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My dear students, welcome back to the
10th session. session of the fourth
level of the prophetic noble a hadith.
Today's hadith is the ninth hadith in
the series. It is narrated by one of the
greatest companions of the prophet
sallallahu alaihi wasallam. He was
young. He was a teenager during the life
of prophet Muhammad sallallahu alaihi
wasallam. But he have learned a lot from
him and then from his companions after
his life. That is his cousin Abdullahn
Abbas. May Allah be pleased with him and
his father who narrated that the
messenger of Allah sallallahu alaihi
wasallam may Allah's peace and blessings
be upon him said if people were given
according to their claims well some
people would claim the wealth and the
lives of others rather the burden of
proof is on the one who makes the claim
the claimment the plentif
and an oath is required of the one who
denies it who is the defendant. The
hadith is collected by al
and it is classed as aith but part of it
is collected by imari and im muslim and
it has a very important rule which is
in Arabic is a very important principle
in the judicial system.
The proof is required from the plaintiff
or the claimment.
And the one who denies what the
plaintiff the claimment says at least
he's required to swear. We'll talk about
it inshallah after we introduce the
narrator of the hadith Abdullahn Abbas.
If we speak about Abdullah Abbas for a
whole day for the entire semester it
won't be sufficient. But in brief for
the sake of time he is a son of Al Abbas
Abd Mutalib prophet Muhammad's uncle he
is one of the greatest scholars of the
um the prophet sallallahu alaihi
wasallam prayed for him and his
knowledge he said
oh Allah make him understand his dean
and he gave him the power of the
interpretation of the Quran so he was
simply the greatest mufessor ever after
the messenger of Allah sallallahu alaihi
wasallam am he accepted Islam when he
was very young and he was so close to
his cousin prophet Muhammad sallallahu
alaihi wasallam all the after the
prophet respected him he lost his
eyesight at the end of his life and he
turned blind and he was very patient yet
he continued to teach people because
Allah blessed him with a vast uh amount
of knowledge so he was very well-versed
in in hadith in poetry in Arabic
mashallah. So he would allocate one day
foral and haram and another day for the
taps the interpretation of the verses of
the Quran and a third for and the
battles and the s of prophet Muhammad
sallallahu alaihi wasallam and a third
and a fourth day for poetry and another
for history of the Arab and so on. May
Allah be pleased with Abdullahbn Abbas
who died on the year 68 after the
migration of the prophet sallallahu
alaihi wasallam in.
So the prophet sallallahu alaihi
wasallam says in the hadith
if people were given according to their
claims if somebody pops up says this
house is mine or he goes and he files a
complaint against this person he said
well this person sold me the car and
didn't give it to me or this woman is my
wife you know anything could be claimed
then uh it will be a chaos
if people were given according to their
claims. It remains a claim until it is
supported with documents.
So it could be a rightful claim and it
could be a fake one. Some men reel the
prophet used the term regal but it
applies to men and women. Some people
whether men or women the burden of proof
the requirement of presenting an
evidence
an evidence whether it is materialistic
evidence people have seen it
eyewitnesses written evidence
circumstantial evidence or nowadays
audio and video filming you know so an
oath is required if a person denies the
claim name the person. We have two
people. We have the claimant, the
plaintiff, the one who claims
this is mine or I gave this person
$1,000 as a loan. I need my money back.
It's past due. The other person who
either denies or partially denies or
agrees, whatever is called the
defendant. So if he denies fully or
partially says, "No, you didn't give me
$1,000. You only give me $500." So he's
a plentif. He is a defendant. Okay? I'm
sorry. He's a defendant. The one who
claims is a plentif or a claimant. the
defendant.
Uh if the plaintiff failed to present a
physical proof, materialistic proof or a
circumstantial evidence proof, in this
case, the judge will turn to uh the
defendant and ask him, "Well,
do you admit that this person gave you
$1,000 as a loan?" No, never happened.
So, he never did give you anything. No.
So he will ask the plaintiff, the
claimant, do you have any witness? Was
there anyone there? Did you write an
agreement? Because the Quran says,
"Have you recorded that writing?" No.
Unfortunately, I trusted him. It was a
word of mouth. So you don't have any
evidence. No one have seen you. No
cameras, nothing. Nothing. Okay. So the
judge or whoever is judging looking into
the case would look at the defendant,
the person whom the claimant claimed
that uh he owes me money or he sold me
the car or he gave me this or this or
that or whatever in his position is
mine. He will look at him and say, "Do
you admit?" He says, "No." So the
plentif doesn't have a proof. Would you
swear by Allah to negate that to nullify
what he's claiming? Would you say wall
I swear to Allah the great that the guy
didn't give me any money. I don't owe
him any money. I didn't sell him the
car. I didn't charge him anything. Would
you swear? Yes. If he swears then the
case is dismissed. Dismissed. In what
sense? The plentif will get nothing. The
claimant will get nothing. Why? because
he doesn't have an evidence and the
other guy agreed to swear to Allah. What
if he's lying? That is called
every oath like in case of
if I say by Allah I will go for this
year and I'm not able to do by Allah I
will pay you your loan next week and I'm
not able to. So there is a ransom an
exipation of uh you know feeding 10 poor
people clothe them or if he cannot
afford it fasted fasting for 3 days but
in the case of when somebody takes an
oath before the judge or before anyone
and he says I swear to Allah I don't owe
him anything why because there was no
written statement but he does owe him
he's lying knowingly This yam this oath
is called why it's called alam is to dip
in to immerse because he will immerse
the person who talk such an oath lying
in hellfire.
Is there an exeipation for it seeking
forgiveness paying some money feeding 10
poor people? None of the above. There is
no exipation. The only way if you seek
forgiveness you go back to the judge.
You admit I was a liar in your testimony
and here is the right of the plaintiff
or the claimment. He didn't have any
witnesses and I planned it all. But now
I woke up my conscious woke up and I
want to refund the money back. Thank you
so much. But if he happened to swear to
Allah lying he is destroyed. And
said if you should love Allah then
follow me. Allah will love you. That's
actually, you know, a verse of the Quran
supporting the statement of the prophet
sallallahu alaihi wasallam.
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This verse is verse number 31 of Alan is
known as the verse of tests and trials.
Allah tested the compliance of the
believers. So now if we have a case and
abuse sallallahu alaihi wasallam is
teaching the plaintiff the claimant the
defendant and the judge many judges have
no clue about what they should do. If
your own father came to you and he's a
judge and you are a judge you are in the
position of authority and he says son
this guy borrowed 10k from me and he did
not give me the money. father. So you
treat him as a layman, as somebody whom
you don't know. Do you have a proof? Do
you have an evidence? No. No one was
there. So we're going to ask the
defendant, did this guy, not my father,
did this guy give you 10K as a loan? Do
you owe him any money? I swear to Allah,
I don't. The case is dismissed. But he's
my father. I know my father is still in
the truth.
We must comply with the rules and
regulations. And this guidance is to
stop people from claiming things which
they may be lying about it. What about
if the defendant is lying? What about if
you follow the procedures from the
beginning and you record that in writing
or you bring witnesses or record it on
video as the prophet sallall.aii alaihi
wasallam taught us and as it's stated in
the longest verse of the Quran which is
known as
we learn from this lesson brothers and
sisters that and from this hadith no
one's claim can be accepted at face
value rather it requires proof or
acceptance on the part of the one uh
against whom the claim is made he is
called the defendant okay also we
learned that The hadith mentions an
important principle when judging between
people which is beneficial to all
judges. Judges who sit to judge between
people should be learned and should be
aware of all the because if they don't
and they judge between people wrongfully
they will end up in hellfire. May Allah
guide us to what is best. Islamic
teachings aim to protect people's
property and lives from being toyed with
um proof is required from the plaintiff
and proof may take several forms. We
mention shahada of witnesses.
Circumstantial evidences like what when
you say circumstantial evidences. Do you
remember the story of and prophet David?
Two women came and they have a child.
Each one of them claims this child is
mine. Why? Each one of them had a child
and as they were outside the wolf
devoured one of the two babies. So each
one of them claimed their living baby is
mine. Well, basically everyone knows her
child very well. But the one who lost
her child who was the elder one wanted
to take the child of the other. So when
they appeared before the
he judged that let the older lady take
the child the baby because the younger
one still have a chance to bear another
child and so on. But when
Sulaman peace be upon him arrived, he
had a very interesting judgment. What he
said, "No problem. Give me a soul. I'm
going to cut the baby into half and give
each one of you a half." So the one who
is actually the mother of the baby cried
and begged him, "Please don't do that.
Give it give the baby to her." So he
recognized that she is the mother
because only the mother would fear for
her baby and she wouldn't rather let him
die even if he goes with another woman.
The judges had their ways of finding out
through circumstantial evidences and so
on. Finally, if the defendant refuses
to swear, that's a sign that he is
lying. So we accept the claim of the
claimant or the plentif. May Allah guide
us to what is best.
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Academy to
Fore! Foreign! Foreign!
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