Chapter on Claims That Are Accepted Without Evidence

Hadith.3425 - A Bedouin came to the Prophet, peace be upon him and his family, and claimed seventy dirhams as the price of a she-camel he had sold to Him (sw). The Prophet (sw) said: "I have paid you." The Bedouin said: "Appoint someone between me and you who will judge between us." Then, a man from Quraysh approached, and the Messenger of Allah (swt), peace be upon him and his family, said: "Judge between us." The man asked the Bedouin: "What is your claim against the Messenger of Allah (swt)?" He replied: "Seventy dirhams, the price of a she-camel I sold to Him (sw)." The judge asked: "What do you say, O Messenger of Allah (swt)?" The Prophet (sw) said: "I have paid him." The judge then asked the Bedouin: "What do you say?" The Bedouin replied: "He (sw) has not paid me." The judge said to the Messenger of Allah (swt), peace be upon him and his family: "Do you have any evidence that you have paid him?" The Prophet (sw) said: "No." The judge then said to the Bedouin: "Will you swear that you have not received your due and then take it?" The Bedouin replied: "Yes." Then the Messenger of Allah (swt), peace be upon him and his family, said: "I will indeed take this matter for judgment to a man who judges between us with the judgment of Allah (swt), the Mighty and Majestic." The Messenger of Allah (swt), peace be upon him and his family, went to Imam Ali ibn Abi Talib (as), accompanied by the Bedouin. Imam Ali ibn Abi Talib (as) said: "What is the matter, O Messenger of Allah (swt)?" He (sw) said: "O Abu al-Hasan (as), judge between me and this Bedouin." Imam Ali ibn Abi Talib (as) said: "O Bedouin, what is your claim against the Messenger of Allah (swt)?" The Bedouin replied: "Seventy dirhams, the price of a she-camel I sold to him (sw)." Imam Ali ibn Abi Talib (as) asked: "What do you say, O Messenger of Allah (swt)?" The Prophet, peace be upon him and his family, said: "I have paid him its price." Imam Ali ibn Abi Talib (as) said: "O Bedouin, has the Messenger of Allah (swt), peace be upon him and his family, spoken the truth in what He (sw) said?" The Bedouin replied: "No, He (sw) has not paid me anything." Imam Ali ibn Abi Talib (as), then drew his sword and struck his neck. The Messenger of Allah (swt), peace be upon him and his family, said: "Why did you do that, O Ali (as)?" Imam Ali ibn Abi Talib (as) replied: "O Messenger of Allah (swt), we believe you concerning Allah's (swt) commands and prohibitions, and regarding Paradise and Hell, reward and punishment, and the revelation of Allah (swt), the Mighty and Majestic. Should we then not believe you concerning the price of this Bedouin's she-camel? I killed him because he denied you when I asked him, 'Has the Messenger of Allah (swt) spoken the truth in what he said?' and he replied: 'No, he has not paid me anything.'" The Messenger of Allah (swt), peace be upon him and his family, said: "You have done right, O Ali (as), but do not repeat this again." Then, He (sw) turned to the Qurayshi man who had followed him and said: "This is the judgment of Allah (swt), not what you had judged."

The Messenger of Allah (swt), peace be upon him and his family, came out from the house of Aisha, and a Bedouin approached him with a she-camel. The Bedouin said: "O Muhammad, will you buy this she-camel?" The Prophet, peace be upon him and his family, said: "Yes. For how much do you sell it, O Bedouin?" The Bedouin replied: "For two hundred dirhams." The Prophet, peace be upon him and his family, said: "Rather, your she-camel is worth more than this." The Prophet, peace be upon him and his family, continued to increase the price until he purchased the she-camel for four hundred dirhams. When the Prophet, peace be upon him and his family, handed the dirhams to the Bedouin, the Bedouin grabbed the reins of the she-camel and said: "The she-camel is mine, and the dirhams are mine. If Muhammad (sw) has any claim, let him present evidence." Then a man approached, and the Prophet, peace be upon him and his family, said: "Do you agree to this elder who has come to judge between us?" The Bedouin said: "Yes, O Muhammad (sw)." The Prophet, peace be upon him and his family, said: "Judge between me and this Bedouin." The man said: "Speak, O Messenger of Allah (swt)." The Prophet, peace be upon him and his family, said: "The she-camel is mine, and the dirhams belong to the Bedouin." The Bedouin said: "Rather, the she-camel is mine, and the dirhams are mine. If Muhammad (sw) has any claim, let him present evidence." The man said: "The case is clear, O Messenger of Allah (swt), since the Bedouin is asking for evidence." The Prophet, peace be upon him and his family, said to him, "Sit down." So he sat. Then another man approached, and the Prophet, peace be upon him and his family, said: "Do you agree, O Bedouin, to this elder who has come to judge between us?" The Bedouin said: "Yes, O Muhammad (sw)." When the man came closer, the Prophet, peace be upon him and his family, said: "Judge between me and the Bedouin." The man said: "Speak, O Messenger of Allah (swt)." The Prophet, peace be upon him and his family, said: "The she-camel is mine, and the dirhams belong to the Bedouin." The Bedouin said: "Rather, the she-camel is mine, and the dirhams are mine. If Muhammad (sw) has any claim, let him present evidence." The man said: "The case is clear, O Messenger of Allah (swt), because the Bedouin is asking for evidence." The Prophet, peace be upon him and his family, said: "Sit until Allah (swt) brings someone who will judge between me and the Bedouin with truth." Then Imam Ali ibn Abi Talib (as) approached. The Prophet, peace be upon him and his family, said: "Do you accept this young man who has come forward as a judge?" The Bedouin said: "Yes." When Imam Ali ibn Abi Talib (as) drew near, the Prophet, peace be upon him and his family, said: "O Abu al-Hasan (as), judge between me and this Bedouin." Imam Ali ibn Abi Talib (as) said: "Speak, O Messenger of Allah (swt)." The Prophet, peace be upon him and his family, said: "The she-camel is mine, and the dirhams belong to the Bedouin." The Bedouin said: "No, rather the she-camel is mine, and the dirhams are mine. If Muhammad (sw) has any claim, let him bring evidence." Imam Ali ibn Abi Talib (as) said: "Leave the she-camel with the Messenger of Allah (swt), peace be upon him and his family." The Bedouin replied: "I will not do so unless He (sw) presents evidence." Imam Ali ibn Abi Talib (as) then entered his house, took hold of the hilt of his sword, and came back. Imam Ali ibn Abi Talib (as) said: "Leave the she-camel with the Messenger of Allah (swt), peace be upon him and his family." The Bedouin replied: "I will not do so unless he presents evidence." So Imam Ali ibn Abi Talib (as) struck him with a blow. The people of Hijaz said that he struck off his head, while some people of Iraq said that he cut off one of his limbs. The Prophet, peace be upon him and his family, said: "What made you do this, O Ali (as)?" Imam Ali ibn Abi Talib (as) said: "O Messenger of Allah (swt), we believe you concerning the revelation from the heavens, yet we do not believe you regarding four hundred dirhams?"

The Prophet, peace be upon him and his family, purchased a horse from a Bedouin. The Prophet, peace be upon him and his family, walked quickly to pay him the price of the horse, but the Bedouin delayed. Meanwhile, some men intercepted the Bedouin and began bargaining with him for the horse, unaware that the Prophet, peace be upon him and his family, had already bought it. Some of them even offered the Bedouin a higher price. Then the Bedouin called out: "If you want to buy this horse, then buy it; otherwise, I will sell it to someone else." The Prophet, peace be upon him and his family, upon hearing this, said: "Did I not already buy it from you?" People began to gather around the Prophet, peace be upon him and his family, and the Bedouin, and they started disputing. The Bedouin said: "Bring a witness to testify that I sold it to you." Among the Muslims who arrived, they said to the Bedouin: "The Prophet, peace be upon him and his family, does not speak except the truth." Then Khuzayma ibn Thabit came forward, listened to the argument between the Prophet, peace be upon him and his family, and the Bedouin, and said: "I bear witness that you have sold it to him." The Prophet, peace be upon him and his family, turned to Khuzayma and said: "On what basis do you testify?" Khuzayma replied: "By affirming your truthfulness, O Messenger of Allah (swt)." Then the Prophet, peace be upon him and his family, declared the testimony of Khuzayma ibn Thabit equal to the testimony of two witnesses, and he called him 'Dhul Shahadatayn' (the possessor of two testimonies).

"This is Talha's armor, which was taken unlawfully on the day of Basra." Ibn Qufl said: "O Commander of the Faithful, appoint as judge between you and me the one you have approved for the Muslims." Imam Ali ibn Abi Talib (as) appointed Shurayh as the judge. Imam Ali ibn Abi Talib (as) said: "This is Talha's armor, which was taken unlawfully on the day of Basra." Shurayh said: "O Commander of the Faithful, bring evidence for what you claim." So Imam Ali ibn Abi Talib (as) brought Imam Hasan ibn Ali (as), who testified that it was Talha's armor and had been taken unlawfully on the day of Basra. Shurayh said: "This is one witness, but I do not pass judgment based on a single witness until there is another." Imam Ali ibn Abi Talib (as) then brought Qanbar, who testified that it was Talha's armor and had been taken unlawfully on the day of Basra. Shurayh said: "This is a servant, and I do not pass judgment based on the testimony of a servant." Imam Ali ibn Abi Talib (as) became angry and said: "Take the armor, for this judge has ruled unjustly three times." Shurayh then moved away from his seat and said: "I will not judge between two people until you explain to me how I have ruled unjustly three times." Imam Ali ibn Abi Talib (as) said: "When I told you that it was Talha's armor, taken unlawfully on the day of Basra, you demanded evidence, even though the Messenger of Allah (swt), peace be upon him and his family, said: 'Wherever stolen property is found, it shall be taken without the need for evidence.' I said to myself, 'Perhaps this man has not heard this Hadith.' Then I brought you al-Hasan (as), who testified, and you said: 'This is one witness, and I do not pass judgment based on a single witness until there is another.' Yet the Messenger of Allah (swt), peace be upon him and his family, passed judgment based on one witness and an oath. This was the second error. Then I brought you Qanbar, who testified, and you said: 'This is a servant, and I do not accept the testimony of a servant.' But there is nothing wrong with accepting the testimony of a servant if he is just. This was the third error." Then Imam Ali ibn Abi Talib (as) said: "O Shurayh, the Imam of the Muslims is entrusted with matters greater than this." Abu Ja'far Imam Muhammad ibn Ali Al-Baqir (as) said: "The first to reject the testimony of a servant was Rum'a."

I wrote to Abu al-Hasan (as) saying: "May I be your ransom. If a woman dies and her father claims that he had lent her some of the items or servants in her possession, is his claim accepted without evidence, or is it not accepted unless he provides evidence?" Imam (as) wrote in reply: "His claim is accepted without evidence." Ja'far continued: I also wrote to Abu al-Hasan (as), referring to Imam Ali ibn Muhammad (as): "May I be your ransom. If the deceased woman's husband, or the father of her husband, or the mother of her husband, makes a similar claim about lending some of the items or servants, like the father had claimed, would they be treated like the father in their claim?" Imam (as) wrote in reply: "No."

"If a man divorces his wife, and she claims that the belongings are hers while he claims that the belongings are his, then the man is entitled to what is for men, and the woman is entitled to what is for women." It has also been narrated: "The woman has a greater right to the belongings because it is commonly known among the people of the area that a woman brings belongings with her to her husband's house."