Narrated Abu Qatada:Allah's Messenger (ﷺ) said on the Day of (the battle of) Hunain, "Whoever has killed an infidel and has a proof or a witness for it, then the salb (arms and belongings of that deceased) will be for him." I stood up to seek a witness to testify that I had killed an infidel but I could not find any witness and then sat down. Then I thought that I should mention the case to Allah's Messenger (ﷺ) I (and when I did so) a man from those who were sitting with him said, "The arms of the killed person he has mentioned, are with me, so please satisfy him on my behalf." Abu Bakr said, "No, he will not give the arms to a bird of Quraish and deprive one of Allah's lions of it who fights for the cause of Allah and His Apostle." Allah's Messenger (ﷺ) I stood up and gave it to me, and I bought a garden with its price, and that was my first property which I owned through the war booty. The people of Hijaz said, "A judge should not pass a judgment according to his knowledge, whether he was a witness at the time he was the judge or before that" And if a litigant gives a confession in favor of his opponent in the court, in the opinion of some scholars, the judge should not pass a judgment against him till the latter calls two witnesses to witness his confession. And some people of Iraq said, "A judge can pass a judgement according to what he hears or witnesses (the litigant's confession) in the court itself, but if the confession takes place outside the court, he should not pass the judgment unless two witnesses witness the confession." Some of them said, "A judge can pass a judgement depending on his knowledge of the case as he is trust-worthy, and that a witness is Required just to reveal the truth. The judge's knowledge is more than the witness." Some said, "A judge can judge according to his knowledge only in cases involving property, but in other cases he cannot." Al-Qasim said, "A judge ought not to pass a judgment depending on his knowledge if other people do not know what he knows, although his knowledge is more than the witness of somebody else because he might expose himself to suspicion by the Muslims and cause the Muslims to have unreasonable doubt. "
Reference
Sahih al-Bukhari 7170
In-book reference
Book 93, Hadith 34
USC-MSA web (English)
Vol. 9, Book 89, Hadith 282
Translation by Dr. M. Muhsin Khan · Language: EN
Sahih
Abu Muhammad, the client of Abu Qatada related that Abu Qatada said, "The Messenger of Allah, may Allah bless him and grant him peace, said on the Day of Hunayn, "Whoever has proof that he has killed someone will have his spoils. I stood up to look for someone to attest to my kill but did not see anyone who could testify on behalf, and so I sat down. Then it occurred to me to mention the business to the Messenger of Allah, may Allah bless him and grant him peace.' One of the men who was sitting with him said, 'The spoils of the one killed whom he mentioned are with me.' He said, Give him satisfaction for them.' Abu Bakr said, 'No! He will no give them to a sparrow of Quraysh and leave one of the lions of Allah who fought for Allah and His Messenger!' So the Messenger of Allah, may Allah bless him and grant him peace, commanded that he give them to me and I bought a garden with it which was the first property which I ever owned. " 'Abdullah said to me that al-Layth said, "The Prophet, may Allah bless him and grant him peace, stood and gave it to me." The people of the Hijaz [Malik and those who follow him] said, "A judge should not deliver judgement according to his own knowledge, whether he witnessed that while he was a judge or before that. If a litigant affirms the right of his opponent in the presence of the judge in the assembly of judgement, according to some of them, the judge does not deliver judgement against him until he has summoned two witnesses who are present to witness his admission." Some of the people of Iraq [Abu Hanifa and those who follow him] said, "He judges according to what he has heard or seen in the assembly of judgement, but does not judge according to anything else without two witnesses." Others of them [Abu Yusuf and those who follow him] said, "He does judge by it because he is trustworthy and what is desired by testimony is to recognise the truth. Therefore his knowledge is greater than testimony." Some of them [i.e. of the people of Iraq] said, "He judges by his knowledge regarding property, but not other things." Al-Qasim said, "A judge should not give judgement by his knowledge without the knowledge of someone else even though his knowledge is greater than the testimony of someone else, for there would be a possibility of suspicion among the Muslims about him and cause doubt for them, The Prophet, may Allah bless him and grant him peace, disliked suspicion and said, "This is Safiyya."
Reference
Sahih al-Bukhari 7170
In-book reference
Book 93, Hadith 34
USC-MSA web (English)
Vol. 9, Book 89, Hadith 282
Translation by Aisha Bewley · Language: EN
Sahih
