يَجْتَمِعُ المُؤْمِنُونَ يَوْمَ القِيَامَةِ فَيَقُولُونَ : لَوِ اسْتَشْفَعْنَا إلى رَبِّنَا ، فَيَأْتُونَ ادَمَ ، فَيَقُولُونَ : أَنْتَ أَبو النَّاسِ ، خَلَقَكَ اللهُ بِيَدِهِ ، وَأَسْجَدَ لَكَ مَلائِكَتَهُ ، وَعَلَّمَكَ أَسْماءَ كُلِّ شَيْءٍ ، فاشْفَعْ لَنا عِنْدَ رَبِّكَ ، حَتَّى يُرِيحَنا مِنْ مَكَانِنا هَذا ، فَيَقُولُ : لَسْتُ هُنَاكُمْ ـ وَيَذْكُرُ ذَنْبَهُ ، فَيَسْتَحْيي ـ ائْتُوا نُوحاً ؛ فَإِنَّهُ أَوَّلُ رَسُولٍ بَعَثَهُ اللهُ إِلي أَهْلِ الأَرْض ، فَيَأْتُونَهُ ، فَيَقُولُ : لَسْتُ هُنَاكُمْ ـ ويَذْكُرُ سُؤالَهُ رَبَّهُ مَا لَيْسَ لَهُ بِهِ عِلْمٌ ، فَيَسْتَحْيي ـ فَيَقُولُ : اؤْتُوا خَلِيلَ الرَّحْمنِ ، فَيَأْتُونَهُ ، فَيَقُولُ : لَسْتُ هُنَاكُم ، اؤْتُوا موسى ، عَبْداً كَلَّمَهُ اللهُ ، و أَعْطَاهُ التَّوْرَاةَ . فَيَأْتُونَهُ ، فَيَقُولُ : لَسْتُ هُنَاكُمْ ـ وَيَذْكُرُ قَتْلَ النَّفْسِ بِغَيْرِ نَفْسٍ ، فَيَسْتَحْيي مِنْ رَبِّهِ ـ فَيَقُولُ : اؤْتُوا عِيسَى ، عَبْدَ اللهِ وَرَسُولَهُ ، وَكَلِمَةَ اللهِ وَرُوحَهُ . فَيَأْتُونَهُ ، فَيَقُولُ : لَسْتُ هُنَاكُمْ ، اؤْتُوا مُحَمَّداً ، ـ صَلَّى الله عَلَيْهِ وَ سَلَّمَ ـ عَبْداً غَفَرَ اللهُ لَهُ مَا تَقَدَّمَ مِنْ ذَنْبِهِ وَمَا تَأَخَّرَ ، فَيَأْتُونَنِي ، فَأَنْطَلِقُ حَتَّي أَسْتَأْذِنَ عَلَي رَبِّي فَيُؤْذَنُ . فإذا رَأَيْتُ رَبِّي وَقَعْتُ سَاجداً ، فَيَدَعُني مَا شَاءَ اللهُ ...
| Reference | : Hadith 36, 40 Hadith Qudsi |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 135 |
| In-book reference | : Book 22, Hadith 2 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 187 |
| In-book reference | : Book 27, Hadith 1 |
| Reference | : Al-Adab Al-Mufrad 1 |
| In-book reference | : Book 1, Hadith 1 |
| English translation | : Book 1, Hadith 1 |
| Reference | : Al-Adab Al-Mufrad 331 |
| In-book reference | : Book 15, Hadith 23 |
| English translation | : Book 15, Hadith 331 |
| Sunnah.com reference | : Book 50, Hadith 6 |
| Arabic/English book reference | : Book 50, Hadith 1210 |
| Sunnah.com reference | : Book 11, Hadith 23 |
| English translation | : Book 11, Hadith 1320 |
| Arabic reference | : Book 11, Hadith 1293 |
| Sunnah.com reference | : Book 10, Hadith 34 |
| English translation | : Book 10, Hadith 1276 |
| Arabic reference | : Book 10, Hadith 1237 |
| Sunnah.com reference | : Book 8, Hadith 114 |
| English translation | : Book 8, Hadith 1076 |
| Arabic reference | : Book 8, Hadith 1065 |
| Sunnah.com reference | : Book 7, Hadith 105 |
| English translation | : Book 7, Hadith 868 |
| Arabic reference | : Book 7, Hadith 864 |
| Sunnah.com reference | : Book 2, Hadith 448 |
| English translation | : Book 2, Hadith 515 |
| Arabic reference | : Book 2, Hadith 517 |
On the authority of Abu al-’Abbas Sahl bin Sa’ad as-Sa’idee (may Allah be pleased with him) who said:
| Reference | : Hadith 31, 40 Hadith an-Nawawi |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 264 |
| In-book reference | : Book 40, Hadith 5 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 208 |
| In-book reference | : Book 31, Hadith 4 |
| Reference | : Al-Adab Al-Mufrad 495 |
| In-book reference | : Book 29, Hadith 5 |
| English translation | : Book 29, Hadith 495 |
| Sunnah.com reference | : Book 9, Hadith 21 |
| English translation | : Book 9, Hadith 1219 |
| Arabic reference | : Book 9, Hadith 1189 |
| Sunnah.com reference | : Book 16, Hadith 121 |
| English translation | : Book 16, Hadith 1599 |
| Arabic reference | : Book 16, Hadith 1556 |
| Sunnah.com reference | : Book 11, Hadith 59 |
| English translation | : Book 11, Hadith 1354 |
| Arabic reference | : Book 11, Hadith 1328 |
| Sunnah.com reference | : Book 5, Hadith 6 |
| English translation | : Book 5, Hadith 676 |
| Arabic reference | : Book 5, Hadith 655 |
| Sunnah.com reference | : Book 5, Hadith 53 |
| English translation | : Book 5, Hadith 722 |
| Arabic reference | : Book 5, Hadith 702 |
| Sunnah.com reference | : Book 7, Hadith 223 |
| English translation | : Book 7, Hadith 966 |
| Arabic reference | : Book 7, Hadith 959 |
| Sunnah.com reference | : Book 2, Hadith 203 |
| English translation | : Book 2, Hadith 312 |
| Arabic reference | : Book 2, Hadith 314 |
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 |
| Reference | : Sunan Ibn Majah 706 |
| In-book reference | : Book 3, Hadith 1 |
| English translation | : Vol. 1, Book 3, Hadith 706 |
* Meaning that he would plant them in such a way that they were facing the Qiblah.
** Mutawarrikan: i.e., sitting with the left foot brought forward so that one's buttocks are in direct contact with the ground.
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1061 |
| In-book reference | : Book 5, Hadith 259 |
| English translation | : Vol. 1, Book 5, Hadith 1061 |
| Reference | : Al-Adab Al-Mufrad 40 |
| In-book reference | : Book 1, Hadith 40 |
| English translation | : Book 1, Hadith 40 |
| Reference | : Al-Adab Al-Mufrad 129 |
| In-book reference | : Book 7, Hadith 1 |
| English translation | : Book 7, Hadith 129 |
| Reference | : Al-Adab Al-Mufrad 234 |
| In-book reference | : Book 11, Hadith 14 |
| English translation | : Book 11, Hadith 234 |
| Reference | : Al-Adab Al-Mufrad 1164 |
| In-book reference | : Book 47, Hadith 11 |
| English translation | : Book 47, Hadith 1164 |
| Sunnah.com reference | : Book 50, Hadith 7 |
| Arabic/English book reference | : Book 50, Hadith 1211 |
| Reference | : Al-Adab Al-Mufrad 734 |
| In-book reference | : Book 31, Hadith 131 |
| English translation | : Book 31, Hadith 734 |
On the authority of Abu Malik al-Harith bin Asim al-Asharee (may Allah be pleased with him) who said:
| Reference | : Hadith 23, 40 Hadith an-Nawawi |
رواه مسلم
| Reference | : Hadith 31, 40 Hadith Qudsi |
| Sunnah.com reference | : Book 7, Hadith 12 |
| English translation | : Book 7, Hadith 793 |
| Arabic reference | : Book 7, Hadith 790 |
| Reference | : Al-Adab Al-Mufrad 390 |
| In-book reference | : Book 21, Hadith 6 |
| English translation | : Book 21, Hadith 390 |
| Reference | : Al-Adab Al-Mufrad 1144 |
| In-book reference | : Book 46, Hadith 9 |
| English translation | : Book 46, Hadith 1144 |
| Sunnah.com reference | : Book 8, Hadith 7 |
| English translation | : Book 8, Hadith 980 |
| Arabic reference | : Book 8, Hadith 973 |
| Sunnah.com reference | : Book 7, Hadith 143 |
| English translation | : Book 7, Hadith 901 |
| Arabic reference | : Book 7, Hadith 897 |
رواه ابن ماجه بسند صحيح
| Reference | : Hadith 22, 40 Hadith Qudsi |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3180 |
| In-book reference | : Book 47, Hadith 232 |
| English translation | : Vol. 5, Book 44, Hadith 3180 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 4336 |
| In-book reference | : Book 37, Hadith 237 |
| English translation | : Vol. 5, Book 37, Hadith 4336 |
| Reference | : Al-Adab Al-Mufrad 691 |
| In-book reference | : Book 31, Hadith 88 |
| English translation | : Book 31, Hadith 691 |
| Sunnah.com reference | : Book 11, Hadith 57 |
| English translation | : Book 11, Hadith 1352 |
| Arabic reference | : Book 11, Hadith 1326 |
| Sunnah.com reference | : Book 2, Hadith 171 |
| English translation | : Book 2, Hadith 283 |
| Arabic reference | : Book 2, Hadith 285 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 350 |
| In-book reference | : Book 48, Hadith 9 |
| Reference | : Al-Adab Al-Mufrad 434 |
| In-book reference | : Book 24, Hadith 16 |
| English translation | : Book 24, Hadith 434 |
| Reference | : Al-Adab Al-Mufrad 510 |
| In-book reference | : Book 29, Hadith 20 |
| English translation | : Book 29, Hadith 510 |
| Reference | : Al-Adab Al-Mufrad 625 |
| In-book reference | : Book 31, Hadith 22 |
| English translation | : Book 31, Hadith 625 |