The Hadith “The plaintiff should provide the evidence and the oath is obliged on the defendant”

Question

What is the authenticity of this narration?

Rasulullah (sallallahu ‘alayhi wa sallam) said:

“It is the plaintiff who should provide the evidence, and the oath is obliged on the one that contests”

 

Answer

Imam Bayhaqi (rahimahullah) has recorded this narration with the words cited above on the authority of Sayyiduna ‘Abdullah ibn ‘Abbas (radiyallahu ‘anhuma).

(As Sunanul Kubra, vol. 10 pg. 252)

 

Hafiz Ibn Hajar (rahimahullah) has declared the chain sound (hasan).

(Fathul Bari, Hadith: 2668)

 

Imam Bukhari and Imam Muslim (rahimahumallah) have also recorded similar narrations.

(Sahih Bukhari, Hadith: 2514, 2668, 4552 and Sahih Muslim, Hadith: 1711)

 

Note

I have merely answered your question regarding the authenticity of the Hadith. Kindly refer to a reliable Mufti/Darul Ifta for further clarification regarding the laws deduced from this Hadith.

 

 

And Allah Ta’ala Knows best.

 

Answered by: Moulana Suhail Motala

 

Approved by: Moulana Muhammad Abasoomar

 

Checked by: Moulana Haroon Abasoomar