Both of them reported that two men brought a dispute before the Messenger of Allah ﷺ.One of them said, "Messenger of Allah, judge between us by the Book of Allah."The other, who was the more learned of the two, said, "Yes, Messenger of Allah, judge between us by the Book of Allah, and grant me permission to speak."The Prophet ﷺ said, "Speak."The man said, "My son was a hired worker for this man, and he committed adultery with his wife. I was told that my son must be stoned, so I ransomed him with a hundred sheep and a slave-girl of mine. Then I asked the people of knowledge, and they informed me that my son is to receive a hundred lashes and exile for a year, while stoning is the penalty upon this man's wife."The Messenger of Allah ﷺ said, "By the One in whose hand is my soul, I shall judge between you by the Book of Allah. As for your sheep and your slave-girl, they are returned to you. And your son shall receive a hundred lashes and be exiled for a year."Then he ordered Unays Aslami to go to the other man's wife. If she confessed, he was to stone her. She confessed, and he stoned her.
أنهما أخبراه أن رجلين اختصما إلى رسول الله ﷺ فقال أحدهما: يا رسول الله اقض بيننا بكتاب الله. وقال الآخر، وهو أفقههما: أجل يا رسول الله فاقض بيننا بكتاب الله. وائذن لي أن أتكلم قال: تكلم فقال: إن ابني كان عسيفا على هذا فزنى بامرأته. فأخبرني أن على ابني الرجم. فافتديت منه بمائة شاة وبجارية لي. ثم إني سألت أهل العلم فأخبروني: أن ما على ابني جلد مائة، وتغريب عام. وأخبروني أنما الرجم على امرأته. فقال رسول الله ﷺ: أما والذي نفسي بيده، لأقضين بينكما بكتاب الله. أما غنمك وجاريتك فرد عليك وجلد ابنه مائة. وغربه عاما. وأمر أنيسا الأسلمي أن يأتي امرأة الآخر. فإن اعترفت، رجمها، فاعترفت فرجمها.
Malik narrated it in the Book of Legal Punishments (6) from Ibn Shihab, from Ubaydullah bin Abdullah bin Utba bin Masud, from Abu Hurairah and Zayd bin Khalid Juhani, and they mentioned it. Bukhari narrated it in the Book of Oaths and Vows (6633, 6634) via Malik, with the same chain. Muslim narrated it in the Book of Legal Punishments (1697, 1698) through another route from Ibn Shihab.As for what has been narrated from some people of Hims among the companions of Muaz bin Jabal, that when the Messenger of Allah ﷺ wanted to send Muaz to Yemen, he said, "How will you judge when a case is presented to you?" He said, "I will judge by the Book of Allah." He said, "And if you do not find it in the Book of Allah?" He said, "Then by the sunnah of the Messenger of Allah." He said, "And if you do not find it in the sunnah of the Messenger of Allah, nor in the Book of Allah?" He said, "I will exert my own judgment and spare no effort." So the Messenger of Allah ﷺ struck his chest and said, "Praise be to Allah who has guided the messenger of the Messenger of Allah to what pleases the Messenger of Allah." This hadith is defective.Abu Dawud (3592) and Tirmidhi (1327) narrated it through two routes from Shuba, from Abu Awn, from Harith bin Amr, nephew of Mughira bin Shuba, from some people of Hims, and he mentioned it. It contains a discontinuity, and Harith bin Amr is unknown. It has also been narrated as connected, mentioning Muaz, by Abu Dawud (3593) and Tirmidhi (1328) and Ahmad (22007) and Bayhaqi (10/114) through the route of Abu Dawud. Aqeeli transmitted in Duafa Kabir (1/215) from Bukhari, who said, "It is not sound, and it is only known as mursal." I say, and indeed the companions of Muaz mentioned in it are unknown.Tirmidhi said, "This is a hadith we do not know except through this route, and its chain is not, in my view, connected." Ibn Hazm said, "This is a discarded hadith." Daraqutni also graded it daif, as did Abdull-Haq Ishbili, Dhahabi, and others among the masters of this discipline. Ibn Jawzi said in Ilal Mutanahiya (2/273), "This is a hadith that is not sound, and although the jurists all mention it in their books and rely on it, by my life, even if its meaning is correct, its authenticity is simply not established, because Harith bin Amr is unknown, and the companions of Muaz from the people of Hims are unknown, and whatever follows this path has no basis for being established." End of his words.I say, it is as they said. The meaning of this hadith has also been established from Umar bin Khattab and other companions. In Musannaf Ibn Abu Shayba (23444) and Nasai (5399), both through the hadith of Shurayh, that Umar bin Khattab wrote to him, "If something comes to you in the Book of Allah, judge by it, and do not let men turn you away from it. If a matter comes to you that is not in the Book of Allah, look to the sunnah of the Messenger of Allah ﷺ and judge by it. If something comes to you that is neither in the Book of Allah nor has a sunnah from the Messenger of Allah, look at what the people have agreed upon and take it. If something comes to you that is neither in the Book of Allah, nor has a sunnah from the Messenger of Allah, nor has anyone before you spoken about it, then choose whichever of the two courses you wish. If you wish to exert your own judgment and proceed, then proceed, and if you wish to hold back, then hold back. I see holding back as nothing but better for you." End, and the wording is that of Ibn Abu Shayba.The wording of Nasai is, from Shurayh, that he wrote to Umar asking him, and he wrote back to him, "Judge by what is in the Book of Allah. If it is not in the Book of Allah, then by the sunnah of the Messenger of Allah ﷺ. If it is neither in the Book of Allah nor in the sunnah of the Messenger of Allah, then judge by what the righteous have judged. If it is neither in the Book of Allah, nor in the sunnah of the Messenger of Allah, nor has been judged by the righteous, then if you wish, proceed, and if you wish, hold back. I see holding back as nothing but better for you. Peace be upon you." Its chain is sahih. There are other similar reports in the biographies of the companions.His statement, "I will exert my own judgment and spare no effort," means, I will strive to reach the truth and not fall short in doing so, when I do not find an explicit text from the Book or the sunnah. The Prophet ﷺ permitted the judge to exercise independent judgment, and granted him two rewards for getting it right, and one reward for getting it wrong. And success comes from Allah.