| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 529 |
| In-book reference | : Book 1, Hadith 263 |
| English translation | : Vol. 1, Book 1, Hadith 529 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 783 |
| In-book reference | : Book 4, Hadith 49 |
| English translation | : Vol. 1, Book 4, Hadith 783 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2089 |
| In-book reference | : Book 10, Hadith 74 |
| English translation | : Vol. 3, Book 10, Hadith 2089 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 844 |
| In-book reference | : Book 5, Hadith 42 |
| English translation | : Vol. 1, Book 5, Hadith 844 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 885 |
| In-book reference | : Book 9, Hadith 78 |
| English translation | : Vol. 2, Book 4, Hadith 885 |
It was narrated from al Miswar bin Makhramah and `Abdur-Rahman bin Abdul-Qari that they heard Umar bin al Khattab say: I passed by Hisham bin Hakeem bin Hizam when he was reciting Sooratal-Furqan during the lifetime of the Messenger of Allah (ﷺ). I listened to his recitation and he was reciting in a way different from the way in which the Messenger of Allah (ﷺ) had taught me to recite it. I was about to interrupt him whilst he was praying, but I waited until he said the tasleem, and when he had said the tasleem,... and he narrated a similar report.
| Grade: | Sahih (Darussalam) [ al-Bukhari (2419) and Muslim (818) Sahih (Darussalam) [ (Darussalam) |
| Reference | : Musnad Ahmad 296, 297 |
| In-book reference | : Book 2, Hadith 204 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1049 |
| In-book reference | : Book 12, Hadith 21 |
| English translation | : Vol. 2, Book 12, Hadith 1050 |
Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."
Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."
Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."
Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.
"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."
Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.
"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."
Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."
Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."
Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."
"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."
"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."
It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."
Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "
Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "
Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."
| USC-MSA web (English) reference | : Book 41, Hadith 31 |
| Arabic reference | : Book 41, Hadith 1535 |
| Grade: | Sahih li ghairih (Al-Albani) | صحيح لغيره (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4322 |
| In-book reference | : Book 39, Hadith 32 |
| English translation | : Book 38, Hadith 4308 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1043 |
| In-book reference | : Book 2, Hadith 654 |
| English translation | : Book 2, Hadith 1038 |
It has been reported on the authority of Salama b. Akwa' who said:
| Reference | : Sahih Muslim 1802b |
| In-book reference | : Book 32, Hadith 151 |
| USC-MSA web (English) reference | : Book 19, Hadith 4441 |
| (deprecated numbering scheme) |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 419 |
| In-book reference | : Book 1, Hadith 153 |
| English translation | : Vol. 1, Book 1, Hadith 419 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1667 |
| In-book reference | : Book 7, Hadith 30 |
| English translation | : Vol. 1, Book 7, Hadith 1667 |
قَالَ سُفْيَانُ لاَ أَدْرِي أَيَّتُهُنَّ أَرْبَعٌ .
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 927 |
| In-book reference | : Book 5, Hadith 125 |
| English translation | : Vol. 1, Book 5, Hadith 927 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1111 |
| In-book reference | : Book 5, Hadith 309 |
| English translation | : Vol. 1, Book 5, Hadith 1111 |
| Reference | : Sunan Ibn Majah 1267 |
| In-book reference | : Book 5, Hadith 465 |
| English translation | : Vol. 1, Book 5, Hadith 1267 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1498 |
| In-book reference | : Book 6, Hadith 66 |
| English translation | : Vol. 1, Book 6, Hadith 1498 |
It has been narrated by Ibrahim al-Taimi on the authority of his father who said:
| Reference | : Sahih Muslim 1788 |
| In-book reference | : Book 32, Hadith 122 |
| USC-MSA web (English) reference | : Book 19, Hadith 4412 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1221 |
| In-book reference | : Book 4, Hadith 24 |
| English translation | : Book 4, Hadith 1217 |
| Grade: | Da'if Mauquf (Al-Albani) | ضعيف موقوف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 833 |
| In-book reference | : Book 2, Hadith 443 |
| English translation | : Book 2, Hadith 832 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1456 |
| In-book reference | : Book 15, Hadith 24 |
| English translation | : Vol. 2, Book 15, Hadith 1457 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 552 |
| In-book reference | : Book 6, Hadith 59 |
| English translation | : Vol. 1, Book 6, Hadith 553 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 838 |
| In-book reference | : Book 5, Hadith 268 |
Ibn ‘Umar said. `Umar (رضي الله عنه) told us: We were sitting with the Messenger of Allah (ﷺ) and he mentioned the same hadeeth, except that he said: No signs of travel were to be seen on him. And he- said: `Umar said: 1 waited for three (days), then the Messenger of Allah (ﷺ) said: “oʻUmar...”
| Grade: | Lts isnad is Sahih, Muslim (8)] Sahih (Darussalam) [] (Darussalam) |
| Reference | : Musnad Ahmad 367, 368 |
| In-book reference | : Book 2, Hadith 270 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4118 |
| In-book reference | : Book 20, Hadith 54 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5704 |
| In-book reference | : Book 28, Hadith 175 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 601 |
| In-book reference | : Book 2, Hadith 211 |
| English translation | : Book 2, Hadith 601 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1797 |
| In-book reference | : Book 20, Hadith 200 |
| English translation | : Vol. 2, Book 20, Hadith 1798 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 641 |
| In-book reference | : Book 7, Hadith 16 |
| English translation | : Vol. 1, Book 7, Hadith 642 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 213 |
| In-book reference | : Book 2, Hadith 65 |
| English translation | : Vol. 1, Book 2, Hadith 213 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 1062 |
| In-book reference | : Book 5, Hadith 260 |
| English translation | : Vol. 1, Book 5, Hadith 1062 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1263 |
| In-book reference | : Book 5, Hadith 461 |
| English translation | : Vol. 1, Book 5, Hadith 1263 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1500 |
| In-book reference | : Book 6, Hadith 68 |
| English translation | : Vol. 1, Book 6, Hadith 1500 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5863 |
| In-book reference | : Book 29, Hadith 121 |
| Reference | : Sunan Ibn Majah 1892 |
| In-book reference | : Book 9, Hadith 48 |
| English translation | : Vol. 3, Book 9, Hadith 1892 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3124 |
| In-book reference | : Book 25, Hadith 40 |
| English translation | : Vol. 1, Book 25, Hadith 3126 |
| Grade: | A Sahih hadith] (Darussalam) |
| Reference | : Musnad Ahmad 409 |
| In-book reference | : Book 4, Hadith 11 |
'Abd al-Rabman b. Abu Bakr reported that the people of Suffa were very poor. Once the Messenger of Allah (may peace be upon him) said (to his Companions):
| Reference | : Sahih Muslim 2057a |
| In-book reference | : Book 36, Hadith 239 |
| USC-MSA web (English) reference | : Book 23, Hadith 5106 |
| (deprecated numbering scheme) |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 778 |
| In-book reference | : Book 4, Hadith 44 |
| English translation | : Vol. 1, Book 4, Hadith 778 |
Ibn Majah said: The people say `Ubaidullah bin `Abdullah, but Abu Bakr bin Abu Shaibah said: "The people say `Abdullah bin `Ubaidullah."
Muhammad bin Bashshar said: "`Abdur-Rahman bin Mahdi, Safwan bin `Eisa and Abu Dawud all said: 'Dawud bin Qais narrated to us, from `Ubaidullah bin `Abdullah bin Aqram, from his father, from the Prophet (saw).'" With similar wording.
قَالَ ابْنُ مَاجَهْ النَّاسُ يَقُولُونَ عُبَيْدُ اللَّهِ بْنُ عَبْدِ اللَّهِ وَقَالَ أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ يَقُولُ النَّاسُ عَبْدُ اللَّهِ بْنُ عُبَيْدِ اللَّهِ.
حَدَّثَنَا مُحَمَّدُ بْنُ بَشَّارٍ، حَدَّثَنَا عَبْدُ الرَّحْمَنِ بْنُ مَهْدِيٍّ، وَصَفْوَانُ بْنُ عِيسَى، ...
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 881 |
| In-book reference | : Book 5, Hadith 79 |
| English translation | : Vol. 1, Book 5, Hadith 881 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3997 |
| In-book reference | : Book 36, Hadith 72 |
| English translation | : Vol. 5, Book 36, Hadith 3997 |
Narrated Aisha, Ummul Mu'minin:
Ablution water and tooth-stick were placed by the side of the Prophet (saws). When he got up during the night (for prayer), he relieved himself, then he used the tooth-stick.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 56 |
| In-book reference | : Book 1, Hadith 56 |
| English translation | : Book 1, Hadith 55 |
| صحيح بالزيادة المذكورة آنفا (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1930 |
| In-book reference | : Book 11, Hadith 210 |
| English translation | : Book 10, Hadith 1925 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3013 |
| In-book reference | : Book 25, Hadith 132 |
| English translation | : Vol. 4, Book 25, Hadith 3013 |
قَالَ نَافِعٌ حَسِبْتُ أَنَّهُ قَالَ " وَرَأَيْتُ امْرَأَةً تَخْدِشُهَا هِرَّةٌ لَهَا فَقُلْتُ مَا شَأْنُ هَذِهِ قَالُوا حَبَسَتْهَا حَتَّى مَاتَتْ جُوعًا لاَ هِيَ أَطْعَمَتْهَا وَلاَ ...
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1265 |
| In-book reference | : Book 5, Hadith 463 |
| English translation | : Vol. 1, Book 5, Hadith 1265 |
[Al-Bukhari and Muslim].
Another narration is: Messenger of Allah (PBUH) recited frequently in bowing and prostration: "Subhanaka Rabbana wa bihamdika, Allahum-maghfir li. (Far removed You are from every imperfection, our Rubb, and all praise is for You, forgive me, O Allah)". He elucidated that it has been commanded in the Noble Qur'an to recite: "So glorify the Praises of your Rubb, and ask for His forgiveness. Verily, He is the One Who accepts the repentance and Who forgives". (V.110:1) And he (the Messenger of Allah) acted upon it.
According to the narration in Muslim, Messenger of Allah (PBUH) frequently recited these words just before he passed away: "Subhanaka Rabbana wa bihamdika. Astaghfiruka wa atubu ilaika." I ('Aishah (May Allah be pleased with her) asked him: "O Messenger of Allah! What are these new words which I hear from you repeatedly." He replied, "A sign has been appointed for me relating to my people that I should repeat these words at the sight of that sign". Then he recited Surat An-Nasr.
Another narration in Muslim related from 'Aishah (May Allah be pleased with her) is: Messenger of Allah (PBUH) often recited, "Glory be to Allah and praise be to Him; I seek forgiveness of Allah and turn to Him in repentance." I said to him: "O Messenger of Allah, I hear you recite frequently: 'O Allah, You are free from every imperfection our Rubb and all praise is for You; I seek forgiveness of Allah and turn to Him in repentance."' He replied, "My Rubb has informed me that I would soon see a sign regarding my people, whenever I see it, I repeat this statement more often (of His Glorification and Praise and beg pardon of Him and turn to Him). Now I have witnessed the sign. The revelation of Surat An-Nasr and the victory is the conquest of Makkah."
"When there comes the Help of Allah (to you, O Muhammad (PBUH) against your enemies) and the Conquest (of Makkah). And you see that the people enter Allah's religion (Islam) in crowds. So glorify the Praises of your Rubb, and ask His forgiveness. Verily, He is the One Who accepts the repentance and Who forgives." (110:1-3)
وفي رواية في الصحيحين" عنها: كان رسول الله صلى الله عليه وسلم يكثر أن يقول في ركوعه وسجوده: "سبحانك اللهم ربنا وبحمدك، اللهم اغفر لي" يتأول القرآن.
وفي رواية لمسلم: كان رسول الله صلى الله عليه وسلم يكثر أن يقول قبل أن يموت: "سبحانك اللهم وبحمدك، أستغفرك وأتوب إليك". قالت عائشة: قلت: يا رسول الله ما هذه الكلمات التي أراك أحدثتها تقولها؟ قال: "جعلت لي علامة في أمتي إذا رأيتها قلتها {إذا جاء نصر الله والفتح} إلى آخر السورة".
وفي رواية له: كان رسول الله صلى الله عليه وسلم يكثر من قول: "سبحان الله وبحمده، أستغفر الله وأتوب إليه". قالت: قلت: يا رسول الله! أراك تكثر من قول: سبحان الله وبحمده، أستغفر الله وأتوب إليه؟ فقال: "أخبرني ربي أني سأرى علامة في أمتي فإذا رأيتها أكثرت من قول: سبحان الله وبحمده، أستغفر الله وأتوب إليه، فقد رأيتها: {إذا جاء نصر الله والفتح} فتح مكة، {ورأيت الناس يدخلون في دين الله أفواجاً، فسبح بحمد ربك واستغفره إنه كان تواباً}.
| Reference | : Riyad as-Salihin 114 |
| In-book reference | : Introduction, Hadith 114 |
| Grade: | Sahih (Darussalam) Muslim (8) (Darussalam) |
| Reference | : Musnad Ahmad 184 |
| In-book reference | : Book 2, Hadith 101 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 460 |
| In-book reference | : Book 5, Hadith 13 |
| English translation | : Vol. 1, Book 5, Hadith 461 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2013 |
| In-book reference | : Book 11, Hadith 293 |
| English translation | : Book 10, Hadith 2008 |
Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."
Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."
Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.
"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."
Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."
Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "
Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."
Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."
Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."
Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."
Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."
Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."
| USC-MSA web (English) reference | : Book 36, Hadith 7 |
| Arabic reference | : Book 36, Hadith 1411 |