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Text and translation
English translation
1340. ‘Alqamah bin Wā’il [bin Hujr] narrated from his father who said: “A man from Ḥaḍramawt and a man from Kindah came to the Prophet ﷺ. The Ḥaḍramī said: ‘O Messenger of Allāh! This person
took some land of mine.' The Kindī said: 'It is my land, It is in my possession, and he has no right to it.' So the Prophet ﷺ said to the Ḥādrāmī: 'Do you have proof?' He said: 'No.' He said: 'Then you will have the oath.' He said: 'O Messenger of Allāh! This man is a liar, it makes not difference what he takes an oath for, he is not ashamed of doing anything!' He said: 'There is nothing you deserve from him except that.' He said: So the man was left to take an oath for it, and in the meantime, the Messenger of Allāh ﷺ said: 'If he takes an oath [for your property] to wrongfully consume it, He will meet Allāh while He is angry with him.' (Ṣaḥīḥ)
[He said:] There are narrations on this topic from 'Umar, Ibn 'Abbās, 'Abdullāh bin 'Amr, and Al-Ashā'ṭh bin Qais.
[Abū 'Eisā said:] The Ḥadīth of Wā'il bin Ḥujr is a Ḥasan Ṣaḥīḥ Ḥadīth.
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Commentary
If someone files a lawsuit against another person in the court, even though the plaintiff may be a trustworthy, pious and honourable in the society, the judge cannot give his judgement in his favor on the presumption of his piety and trustworthiness. Islamic Law requires that every claimant should bring witnesses in his favor. If the claimant is unable to produce witnesses before the judge, he can ask the respondent to swear an oath and if the respondent takes an oath, then the case will be decided according to his oath.
