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Wednesday, February 21, 2018

Chapter: Warning of the Fire for the one who swears a false oath in order to unlawfully take the right of another muslim

It is narrated on the authority of Abu Umama that the Messenger of Allah (ﷺ) observed:
He who appropriated the right of a Muslim by (swearing a false) oath, Allah would make Hell-fire necessary for him and would declare Paradise forbidden for him. A person said to him: Messenger of Allah, even if it is something insignificant? He (the Holy Prophet) replied: (Yes) even if it is the twig of the arak tree.

Explanation
-Allah being Angered with them when meeting Him is specific for the believers. It's a sin against the Kuffaar but this text is for the believers, Qaadhee.
-Jamhoor say  the ruling if the Qaadhee is not binding if he makes a mistake in making something Halaal, indifferent to the view of the Hanafis who say it becomes Halaal for him. 
-the proof is upon the claimant and Yameen upon the one who denies
-if he has no proof then he makes Yameen and it's accepted even if he is Faasiq
-the man inherited so this needs no proof 


Sharh Sahih Muslim, 2/176-182

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