CHAPTER 3 : THOSE WHO WERE DISPUTING – PART 1
The dealings of the Prophet of Allah, sallallahu ‘alayhi wa sallam, with those who were disputing
Introduction:
Notwithstanding the calibre of individuals living in a particular society, and no matter how keen they are on doing good actions, society is never void of differences with regards to the vanities this worldly life possesses, differences in each individual’s whims and desires, and mistakes that occur due to following some whispers of Satan. All these things lead to problems that need to be resolved. There is no doubt that there are disputes between individuals living in Muslim society as well, just as there are disputes in every other human society.
The Prophet of Allah, sallallahu ‘alayhi wa sallam, judged between disputants in a way that gave the right to the one deserving the right. He, sallallahu ‘alayhi wa sallam, used to reconcile between differing parties, remind them of Allah, warn them against taking even a small portion of their brother’s right, and against persisting on falsehood. He, sallallahu ‘alayhi wa sallam, would also teach them that they should never forget liberality and kindness amongst one another. He, sallallahu ‘alayhi wa sallam, would make them despise the calls of the pre-Islamic ignorance, tribalism and partisanship; he, sallallaahu ‘alayhi wa sallam, raised the Muslim society with every good characteristic.
The Prophet of Allah, sallallahu ‘alayhi wa sallam, dealt with those who disputed with him in a wise manner that would end the dispute and cut it off.
How did he, sallallahu ‘alayhi wa sallam, judge between them?
Reconciliation:
The Prophet of Allah, sallallahu ‘alayhi wa sallam, would first try and reconcile between the disputing parties, even if it meant that some of them would give up some of their rights.
Ka`b ibn Maalik (a Companion) reported that he demanded the debt that Ibn Abu Hadrad (another Companion) owed him be paid back to him, and they raised their voices in the mosque, to the point that the Messenger of Allah, sallallahu ‘alayhi wa sallam, heard them while he was in his home. He, sallallahu ‘alayhi wa sallam, opened the curtain to his home (that overlooked the mosque), and said: “O Ka`b.” Ka`b replied: “I am at your service, O Messenger of Allah.” He, sallallahu ‘alayhi wa sallam, said: “Reduce the debt he owes you,” and signalled with his hand in a manner that meant lowering it half way. Ka`b said: “I have done so now, O Messenger of Allah.” Then he, sallallahu ‘alayhi wa sallam, said (to Ibn Abu Hadrad): “Get up and pay off your debt.” (Reported by Al-Bukhari (457) and Muslim (1558).)
Ibn Al-Jawzi (a scholar) said: “The Prophet’s, sallallahu ‘alayhi wa sallam, order to him was an advice, and this shows that the judge has the right to persuade the two disputing parties on agreeing on a reconciliation, if he views that there is some sort of benefit in that.” (Kashf Al-Mushkil Min Hadith As-Saheehah (1/387).)
He, sallallahu ‘alayhi wa sallam, would advise them to reconcile, and would clarify to them that it is a good action:
`Aa’ishah (the wife of the Prophet of Allah, sallallahu ‘alayhi wa sallam) said: “The Messenger of Allah, sallallahu ‘alayhi wa sallam, heard the voices of people disputing at the door, and their voices were very loud. One of them was asking the other to reduce his debt and be kind and gentle, but the other was saying: ‘By Allah, I shall not do that.’ Then the Messenger of Allah, sallallahu ‘alayhi wa sallam, went to both of them and said: ‘Where is the one who is swearing by Allah that he will not do something good?’ The man replied: ‘I am him, O Messenger of Allah, but now I will give him anything he wishes.’”(Reported by Al-Bukhari (2705) and Muslim (1557).)
Sahl ibn Sa’d (a Companion) reported that the people of Qubaa’ fought until they were throwing rocks at one another. The Messenger of Allah, sallallahu ‘alayhi wa sallam, was told about it, and he said: “Let us go reconcile between them.”(Reported by Al-Bukhari (2693) and Muslim (421).)
`Abdullaah ibn Az-Zubayr (a Companion) narrated that a man from the Ansaar disputed with Az-Zubayr regarding some waterways of the Harrah area of Madinah (an area with black rocks) that they used to water their date-palm trees. They both used the water for their trees. (The water would pass by the land of Az-Zubayr before that of the Ansaari man. Az-Zubayr would then make a dam and hold the water back so that he can fully water his land, then would let it go to the land of his neighbour. The Ansari man wanted Az-Zubayr to let the water go quicker to him, but Az-Zubayr refused. Fat-h Al-Baari (5/36).)
They went to the Prophet of Allah, sallallahu ‘alayhi wa sallam, and complained to him, and he, sallallahu ‘alayhi wa sallam, said to Az-Zubayr: “O Zubayr, water your land, then let the water go forth to your neighbour.” The Ansari man replied to the Messenger of Allah, sallallahu ‘alayhi wa sallam, and said: “O Messenger of Allah, have you given this ruling because he is the son of your aunt (from the tribe of his mother)?” At that,
his face, sallallahu ‘alayhi wa sallam, became colored (out of anger). Then he, sallallahu ‘alayhi wa sallam, said: “Water your land O Zubayr, then hold the water back until you feed and water your plants completely.” Az-Zubayr said: “I think that the following verse was revealed with regards to this story (which means): «But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.» [Quran: 4:65]” (Reported by Al-Bukhari (2360) and Muslim (2357).)
The Prophet of Allah, sallallahu ‘alayhi wa sallam, made them fearful of swearing by Allah while lying:
Wa’il ibn Hujr (a Companion) said:
“I was with the Messenger of Allah, sallallahu ‘alayhi wa sallam, when two men approached who were disputing with regards to land. One of them said: ‘This man seized some of my land during the pre-Islamic era.’ The Prophet of Allah, sallallahu ‘alayhi wa sallam, said: ‘What is your evidence?’ The man said: ‘I have none.’ The Messenger of Allah, sallallahu ‘alayhi wa sallam, said: ‘Either that, or he will give an oath to confirm his claim [that the land is his and not yours].’ The man said: ‘If it is reliant on his oath, then he will take the land.’ The Messenger of Allah, sallallahu ‘alayhi wa sallam, said: ‘That is your only choice.’
When the man stood to give an oath, the Messenger of Allah, sallallahu ‘alayhi wa sallam, said: ‘Whoever appropriates land unjustly will meet Allah while Allah is angry at him.’” (Reported by Muslim (139).)
Raja’ ibn Haywah (a Follower belonging to the generation succeeding the Companions) and Al-`Urs ibn `Ameerah (a Companion) narrated from his father `Adayy (a Companion), who said: “A man from Kindah named Imru’ Al-Qays ibn `Aabis disputed with a man from Hadhramawt (in Yemen) and went to the Messenger of Allah, sallallahu ‘alayhi wa sallam, with regards to some land. He, sallallahu ‘alayhi wa sallam, ruled that the man from Hadhramawt should bring his evidence and for Imru’ Al-Qais to give an oath (swearing that the land is his). The man from Hadhramawt said: ‘If you give him the right and chance to give an oath, by Allah my land will be lost.’ At that, the Messenger of Allah, sallallahu ‘alayhi wa sallam, said: ‘Whoever gives an oath and lies in that oath in order to appropriate the wealth of his brother will meet Allah while Allah is angry at him.’ Rajaa’ said: ‘Then, the Messenger of Allah, sallallahu ‘alayhi wa sallam, recited the verse (which means), «Indeed, those who exchange the covenant of Allah and their [own] oaths for a small price will have no share in the Hereafter, and Allah will not speak to them or look at them on the Day of Resurrection, nor will He purify them; and they will have a painful punishment.» [Quran: 3:77] Imru’ Al-Qays said: ‘O Messenger of Allah, what is for the one who gives their right up?’ The Messenger of Allah, sallallahu ‘alayhi wa sallam, responded: ‘Paradise.’ Imru’ Al-Qays said: ‘Then bear witness that I give it all up to him.’”(Reported by Ahmad (17263).)
The Prophet of Allah, sallallahu ‘alayhi wa sallam, ruled between them according to whatever was apparent:
Umm Salamah the wife of the Prophet of Allah, sallallahu ‘alayhi wa sallam, narrated that the Messenger of Allah, sallallahu ‘alayhi wa sallam, heard a dispute at the door to his house, and he, sallallahu ‘alayhi wa sallam, went to those disputing and said: “I am but a human being a man, and those with a dispute come to me. Perhaps some of you are more eloquent in arguing their case than others, and I would believe that he is truthful and rules in his favour. So, if I pass rulings for anyone at the expense of the right of another Muslim, then know that it is a piece of Hellfire that one of you can either take or leave.” (Reported by Al-Bukhari (2458) and Muslim (1713).)
An-Nawawi said: “His statement, sallallahu ‘alayhi wa sallam, ‘I am a man,’ is meant to notify that he is a human, and that humans do not know the unseen or hidden affairs at all, unless Allah decides to give them (the Prophets) some sort of that knowledge. Also, it teaches that in matters of judgement, he, sallallahu ‘alayhi wa sallam, is prone just as others are prone to making errors in worldly judgments (not involving religious affairs). It also teaches that the Prophet of Allah, sallallahu ‘alayhi wa sallam, judged between people based on the apparent, and that Allah takes care of the hidden affairs.
Therefore, a ruling is given based on evidence, an oath, and other apparent things, while keeping in mind that the hidden matters might be the complete opposite of the apparent, but the Prophet of Allah, sallallahu ‘alayhi wa sallam, was only commissioned with ruling on the apparent.”(The explanation of An-Nawawi on the book of Muslim (12/5).)
The Prophet of Allah, sallallahu ‘alayhi wa sallam, clarified that his ruling, which is based on the apparent, does not give the one at fault or the one lying the right to take the rights of others:
Umm Salamah said: “I was sitting with the Prophet of Allah, sallallahu ‘alayhi wa sallam, when two men approached who had a dispute regarding the inheritance which involved old objects.(In the report in Abu Dawood (3584), it states, “Two men went to Allah’s Messenger, sallallahu ‘alayhi wa sallam, and were disputing with regards to inheritance, but neither of them had any evidence apart from their claims.” ) At that, the Messenger of Allah, sallallahu ‘alayhi wa sallam, said: ‘I am a man, and those with a dispute come to me. Perhaps some of you are more eloquent in arguing their case than others, and I rule for that person based on what I hear from him. Therefore, if I rule in the favour of anyone at the expense of his brother’s right in anything, then they should not take from that, because it is a piece of hellfire.’
The two men cried, and each one of them said: ‘This right that I seek, it is for the other person (with whom he is disputing).’ The Prophet of Allah, sallallahu ‘alayhi wa sallam: ‘Since you did what you did, then divide [the items under dispute] between you and be just and fair. Then draw lots among you, then declare the dispute resolved as pertains to the other fellow.’”(Reported by Ahmad (26760) and Abu Dawood (3583).)
The Prophet of Allah, sallallahu ‘alayhi wa sallam, would never rule against the defendant without their admission or the presence of evidence:
Wa’il ibn Hujr said:
“I was sitting with the Prophet of Allah, sallallahu ‘alayhi wa sallam, when a man came pulling a man with a braided rein, saying: ‘O Messenger of Allah, this person killed my brother.’ The Messenger of Allah, sallallahu ‘alayhi wa sallam, said: ‘Did you kill him?’ The man said: ‘If he does not admit it, I will prove that he did, with evidence.’ Then the defendant said: ‘Yes, I killed him.’ The Prophet of Allah, sallallahu ‘alayhi wa sallam, said: ‘How did you kill him?’ He said: ‘We were collecting leaves from a tree, and he cursed me, and made me angry. So I hit with an axe on his head and killed him.’ The Prophet of Allah, sallallahu ‘alayhi wa sallam, said to him: ‘Do you have anything to give on your own behalf [as blood money].’ He said: ‘I have no money beside my clothes and my axe.’ He, sallallahu ‘alayhi wa sallam, said: ‘Do you think your tribe will pay on your behalf?’ He said: ‘I am too insignificant in the eyes of my people than for them to pay ransom for me.’
The Messenger of Allah, sallallahu ‘alayhi wa sallam, then threw the ropes towards the person demanding the ruling, and said: ‘Take your fellow.’ The man went with him, and when he turned away, the Messenger of Allah, sallallahu ‘alayhi wa sallam, said: ‘If he kills him, then he is the same as him.’(Meaning, he has no virtue over the other one, because he would have taken his right, contrary to if he were to forgive him, and would achieve virtue over him, reward in the hereafter, and is praiseworthy in this life. The explanation of An-Nawawi on the book of Muslim (11/173).) Then the man returned, and said: ‘O Messenger of Allah, I have been informed that you said: ‘If he kills him, then he is the same as him,’ but I took him according to your order. At that, the Messenger of Allah, sallallahu ‘alayhi wa sallam, said: ‘Do you not want him to take the burden of your sin and that of your brother?’ He said: ‘O Allah’s Prophet, yes.’ He, sallallahu ‘alayhi wa sallam, said: ‘Then it shall be so,’ and the man threw the rope and reins, and let him go.” (Reported by Muslim (1680).)
By Muhammad Saalih Al-Munajjid
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