49/36. Chapter:
Sunan an-Nasai 5425 — Claims Need Proof and Oaths
The Judge Advising Disputants to Take an Oath
Hadith About Burden of Proof and Oath in Islam
Sunan an-Nasai : 5425
Sunan an-NasaiHadith Number 5425
أَخْبَرَنَا عَلِيُّ بْنُ سَعِيدِ بْنِ مَسْرُوقٍ، قَالَ حَدَّثَنَا يَحْيَى بْنُ أَبِي زَائِدَةَ، عَنْ نَافِعِ بْنِ عُمَرَ، عَنِ ابْنِ أَبِي مُلَيْكَةَ، قَالَ كَانَتْ جَارِيَتَانِ تَخْرُزَانِ بِالطَّائِفِ فَخَرَجَتْ إِحْدَاهُمَا وَيَدُهَا تَدْمَى فَزَعَمَتْ أَنَّ صَاحِبَتَهَا أَصَابَتْهَا وَأَنْكَرَتِ الأُخْرَى فَكَتَبْتُ إِلَى ابْنِ عَبَّاسٍ فِي ذَلِكَ فَكَتَبَ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَضَى أَنَّ الْيَمِينَ عَلَى الْمُدَّعَى عَلَيْهِ وَلَوْ أَنَّ النَّاسَ أُعْطُوا بِدَعْوَاهُمْ لاَدَّعَى نَاسٌ أَمْوَالَ نَاسٍ وَدِمَاءَهُمْ فَادْعُهَا وَاتْلُ عَلَيْهَا هَذِهِ الآيَةَ { إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلاً أُولَئِكَ لاَ خَلاَقَ لَهُمْ فِي الآخِرَةِ } حَتَّى خَتَمَ الآيَةَ فَدَعَوْتُهَا فَتَلَوْتُ عَلَيْهَا فَاعْتَرَفَتْ بِذَلِكَ فَسَرَّهُ .
Ibn Abu Mulaika Narrated from:
There were two female neighbors who used to do leatherwork (with an awl) in At-Ta'if. One of them came out with her hand bleeding and claimed that her companion had injured her, but the other one denied it. I wrote to Ibn 'Abbas concerning that.He wrote, (saying) that the Messenger of Allah [SAW] ruled that the person against whom the claim was made should swear an oath. For if people were to be given what they claimed was theirs, then people would make claims against the wealth and blood of others. So he called her and recited this Verse to her: "Verily, those who purchase a small gain at the cost of Allah's Covenant and their oaths, they shall have no portion in the Hereafter..." until the end of the Verse. He called her and recited that to her, and she confessed to that. News of that reached him and he was happy.
[1] That is, Ibn Abî Mulaikah.[2] Âl Imrân 3:77.Reference : Sunan an-Nasa'i 5425In-book reference : Book 49, Hadith 47English translation : Vol. 6, Book 49, Hadith 5427
Summary of Sunan an-Nasai Hadith 5425
This hadith about burden of proof explains why claims cannot be accepted without a process. Two female neighbors worked with leather tools. One came out bleeding and accused the other, while the other denied it. Ibn Abbas wrote that the Messenger of Allah صلى الله عليه وسلم ruled that the person against whom the claim is made should swear an oath. He also warned that if people were simply given what they claimed, some would claim the wealth and blood of others. The verse about selling Allah’s covenant and oaths for a small gain was recited, and the woman confessed. The hadith teaches care, proof, and fear of false oaths.
What we learn from this hadith
- A claim alone is not enough to take wealth or establish harm.
- The person accused may be asked to swear an oath.
- False claims can harm people’s wealth and lives.
- Remembering Allah can move a person toward confession and truth.
