How The Judge Is To Ask People To Swear For An Oath
Darussalam · Volume 6
49. The Book Of The Etiquette Of JudgesSunan an-Nasai Darussalam English translation
الحديث: 5427 ¦ الجزء: 8 ¦ الصفحة: 249
Source no. 5427 · Volume 11 · Page 427
Sahih
صحيح // صحيح الجامع الصغير (٣٤٥٠) //
Source no. 5016 · Volume 3 · Page 1103
Sahih
(صحيح) - ق [صحيح الجامع الصغير ٣٤٥٠].
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5429. It was narrated that Abû Hurairah said: "The Messenger of Allâh ﷺ said: 'Isa bin Mariam, peace be upon him, saw a man stealing, and said to him: Are you stealing? He said: No, by Allâh besides Whom there is no other God! 'Īsa, peace upon him, said: I believe in Allāh and I disbelieve my eyes.'" (Sahīh)
5427 - أَخْبَرَنَا أَحْمَدُ بْنُ حَفْصٍ، قَالَ: حَدَّثَنِي أَبِي قَالَ: حَدَّثَنِي إِبْرَاهِيمُ بْنُ طَهْمَانَ، عَنْ مُوسَى بْنِ عُقْبَةَ، عَنْ صَفْوَانَ بْنِ سُلَيْمٍ، عَنْ عَطَاءِ بْنِ يَسَارٍ، عَنْ أَبِي هُرَيْرَةَ قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: " رَأَى عِيسَى ابْنُ مَرْيَمَ عَلَيْهِ السَّلَامُ رَجُلًا يَسْرِقُ، فَقَالَ لَهُ: أَسَرَقْتَ؟ قَالَ: لَا وَاللَّهِ الَّذِي لَا إِلَهَ إِلَّا هُوَ، قَالَ عِيسَى عَلَيْهِ السَّلَامُ: آمَنْتُ بِاللَّهِ، وَكَذَّبْتُ بَصَرِي "
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1. 'I disbelieve': The meaning is if someone is made to take an oath, it should be acknowledged or believed. If someone swears a false oath, he would reap what he has sown. In the mentioned incident, the man might have been collecting his own property, or someone else's, after having obtained their permission. Or his intention might have been merely to view the thing by picking it up. It might not have been his intention to carry it away. Such possibilities could be numerous. So to state, apparently it looked like a case of stealing. But the matter became clear by his taking the oath. 2. To call Prophet 'Īsa (ﷺ) 'Īsa bin Maryam every time and in every place provides the conclusive evidence that he was born without a father, so that he could become a miracle for people, upon his truthfulness. 3. The oath mentioned in the narration is of the variety of Mu'aqqad and Mughallaz (stressed or emphasized). In other words, such an oath could also be sworn. That is because the man did not merely say: "By Allāh" but added: "Whom there is no other god!" stressing his oath.