Using Eloquence, Concealment, or Half-Truths to Obtain Favourable Judgements from Scholars or Judges

بسم الله الرحمن الرحيم

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 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 Hadith

The Ummah [i.e. the scholars and judges] have been commissioned to judge based on what is apparent, but the (mere) judgement of a judge cannot prohibit the lawful and allow the unlawful [i.e. because it cannot be taken if proven erroneous].

This Hadith contains a refutation against those who say that the Messengers possess knowledge of the unseen. This hadith also shows that speech can be seen to be true based on what is apparent, but it is truly falsehood with regards to what is hidden within it.

This hadith 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 it if he is entitled to it or leaves it if he is 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 hadith shows the sinfulness of the one who argues based on falsehood until he receives what he wants publicly, whilst he is upon falsehood.

In this Hadith is proof that a scholar can make a mistake and it is a refutation against those who say that every Mujtahid is correct. This hadith shows us that the Mujtahid is forgiven (when he makes a mistake).

Sahih Al-Bukhari -Kitaab Al-Ahkam (Book of Judgements): Chapter 29: Hadeeth Number: 7181 with Fath Al-Bari