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‏الحدود (The Book of Prescribed Punishments)
CHAPTER: HE WHO CONFESSES HIS GUILT OF ADULTERY  

No. 4196

Abu Huraira reported that a person from amongst the Muslims came to Allaah's Messenger (sallAllaahu alayhi wa sallam) while he was in the mosque. He called him saying: Allaah's Messenger. I have committed adultery. He (the Prophet) turned away from him, He (again) came round facing him and said to him: Allaah's Messenger, I have committed adultery. He (the Prophet) turned away until he did that four times, and as he testified four times against his own self, Allaah's Messenger (sallAllaahu alayhi wa sallam) called him and said: Are you mad? He said: No. He (again) said: Are you married? He said: Yes. Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: Take him and stone him. Ibn Shihab (one of the narrators) said: One who had heard Jabir b. 'Abdullah saying this informed me thus: I was one of those who stoned him. We stoned him at the place of prayer (either that of 'Id or a funeral). When the stones hurt him, he ran away. We caught him in the Harra and stoned him (to death). This hadith has been narrated through another chain of transmitters.

No. 4197

This hadith has been narrated on the authority of Abu Huraira through other chains of transmitters.

No. 4198

Jabir b. Samura reported: As he was being brought to Allaah's Prophet (sallAllaahu alayhi wa sallam) I saw Ma'iz b. Malik-a short-statured person with strong sinews, having no cloak around him. He bore witness against his own self four times that he had committed adultery, whereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: Perhaps (you kissed her or embraced her). He said: No. by God, one deviating (from the path of virtue) has committed adultery. He then got him stoned (to death), and then delivered the address: Behold, as we set out for Jihad in the cause of Allaah, one of you lagged behind and shrieked like the bleating of a male goat, and gave a small quantity of milk. By Allaah, in case I get hold of him, I shall certainly punish him.

No. 4199

Jabir b. Samura reported that there was brought to Allaah's Messenger (sallAllaahu alayhi wa sallam) a short-statured person with thick uncombed hair, muscular body, having a mantle around him and he had committed adultery. He turned him away twice and then made pronouncement about him and he was stoned. Then Allaah's Messenger (sallAllaahu alayhi wa sallam) said: We set out for Jihad in the cause of Allaah and one of you lagged behind and shrieked like the bleating of a male goat and one of then (goats' gave a small quantity of milk. In case Allaah gives me power over one of them, I will punish him (in such a way that it may have a deterrent effect upon others). In another narration transmitted on the authority of Sa'id b Jubair (the words are), that He (the Prophet) turned him away four times."

No. 4200

This hadith has been narrated on the authority of Jabir b. Samura through another chain of transmitters with the difference that along with the mentioning (of the fact) that he (the Prophet) turned him away twice, or thrice.

No. 4201

Ibn Abbas reported that Allaah's Prophet (sallAllaahu alayhi wa sallam) said to Ma'iz b. Malik: Is it true what has reached me about you? He said: What has reached you about me? He said: It has reached me that you have committed (adultery) with the slave-girl of so and so? He said: Yes. He (the narrator) said: He testified four times. He (the Prophet) then made pronouncement about him and he was stoned (to death).

No. 4202

Abu Sa'id reported that a person belonging to the clan of Aslam, who was called Ma, iz b. Malik, came to Allaah's Messenger (sallAllaahu alayhi wa sallam) and said: I have committed immorality (adultery), so inflict punishment upon me. Allaah's Prophet (sallAllaahu alayhi wa sallam) turned him away again and again. He then asked his people (about the state of his mind). They said: We do not know of any ailment of his except that he has committed something about which he thinks that he would not be able to relieve himself of its burden but with the Hadd being imposed upon him. He (Ma'iz) came back to Allaah's Prophet (sallAllaahu alayhi wa sallam) and he commanded us to stone him. We took him to the Baqi' al-Gharqad (the graveyard of Medina). We neither tied him nor dug any ditch for him. We attacked him with bones, with clods and pebbles. He ran away and we ran after him until he came upon the ston ground (al-Harra) and stopped there and we stoned him with heavy stones of the Harra until he became motionless (lie died). He (the Prophet) then addressed (us) in the evening saying Whenever we set forth on an expedition in the cause of Allaah, some one of those connected with us shrieked (under the pressure of sexual lust) as the bleating of a male goat. It is essential that if a person having committed such a deed is brought to me, I should punish him. He neither begged forgiveness for him nor cursed him.

No. 4203

Dawud narrated the hadith with the same chain of transmitters (and the words are): Allaah's Prophet (sallAllaahu alayhi wa sallam) stood tip (to address the audience) in the evening and praised Allaah, glorified Him and then said: What about the people, that as we set out on an expedition, one of you remained behind us and he shrieked like the bleating of a male goat? But he did not mention (these words): People connected with us."

No. 4204

This hadith has been narrated on the authority of Dawud with the same chain of transmitters but with this variation that in the hadith narrated by Sufyan (the words are):" He made a confession of having committed adultery, thrice."

No. 4205

Sulaiman b. Buraida reported on the authority of his father that Ma, iz b. Malik came to Allaah's Prophet (sallAllaahu alayhi wa sallam) and said to him: Messenger of Allaah, purify me, whereupon he said: Woe be upon you, go back, ask forgiveness of Allaah and turn to Him in repentance. He (the narrator) said that he went back not far, then came and said: Allaah's Messenger, purify me. whereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: Woe be upon you, go back and ask forgiveness of Allaah and turn to Him in repentance. He (the narrator) said that he went back not far, when he came and said: Allaah's Messenger, purify me. Allaah's Prophet (sallAllaahu alayhi wa sallam) said as he had said before. When it was the fourth time, Allaah's Messenger (may, sallAllaahu alayhi wa sallam) said: From what am I to purify you? He said: From adultery, Allaah's Messenger (sallAllaahu alayhi wa sallam) asked if he had been mad. He was informed that he was not mad. He said: Has he drunk wine? A person stood up and smelt his breath but noticed no smell of wine. Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: Have you committed adultery? He said: Yes. He made pronouncement about him and he was stoned to death. The people had been (divided) into two groups about him (Ma'iz). One of them said: He has been undone for his sins had encompassed him, whereas another said: There is no repentance more excellent than the repentance of Ma'iz, for he came to Allaah's Prophet (sallAllaahu alayhi wa sallam) and placing his hand in his (in the Prophet's) hand said: Kill me with stones. (This controversy about Ma'iz) remained for two or three days. Then came Allaah's Messenger (sallAllaahu alayhi wa sallam) to them (his Companions) as they were sitting. He greeted them with salutation and then sat down and said: Ask forgiveness for Ma'iz b. Malik. They said: May Allaah forgive Ma'iz b. Malik. Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: He (Ma'iz) has made such a repentance that if that were to be divided among a people, it would have been enough for all of them. He (the narrator) said: Then a woman of Ghamid, a branch of Azd, came to him and said: Messenger of of Allaah, purify me, whereupon he said: Woe be upon you; go back and beg forgiveness from Allaah and turn to Him in repentance. She said: I find that you intend to send me back as you sent back Ma'iz. b. Malik. He (the Prophet) said: What has happened to you? She said that she had become pregnant as a result of fornication. He (the Prophet) said: Is it you (who has done that)? She said: Yes. He (the Prophet) said to her: (You will not be punished) until you deliver what is there in your womb. One of the Ansar became responsible for her until she was delivered (of the child). He (that Ansari) came to Allaah's Prophet (sallAllaahu alayhi wa sallam) and said the woman of Ghamid has given birth to a child. He (the Prophet) said: In that case we shall not stone her and so leave her infant with none to suckle him. One of the Ansar got up and said: Allaah's Prophet, let the responsibility of his suckling be upon me. She was then stoned to death.

No. 4206

'Abdullah b. Buraida reported on the authority of his father that Ma'iz b. Malik al-Aslami came to Allaah's Messenger (sallAllaahu alayhi wa sallam) and said: Allaah's Messenger, I have wronged myself; I have committed adultery and I earnestly desire that you should purify me. He turned him away. On the following day, he (Ma'iz) again came to him and said: Allaah's Messenger, I have committed adultery. Allaah's Messenger (sallAllaahu alayhi wa sallam) turned him away for the second time, and sent him to his people saying: Do you know if there is anything wrong with his mind. They denied of any such thing in him and said: We do not know him but as a wise good man among us, so far as we can judge. He (Ma'iz) came for the third time, and he (the Prophet) sent him as he had done before. He asked about him and they informed him that there was nothing wrong with him or with his mind. When it was the fourth time, a ditch was dug for him and he (the Prophet) pronounced judg- ment about him and he wis stoned. He (the narrator) said: There came to him (the Prophet) a woman from Ghamid and said: Allaah's Messenger, I have committed adultery, so purify me. He (the Prophet) turned her away. On the following day she said: Allaah's Messenger, Why do you turn me away? Perhaps, you turn me away as you turned away Ma'iz. By Allaah, I have become pregnant. He said: Well, if you insist upon it, then go away until you give birth to (the child). When she was delivered she came with the child (wrapped) in a rag and said: Here is the child whom I have given birth to. He said: Go away and suckle him until you wean him. When she had weaned him, she came to him (the Prophet) with the child who was holding a piece of bread in his hand. She said: Allaah's Prophet, here is he as I have weaned him and he eats food. He (the Prophet) entrusted the child to one of the Muslims and then pronounced punishment. And she was put in a ditch up to her chest and he commanded people and they stoned her. Khalid b Walid came forward with a stone which he flung at her head and there spurted blood on the face of Khalid and so he abused her. Allaah's Prophet (sallAllaahu alayhi wa sallam) heard his (Khalid's) curse that he had huried upon her. Thereupon he (the Prophet) said: Khalid, be gentle. By Him in Whose Hand is my life, she has made such a repentance that even if a wrongful tax-collector were to repent, he would have been forgiven. Then giving command regarding her, he prayed over her and she was buried.

No. 4207

Imran b. Husain reported that a woman from Juhaina came to Allaah's Prophet (sallAllaahu alayhi wa sallam) and she had become pregnant because of adultery. She said: Allaah's Prophet, I have done something for which (prescribed punishment) must be imposed upon me, so impose that. Allaah's Prophet (sallAllaahu alayhi wa sallam) called her master and said: Treat her well, and when she delivers bring her to me. He did accordingly. Then Allaah's Prophet (sallAllaahu alayhi wa sallam) pronounced judgment about her and her clothes were tied around her and then he commanded and she was stoned to death. He then prayed over her (dead body). Thereupon Umar said to him: Allaah's Prophet, you offer prayer for her, whereas she had committed adultery! Thereupon he said: She has made such a repentance that if it were to be divided among seventy men of Medina, it would be enough. Have you found any repentance better than this that she sacr ficed her life for Allaah, the Majestic?

No. 4208

This hadith has been transmitted on the authority of Yahya b. Abu Kathir.

No. 4209

Abu Huraira and Zaid b Khalid al-Juhani reported that one of the desert tribes came to Allaah's Messenger (sallAllaahu alayhi wa sallam) and said: Messenger of Allaah, I beg of you in the name of Allaah that you pronounce judgment about me according to the Book of Allaah. The second claimant who was wiser than him said: Well, decide amongst us according to the Book of Allaah, but permit me (to say something). Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: Say. He said: My son was a servant in the house of this person and he committed adultery with his wife. I was informed that my son deserved stoning to death (as punishment for this offence). I gave one hundred goats and a slave girl as ransom for this. I asked the scholars (if this could serve as an expiation for this offence). They informed me that my son deserved one hundred lathes and exile for one year. and this woman deserved stoning (as she was married). Thereupon Allaah's Messenger (may peace he upon him) said: By Him in Whose Hand is my life. I will decide between you according to the Book of Allaah. The slave-girl and the goats should be given back, and your son is to be punished with one hundred lashes and exile for one year. And, O Unais (b. Zuhaq al-Aslami), go to this woman in the morning, and if she makes a confession, then stone her. He (the narrator) said: He went to her in the morning and she made a confession. And Allaah's Messenger (sallAllaahu alayhi wa sallam) made pronouncement about her and she was stoned to death.

No. 4210

This hadith has been narrated on the authority of Zuhri with the same chain of transmitters.




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