48 Mortgaging
Volume no 3
Hadith Number 2514
Chapter: 6 Dispute between the mortgagor and mortgagee
Narrated Ibn Abu Mulaika: I wrote a letter to Ibn `Abbas and he wrote to me that the Prophet (peace be upon him) had given the verdict that the defendant had to take an oath.
Hadith Number 2515
Chapter: 6 Dispute between the mortgagor and mortgagee
Narrated Abu Wail: Abdullah (bin Mas’ud) said, “Whoever took a false oath in order to grab somebody’s property will meet Allah while Allah will be angry with him.” Allah revealed the following verse to confirm that:–“Verily! Those who purchase a small gain at the cost of Allah’s covenant And their oaths…a painful torment.” (3.77) Al-Ash’ath bin Qais came to us and asked as to what Abu Abdur-Rehman (i.e. Ibn Mas’ud) was telling you.” We related the story to him. On that he said, “He has told the truth. This verse was revealed about me. I had some dispute with another man regarding a well and we took the case before Allah’s Messenger (PBUH). Allah’s Messenger (PBUH) 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 Messenger (PBUH) then said, ‘Whoever took a false oath in order to grab someone else’s property will meet Allah, Allah will be angry with him.’ Allah then revealed what Confirmed it.” Al-Ash’ath then recited the following Verse:–“Verily! Those who purchase a small gain at the cost of Allah’s covenant, And their oaths . . . (to) . . . they shall have a painful torment!’ (3.77) (See Hadith No. 546)