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Text and translation
English translation
5427. It was narrated from Nâfi' bin 'Umar, that Ibn Abî Mulaikah said: "There were two female neighbors who used to do leatherwork (with an awl) in At-
Tâ'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 'Abbâs concerning that. He wrote, (saying) that the Messenger of Allâh ﷺ 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[1] called her and recited this Verse to her: "Verily, those who purchase a small gain at the cost of Allâh's Covenant and their oaths, they shall have no portion in the Hereafter..."[2] 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. (Šahîh)
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Commentary
It is absolutely clear that the defendant shall be made to take the oath (if he denies or disowns). If he swears the oath, the plaintiff shall receive nothing. If the defendant refuses to swear the oath, then the thing would be turned over to the plaintiff upon swearing the oath. This is called Yamîn al-ghamûs. (A typical form of sinful oath is when a person takes an oath on the truth of something which he knows to be untrue; this is called Yamîn al-ghamûs or the engulfing oath).
