Aboo Wa’il narrated:
‘Abdullah (ibn Mas‘ood) said, "Whoever took a false oath in order to (unlawfully) take someone else's property will meet Allah, Exalted is He, while He is angry with him." Allah, Exalted is He, revealed the following ayah to confirm it; it reads (which means): {Indeed, those who exchange the covenant of Allah and their [own] oaths for a small price will have no share in the Hereafter, and Allah will not speak to them or look at them on the Day of Resurrection, nor will He purify them; and they will have a painful punishment.} [Quran 3:77]
Al-Ash‘ath ibn Qays came to us and asked as to what Aboo ‘Abd Al-Rahmaan (i.e. Ibn Mas‘ood) was telling you." We related the story to him. On that, he (may Allah be pleased with him) said, "He has told the truth. This ayah was revealed about me. I had some dispute with another man regarding a well and we took the case before Allah's Messengerﷺ and he said (to me), "Produce two witnesses (to support your claim); otherwise, the defendant has the right to take an oath (to refute your claim).' I said, 'The defendant would not mind to take a false oath." Allah's Messengerﷺ then said, 'Whoever took a false oath in order to (unlawfully) take someone else's property will meet Allah, Exalted is He, while He is angry with him.' On that occasion, Allah, Exalted is He, revealed the following ayah to confirm that (which means): {Indeed, those who exchange the covenant of Allah and their [own] oaths for a small price will have no share in the Hereafter, and Allah will not speak to them or look at them on the Day of Resurrection, nor will He purify them; and they will have a painful punishment.} [Quran 3:77] Al-Ash‘ath then recited the ayah.
(See Hadeeth No. 546)
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Commentary :
Inflicting harm on people is a reprehensible act in this worldly life, and it incurs on the doer loss and ruin in the Hereafter.
In this narration, ‘Abdullah ibn Mas‘ood (may Allah be pleased with him) made such a statement; the apparent indication of the narration suggests that it is a Mawqoof report (i.e., stopped at the level of the Companion), meaning Ibn Mas‘ood’s statement. However, it has also been narrated as a Marfoo‘ hadeeth (i.e., directly attributed to the Prophet ﷺ), recorded in Saheeh Al-Bukhaaree and Saheeh Muslim. This is further supported by the narration reported by Al-Ash‘ath ibn Qays (may Allah be pleased with him) that whoever swears a false oath to (unlawfully) take someone’s wealth, will meet Allah, Exalted is He, while He is Angry with him. The Anger of Allah, Exalted is He, is not similar to the anger of His creation in the slightest. He Says (what means): {There is nothing like unto Him, and He is the Hearing, the Seeing.} [Quran 42:11].To confirm this meaning, Allah, Exalted is He, revealed the ayah that reads (what means): {Those who exchange}, because the two parties of a sales transaction exchange a commodity for money, {the covenant of Allah},meaning the covenant they made to believe in the Prophet ﷺ and fulfill the trusts, {and their [own] oaths for a small price}, meaning their false oaths that they take to affirm desired statements or actions. The intended meaning is that they trade their covenants with Allah and oaths for the fleeing worldly gains and desires such as money, benefits, and other worldly gains. The price was described here as being ‘small’, to indicate its insignificance, for it was traded for breaching the covenant with Allah and taking a false oath. Therefore, it is fundamentally insignificant, no matter how significant it seemed from a worldly perspective, compared to winning the pleasure of Allah, Exalted is He, and fulfilling one’s covenants with Him. Afterward, Allah, Exalted is He, stated the punishment designated for the one who commits such a major sin. He Says (what means): {…will have no share in the Hereafter, and Allah will not speak to them or look at them on the Day of Resurrection, nor will He purify them; and they will have a painful punishment.} [Quran 3:77]. It means, ‘They shall have no share in the bliss that shall be tasted by the believers in the Hereafter and Allah, Exalted is He, will not speak to them about what would please them, but would rather say to them what will cause distress and disappointment to them. The ayah goes on, {or look at them on the Day of Resurrection}, meaning that He will not mercifully look at them, {nor will He purify them}, from sins and misdeeds by conferring upon them His forgiveness, nor shall He commend them like His righteous servants. Rather, He shall be angry with them and punish them for breaching their covenant with Him, {and they will have a painful punishment}, because of what they had committed.
Afterward, the Taabi’ee (a Muslim who saw at least one of the Companions) Aboo Waa’il Shaqeeq ibn Salamah said that Al-Ash‘ath ibn Qays (may Allah be pleased with him)came to them and asked as to what Aboo ‘Abd Al-Rahmaan (i.e. Ibn Mas‘ood) (may Allah be pleased with him) was telling them. They related the story to him. On that, he (may Allah be pleased with him) said, "He has told the truth. This ayah was revealed about me. I had some dispute with another man,” named Ma‘daan ibn Al-Aswad ibn Ma‘dee Karib Al-Kindee, regarding the ownership of a well. They brought the case before Allah's Messengerﷺ and he said to Al-Ash‘ath (may Allah be pleased with him), "Produce two witnesses (to support your claim),” because he (may Allah be pleased with him) was the one who claimed the ownership of the well and it was in the possession of and under the disposal of the other man. He ﷺ added: “… otherwise, the defendant has the right to take an oath (to refute your claim).”' Al-Ash‘ath (may Allah be pleased with him) said, 'The defendant would not mind to take a false oath.’ He (may Allah be pleased with him) meant that the defendant may indifferently take a false oath, and this indicates that Al-Ash‘ath had no evidence to support his claim. Afterward, he (may Allah be pleased with him) related the same hadeeth narrated by Ibn Mas‘ood (may Allah be pleased with him). It was recorded by Aboo Daawood that Al-Kindee, i.e., the defendant, was about to take the oath, when Allah's Messengerﷺ then said, 'Whoever took a false oath in order to (unlawfully) take someone else's property will meet Allah, Exalted is He, while He is Angry with him.' On that, he said: “It is his property.”
It is deduced from the hadeeth that the litigants may talk to each other.
It is also inferred therefrom that the burden of proof is upon the claimant (plaintiff), and an oath is obligated upon the defendant if he denies.
It also highlights the prohibition of unlawfully taking people’s wealth.
Furthermore, it underlines the reason of revelation for the ayaat on oaths in Aal ‘Imraan (chapter no. 3).
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