سنن ابي داود
Abu Dawud
كتاب الحدودPrescribed Punishments (Kitab Al-Hudud)
باب فِي صَاحِبِ الْحَدِّ يَجِيءُ فَيُقِرُّChapter: Regarding one deserving of the punishment coming to confess.
Hadith 4379
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى بْنِ فَارِسٍ ، حَدَّثَنَا الْفِّرْيَابِيُّ ، حَدَّثَنَا إِسْرَائِيلُ ، حَدَّثَنَا سِمَاكُ بْنُ حَرْبٍ ، عَنْ عَلْقَمَةَ بْنِ وَائِلٍ ، عَنْ أَبِيهِ ، " أَنَّ امْرَأَةً خَرَجَتْ عَلَى عَهْدِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ تُرِيدُ الصَّلَاةَ فَتَلَقَّاهَا رَجُلٌ فَتَجَلَّلَهَا فَقَضَى حَاجَتَهُ مِنْهَا فَصَاحَتْ وَانْطَلَقَ فَمَرَّ عَلَيْهَا رَجُلٌ ، فَقَالَتْ : إِنَّ ذَاكَ فَعَلَ بِي كَذَا وَكَذَا ، وَمَرَّتْ عِصَابَةٌ مِنْ الْمُهَاجِرِينَ فَقَالَتْ : إِنَّ ذَلِكَ الرَّجُلَ فَعَلَ بِي كَذَا وَكَذَا فَانْطَلَقُوا فَأَخَذُوا الرَّجُلَ الَّذِي ظَنَّتْ أَنَّهُ وَقَعَ عَلَيْهَا فَأَتَوْهَا بِهِ فَقَالَتْ : نَعَمْ هُوَ هَذَا ، فَأَتَوْا بِهِ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَلَمَّا أَمَرَ بِهِ قَامَ صَاحِبُهَا الَّذِي وَقَعَ عَلَيْهَا ، فَقَالَ : يَا رَسُولَ اللَّهِ أَنَا صَاحِبُهَا ، فَقَالَ لَهَا : اذْهَبِي فَقَدْ غَفَرَ اللَّهُ لَكِ ، وَقَالَ لِلرَّجُلِ قَوْلًا حَسَنًا " ، قَالَ أَبُو دَاوُد : يَعْنِي الرَّجُلَ الْمَأْخُوذَ ، وَقَالَ لِلرَّجُلِ الَّذِي وَقَعَ عَلَيْهَا ارْجُمُوهُ ، فَقَالَ : لَقَدْ تَابَ تَوْبَةً لَوْ تَابَهَا أَهْلُ الْمَدِينَةِ لَقُبِلَ مِنْهُمْ ، قَالَ أَبُو دَاوُد : رَوَاهُ أَسْبَاطُ بْنُ نَصْرٍ أَيْضًا ، عَنْ سِمَاكٍ .
Narrated Wail ibn Hujr: When a woman went out in the time of the Prophet ﷺ for prayer, a man attacked her and overpowered (raped) her. She shouted and he went off, and when a man came by, she said: That (man) did such and such to me. And when a company of the Emigrants came by, she said: That man did such and such to me. They went and seized the man whom they thought had had intercourse with her and brought him to her. She said: Yes, this is he. Then they brought him to the Messenger of Allah ﷺ. When he (the Prophet) was about to pass sentence, the man who (actually) had assaulted her stood up and said: Messenger of Allah, I am the man who did it to her. He (the Prophet) said to her: Go away, for Allah has forgiven you. But he told the man some good words (Abu Dawud said: meaning the man who was seized), and of the man who had had intercourse with her, he said: Stone him to death. He also said: He has repented to such an extent that if the people of Madina had repented similarly, it would have been accepted from them. Abu Dawud said: Asbat bin Nasr has also transmitted it from Simak.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊ The concept that all individuals in an Islamic society are free from sins and mistakes is not correct; rather, the correct understanding is that in an Islamic society, the practice of living according to the Shari‘ah way of life predominates. If someone commits a crime, then the Shari‘ah law is fully implemented regarding that matter.
➋ When a criminal confesses voluntarily and it is established through investigation that there is no doubt in his confession, then the prescribed Shari‘ah punishment (hadd) will be enforced upon him. However, regarding this narration, ‘Allamah al-Albani rahimahullah states that the preferred opinion is that the person was not stoned (rajm), and the wording (ارجموه) “stone him” is not authentic.
➊ The concept that all individuals in an Islamic society are free from sins and mistakes is not correct; rather, the correct understanding is that in an Islamic society, the practice of living according to the Shari‘ah way of life predominates. If someone commits a crime, then the Shari‘ah law is fully implemented regarding that matter.
➋ When a criminal confesses voluntarily and it is established through investigation that there is no doubt in his confession, then the prescribed Shari‘ah punishment (hadd) will be enforced upon him. However, regarding this narration, ‘Allamah al-Albani rahimahullah states that the preferred opinion is that the person was not stoned (rajm), and the wording (ارجموه) “stone him” is not authentic.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4379
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
Although the one who committed adultery was someone else, the woman mistakenly identified him.
2:
Because the act for which the legal punishment (hadd) is prescribed was forced upon you.
3:
That is, words of consolation were spoken to her, because she was innocent.
4:
Since he himself confessed to adultery and was married, the Prophet (sallallahu alayhi wa sallam) ordered that he be stoned.
Note:
(The mention of stoning in this is not correct; the preferred view is that stoning was not carried out. See: al-Sahihah, no. 900)
1:
Although the one who committed adultery was someone else, the woman mistakenly identified him.
2:
Because the act for which the legal punishment (hadd) is prescribed was forced upon you.
3:
That is, words of consolation were spoken to her, because she was innocent.
4:
Since he himself confessed to adultery and was married, the Prophet (sallallahu alayhi wa sallam) ordered that he be stoned.
Note:
(The mention of stoning in this is not correct; the preferred view is that stoning was not carried out. See: al-Sahihah, no. 900)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1454
