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Text and translation
English translation
2317. It was narrated from Umm Salamah that the Messenger of Allāh ﷺ said: "You refer your disputes to me and I am only human. Perhaps some of you may be more eloquent in presenting your case than others, so I rule in your favor because of what I hear from you. If I pass a judgment in favor of one of you that detracts from his brother's rights, then he should not take it, because it is a piece of fire that is given to him which he will bring forth on the Day of Resurrection." (Sahih)
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Commentary
In the light of this Hadith the scholars formed a rule that: "the decision of a judge has an apparent implication, but does not change any true reality which is not visible"; so the decision of a judge does not make someone's thing lawful for another person. For example: If a person proves with the help of false witnesses, that his marriage took place with so-and-so woman; while in fact this was not the case, then the matrimonial relations of both man and woman will be unlawful. If he does so, he will be committing
adultery and will get punished for it on the Day of Judgement. Likewise, if a judge gives a decision that so-and-so woman is divorced; but in reality the husband did not divorce her, then the husband will not be sinful in the sight of Allāh for having matrimonial relations with his wife.
