'r-Rahman came to me after part of the night had passed and knocked on the door until I woke up. He said, 'I see you are sleeping. By Allah, for these past three nights, I have not slept. Go and call az-Zubayr and Sa'd [ibn Abi Waqqas].' I called them for him and he consulted them. Then he called me and said, 'Call 'Ali for me.' I called him and he conversed privately with him until the middle of the night. Then 'Ali left him with high hopes. 'Abdu'r-Rahman feared something cocnerning 'Ali. Then he said, 'Call 'Uthman for me.' I called him and he conversed privately with him until the mu'adhdhin parted them with the Subh prayer. When the people had prayed Subh, people and that group had joined him at the minbar, he sent for those of the Muhajirun and Ansar who were present and he sent for the generals of the armies* who had come to perform hajj in that year with 'Umar. When they had gathered, 'Abdu'r-Rahman said the shahada and then said, 'Following on from that, 'Ali, I have looked into the business of the people and I do not see them considering that anyone is equal to 'Uthman, so do not bring about any cause for blame on yourself.' Then 'Abdu'r-Rahman said [to 'Uthman], 'I give you allegiance according to the sunna of Allah and His Messenger and the two khalifs after him.' So 'Abdu'r-Rahman gave him his allegiance and the people, the Muhajirun, Ansar, generals of the armies and the Muslims gave their allegiance to him."

[*Mu'awiya. amir of Syria, 'Umayr ibn Sa'd, amir of Homs, al-Mughira ibn Shu'ba, amir of Kufa, Abu Musa al-Ash'ari, amir of Basra, 'Amr ibn al-'As, amir of Egypt.]

XLIV. The one who gave allegiance twice

6782. Yazid ibn 'Ubaydullah related that Salama [ibn al-Akwa'] said, "We gave allegiance to the Prophet, may Allah bless him and grant him peace, under the Tree [at al-Hudaybiyya] and he said to me. 'Salama, will you not give allegance?' I replied, 'Messenger of Allah, I gave allegiance the first time.' He said, 'And the second time.'"

[See 2800]

XLV. The allegiance of desert Arabs

6783. Jabir ibn 'Abdullah related that a desert Arab gave allegiance to the Messenger of Allah, may Allah bless him and grant him peace, for Islam and then came down with a fever. He said, 'Rescind my allegiance." The Prophet refused. Then the Arab came to him again and said, 'Rescind my allegiance." He refused. The arab left [Madina], and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Madina is like a furnace - it expels its impurities and purifies its good.'"

XLVI. The allegiance of a child

6784. It is related from 'Abdullah ibn Hisham, who was alive in the time of the Prophet, may Allah bless him and grant him peace, that his mother, Zaynab bint Humayd had taken him to the Messenger of Allah, may Allah bless him and grant him peace. She said, "Messenger of Allah, take allegiance from him!" The Messenger of Allah, may Allah bless him and grant him peace, said, "He is only a child," and he stroked his head and made supplication for him. He used to slaughter one sheep for his entire family.

XLVII. The one who gave allegiance and then wanted to rescind his allegiance

6785. Jabir ibn 'Abdullah related that a desert Arab gave allegiance to the Messenger of Allah, may Allah bless him and grant him peace, for Islam and came down with a fever in Madina. The Arab went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, rescind my allegiance.' The Messenger of Allah, may Allah bless him and grant him peace, refused. Then he came to him again and said, 'Rescind my allegiance.' Then he came to him yet again and said, 'Rescind my allegiance.' He refused. Then the Arab left [Madina] and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Madina is like a furnace - it expels its impurities and purifies its good.'"

[Commentators point out that this desire to rescind his allegiance did not mean that he wanted to leave Islam, but rather have hijra rescinded since he wanted to leave Madina and return to his land.]

XLVIII. The one who gave allegiance to a man and only did so for the sake of worldly gain

6786. Abu Salih related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "There are three whom Allah will not speak nor purify on the Day of Rising and who will have a terrible punishment: a man who had excess water on the road and withheld it from travellers; a man who gave allegiance to an Imam and only gave allegiance for worldly gain, and when he is given some of what he wants he is faithful, but is not faithful when he is not given any of it; and a man who sets out his goods after 'Asr and says, 'By Allah, I have been offered such-and-such for them,' and someone believes him and takes them when he was not actually offered that for them."

XLIX. The allegiance given by women

Ibn 'Abbas related it from the Prophet, may Allah bless him and grant him peace.

6787. Abu Idris al-Khawlani reported that he heard 'Ubada ibn as-Samit say, "The Messenger of Allah, may Allah bless him and grant him peace, said to us while we were in a gathering, 'Give allegiance to me based on not associating anything with Allah, not stealing, not committing adultery, not killing your children, not making a false accusation of adultery which you forge yourselves and not being disobedient regarding anything good. Any among you who fulfill this will be rewarded by Allah. Any who fall short regarding any of these things and are punished in this world, that will be an expiation for them. Whoever falls short regarding any of these things and Allah conceals it, then it will be up to Allah. If He wishes, He will pardon him, and if He wishes, He will punish him.' We gave him our allegiance on that basis."

6788.'Urwa related that 'A'isha said, "The Prophet, may Allah bless him and grant him peace, used to take the allegiance of women verbally by this ayat: 'that they will not associate anything with Allah ...' (60:12)" She said, "The hand of the Messenger of Allah, may Allah bless him and grant him peace, did not touch the hand of woman except a woman he owed."

6789. Hafsa [bint Sirin] related that Umm 'Atiyya said, "We gave allegiance to the Prophet, may Allah bless him and grant him peace, and he recited to us, 'that they will not associate anything with Allah ...' (60:12) He forbade us to wail. A woman withdrew her hand and said, 'So-and-so stood with me to wail for me and I want to do the same for her in return.' He did not say anything. She went [there] and then returned. None of the women were faithful to that [i.e. not wailing] except Umm Sulaym, Umm al-'Ala', the daughter of Abu Sabra (who was) the wife of Mu'adh or the daughter of Abu Sabra and the wife of Mu'adh."

L. The one who broke the oath of allegiance

Allah Almighty says, "Those who pledge you their allegiance pledge allegiance to Allah. Allah's hand is over their hands. He who breaks his pledge only breaks it against himself. But as for him who fulfils the contract he has made with Allah, We will pay him an immense reward." (48:10)

6790. Muhammad ibn al-Munkadir related that he heard Jabir say, "A desert Arab came to the Prophet, may Allah bless him and grant him peace, and said, 'Take my allegiance for Islam.' He took his allegiance for Islam. Then he came the following day suffering from a fever and said, 'Rescind it* for me.' The Prophet refused. When the Arab turned away, the Prophet, may Allah bless him and grant him peace, said, 'Madina is like a furnace - it expels its impurities and purifies its good.'"

[*Having to stay in Madina.]

LI. Appointment of a khalif

6791. Al-Qasim ibn Muhammad was heard to say: "'A'isha said, 'O my head!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'If that had been while I was alive, I would have asked Allah to forgive you and made supplication for you.' 'A'isha said, 'O my loss! By Allah, I think that you want for me to die. If that were to happen, you would spend the rest of your day sleeping with one of your wives!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Rather I should say, "O my head!" I should (or I wanted) to send for Abu Bakr and his son and appoint him lest some people say [that the khalifate is for a certain person] or some people wish for it.' Then I said, 'Allah would refuse it to someone not entitled and the believers would prevent it, (or Allah would prevent it and the believers refuse it).'"

6792. 'Urwa related that 'Abdullah ibn 'Umar said, "'Umar was asked, 'Will you not appoint a khalif to succeed you?' He answered, 'If I appoint a successor, one who is better than me, Abu Bakr, appointed a successor. If I leave it, one who is better than me, the Messenger of Allah, may Allah bless him and grant him peace, left it.' They praised him. He said, 'Either eager or fearful.* I wish that I could have been delivered from its consequences, with nothing for me or against me. I will not burden anyone, living or dead, with it.'"

[* Commentators say that this means: either 'eager for my good opinion or fearing that I will show dislike towards him', or 'eager for the khalifate or afraid of it. If I appoint the one who is eager for it, I fear that he will not be helped in it, and I fear that if I appoint one who fears it that he will not undertake it.']

6793. Az-Zuhri related that Anas ibn Malik heard the second khutba which 'Umar delivered when he sat on the minbar the day after the death of the Prophet, may Allah bless him and grant him peace. He said the tashahhud while Abu Bakr remained silent and did not speak. He said, 'I wished that the Messenger of Allah, may Allah bless him and grant him peace,would have died after us,' meaning that he would have been the last of them. "If Muhammad, may Allah bless him and grant him peace, has died, then Allah Almighty has placed among you a light by which you can be guided by that by which Allah guided Muhammad, may Allah bless him and grant him peace. Abu Bakr was the Companion of the Messenger of Allah, may Allah bless him and grant him peace, the second of the two in the Cave. He is the one entitled among you to your affairs, so rise and give him your allegiance. A group of them had already given allegiance to him before that in the veranda of the Banu Sa'ida. The allegiance of the general public took place at the minbar.

Az-Zuhri said that Anas ibn Malik said, "I heard 'Umar say to Abu Bakr on that day, 'Go up the minbar.' He kept on at him until he went up the minbar. The people all gave allegiance to him."

6794. Muhammad ibn Jubayr ibn Mut'im related that his father said, "A woman came to the Prophet, may Allah bless him and grant him peace, and spoke to him about something and he told her to return to him. She said, 'Messenger of Allah, what if I come and do not find you?' and it was as if she meant if he had died, He said, 'If you do not find me, then go to Abu Bakr.'"

6795. Tariq ibn Shihab related that Abu Bakr said to the delegation of Buzakha,* 'Follow the tails of the camels until Allah shows the khalif (successor) of His Prophet, may Allah bless him and grant him peace, and the Muhajirun something by which you can excuse yourselves."

[*Buzakha was either a place in Bahrayn or the water source of the Banu Asad and Ghatafan. They apostatised after the Prophet died and followed Tulayha al-Asadi who claimed to be a prophet. After defeating Musaylima, Khalid ibn al-Walid defeated them, and they repented and sent a delegation to Abu Bakr to excuse themselves. Abu Bakr did not want to give a ruling about them until he had consulted his companions regarding them.]

6796. 'Abdu'l-Malik related that he heard Jabir ibn Samura say that he heard the Prophet, may Allah bless him and grant him peace, say, "There will be twelve amirs." He said, "Then he said something which I did not hear. My father said that he said, 'All of them will be from Quraysh.'"

LII. Expulsion of antgonists and suspect people from houses after they have been recognised

'Umar expelled the sister of Abu Bakr [Umm Firwa] when she wailed [for Abu Bakr].

6797. Al-A'raj related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "By Him in Whose hand my soul is, I seriously considered ordering someone to collect firewood, ordering the prayer be called, appointing a man to lead the prayer and then coming up behind certain men and burning their houses down about them! By Him in whose hand my soul is, if any of them had known they would find a meaty bone or two good hooves, they would have attended 'Isha'."

LIII. Can a ruler forbid criminals and people of disobedience to speak to him, visit him, and the like?

6798. 'Abdu'r-Rahman ibn 'Abdullah ibn Ka'b ibn Malik related that 'Abdullah ibn Ka'b ibn Malik, his son who acted as his guide when he went blind, said, "I heard Ka'b ibn Malik, say, "When some people stayed behind the Messenger of Allah, may Allah bless him and grant him peace, in the Tabuk expedition...", and he mentioned the hadith. he said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade people to talk to us. We remained like that for fifty nights and then the Messenger of Allah, may Allah bless him and grant him peace, announced that Allah had turned to us."