Textual Studies of the Hadith - National Open University of Nigeria

ISL222 TEXTUAL STUDIES OF THE HADITH
3.1.3 Hadith 33 Text, Translation, Commentary and Lessons
َنوُثَلاﱠثلاَو ُثِلاﱠثلا ُثيِد َحْلا
ُساﱠنلا ىَطْعُي ْوَل ) : َلاَق ،َمﱠلَسَو ِهْيَلَع ُﷲ ىﱠلَص ِﷲ َلوُسَر ﱠنأ ،اَمُھْنَع ُﷲ َيِضَر ٍساﱠبَع ِنْبا ِنَع
.( َرَكْنَأ ْنَم ىَلَع ُنيِمَيْلاَو يِعﱠدُمْلا ىَلَع ُةَنﱢيَبْلا
ِنِكَل ،ْمُھَءاَمِدَو ٍمْوَق َلاَوْمَأ ٌلاَج ر ِ ىَعﱠدَلا ،ْمُھاَوْعَدِب
.( ِنْيَحيِحﱠصلا ) يف ُهُضْعَبَو ،اَذَكَھ ُهُرْيَغَو [ 252 / 10(
ننسلا)
يف]
ﱡيِقَھيَبْلا ُهاَوَر ، ٌنَسَح ٌثيِدَح
Translation
Hadith 33
From Ibn ‘Abbas relating from the Apostle of God that he said: “were
the people to be given what they claim, they would be laying claim to
the property of the community and even to their blood. The onus of
proof, however, is on the one who makes the claim, and the oath is for
him who makes denial.” This is an exellent tradition, which al-Bayhaqi
and others have related. Part of it is in the two books of Bukhari and
Muslim.
Commentary
The importance of this tradition could only be sought in matters of
dispute. Claiming or trying to claim other people’s property may
eventually lead to disagreement. What court needs to do is to seek for
concrete evidences to back up the ownership of such property.This is
because if people are allowed to claim whatever they lay claim on
without adequate evidences provided some people will go as far as
claiming other people’s blood. This is where Islamic laws should be
very effective.
Lessons
The following lessons are erivable from the discussion above:
1. Nobody has the right to lay claim to something which does not
belong to him or her.
2. Evidences must be sought for in times of dispute over property.
3. Islamic society must make provision for adequate protection of
its inhabitants’ life and propery.
SELF-ASSESSMENT EXERCISE 2
Translate the above hadith into English language and then comment on
it in details.
4.0 CONCLUSION
73