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Text and translation
English translation
3623. It was narrated from ‘Alqamah bin Wā’il bin Ḥujr Al-Ḥaḍramī, from his father who said: “A man from Ḥaḍramawt and a man from Kindah came to the Messenger of Allāh ﷺ. The Ḥaḍramī man said:
'O Messenger of Allāh, this man has taken land by force from me that belonged to my father.' The Kindī man said: 'It is my land, and is in my possession, and I cultivate it; he has no right to it.' The Prophet ﷺ said to the Ḥaḍramī man: 'Do you have (ary) proof?' He said: 'No.' He said: 'Then you have to accept his oath.' He said: 'O Messenger of Allāh, he is a liar; he does not care about an oath, and he would not stop at anything.' The Prophet ﷺ said: 'You have no other choice.'" (Sahih)
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Footnotes
1
[1] Āl Imrān 3:77.
Commentary
1. After swearing the oath in the Name of Allāh, the defendant is free from the plaintiff's claim. His character has nothing to do with his oath. He may be a pious man or a criminal.
2. The claimant can ask the defendant about his true knowledge of the facts regarding the disputed property. The Prophet ﷺ did not object when the Ḥaḍramī questioned the man of Banū Kindah if he knew or not.
