Advice to Disputing Parties -[The Grave Danger of Arguing Eloquently Until You Take What Does Not Belong To You]

In The Name of Allaah, The Most Merciful, The Bestower of Mercy

Umm Salamah [radiyallaahu anhaa] said that the Messenger of Allaah [sallal-laahu-alayhi-wasallam] said: Indeed, ‘’I am only a human being and you people come to me with your disputes. And it may be that one of you can present his case more eloquently than the other and I consider him truthful, & judge in his favour. So, if I ever judge and give the right of a brother to his brother, then it is a piece of hell-fire & let him not take it.” [Bukhaari 7181]

Some Reminders From This Hadeeth

[1] The Ummah [i.e. the scholars and judges] have been commissioned to judge based on what is apparent; but the mere judgement of a judge cannot prohibit the lawful and allow the unlawful [i.e. because it cannot be taken if proven erroneous].

[2] This Hadeeth contains a refutation against those who say that the Messengers possess knowledge of the unseen.

[3] This hadeeth also shows that speech can be seen to be true based on what is apparent, but it is truly falsehood with regards to what is hidden within it.

[4] Also this hadeeth shows that the one who receives a judgement in his favour is more aware than every other person as to whether he is entitled to it or whether he is a falsifier. So, he takes it if he is entitled to it or leaves it if he a falsifier, because- in reality- a judgment cannot change an affair from what it was in origin [i.e. the original truth in the affair before its distortion or concealment].

[5] Also this hadeeth shows the sinfulness of the one who argues based on falsehood until he receives what he wants publicly, whilst he is upon falsehood.

[6] Also in this hadeeth is proof to show that a scholar can make a mistake and it is a refutation against those who say that every Mujtahid is correct.

[7] Also this hadeeth shows us that the Mujtahid is forgiven (when he makes a mistake).

Source: Excerpt from Saheeh Al-Bukhaari [ Kitaab Al-Ahkaam] with Fathul Baari. abridged & paraphrased