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Whoever is given the right of his brother through a judicial decision


In The Name of Allah, The Most Merciful, The Bestower of Mercy.

Imaam Al-Bukhari [may Allah have mercy upon him] said: Chapter: Chapter: [Whoever is given the right of his brother through a judicial decision]: Umm Salamah [may Allah be pleased with her] reported that Allah’s Messenger [peace and blessings of Allah be upon him] said, “Indeed, I am only a human being and you people (i.e. disputants) come to me with your disputes. And it may be that one of you can present his case more eloquently than the other and I consider him truthful, and judge in his favour. So if I ever judge and give the right of a brother to his brother, then it is a piece of hellfire and let him not take it“.

Some Benefits Derived From This Hadeeth:

The Ummah (i.e. the Shariah Judges) judge based on what is apparent; however, the judgement of a judge cannot prohibit the lawful and allow the unlawful (i.e. when proven erroneous). This Hadeeth contains a refutation against those who say that the Messengers possess knowledge of the unseen. This hadeeth also shows that speech can be seen to be true based on what is apparent, but it is truly falsehood with regard to what is hidden within it. This hadeeth shows that the one who receives a judgement in his favour is more aware than every other person as to whether he is entitled to it or whether he is a falsifier. So, he takes if entitled or leaves it if he a falsifier because in reality, a judgement cannot change an affair from what it was in origin (i.e. the original truth in the affair before its distortion or concealment]. This hadeeth shows the sinfulness of the one who argues based on falsehood until he receives what he wants publicly, whilst he is upon falsehood. This hadeeth is proof to show that a scholar can make a mistake and it is a refutation against those who say that every Mujtahid is correct. This hadeeth shows that the Mujtahid is forgiven (when he makes a mistake). [Sahih Al-Bukhaari. Kitaab Al-Ahkaam (Book of Judgements): Chapter 29. Hadeeth Number 7181 with Fathul Baari]

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