Al-Muwatta Hadith - 36.9

Prev    Next   
Judgement on Testimony of Children

Yahya said, "Malik said from Hisham ibn Urwa that Abdullah ibn az-Zubayr gave judgment based on the testimony of children concerning the injuries between them."

Malik said, "The generally agreed on way of doing things in our community is that the testimony of children is permitted concerning injuries between them. It is not accepted about anything else. It is only permitted between them if they testify before they leave the scene of the incident and have been deceived or instructed. If they leave the scene, they have no testimony unless they call just witnesses to witness their testimony before they leave."

PDF content
Tags 


No tags assigned yet.

Share your thoughts about this with others by posting a comment. Visit our FAQ for some ideas.

Comment Filters >>
Filter Comments  

search-icon
User Roles  
Groups  
NO ADVERTISEMENT OR PROMOTION, PLEASE.

hadith_comment

User

0

 
  votes      0
  dislikes
  Syed Husain    
  10 years 3 weeks ago
Ibn Rushd in Bidayatul Mujtahid discusses how the ulema had reached different conclusions pertaining to the implied meaning of this hadith. Imam Dawud had understood that the words of the Prophet (s) should be understood to mean it is always obligatory to wash the hands before making wudu after waking up (which is inline with his literalist methodology of interpretation). Imam Ahmad’s understanding was that he (s) was only referring to sleep that had occurred during the night due to his understanding of the meaning of the word bayaat. Hence, it would not be obligatory on the one who awoke from sleep during the day. Malik and Ash-Shafii understood that the Prophet (s) was implying that it is always recommended (but not obligatory) to wash one’s hand before making the rest of wudu, regardless of whether or not they were sleeping prior to it. The hanafi books of fiqh also convey the same understanding. Ibn Rushd points out that the Prophet (s) was more likely bringing attention to the purity of the water rather than stipulating an additional action of wudu. If the hands are impure or there is some doubt that they are pure, then placing them in a water utensil puts doubt on the purity of the water.
Subscribe