سنن ابي داود
Abu Dawud
كتاب الحدودPrescribed Punishments (Kitab Al-Hudud)
باب فِي الْمَجْنُونِ يَسْرِقُ أَوْ يُصِيبُ حَدًّاChapter: If an insane person steals or commits a crime that is subject to a had.
Hadith 4399
اُردوEn
حَدَّثَنَا عُثْمَانُ بْنُ أَبِي شَيْبَةَ ، حَدَّثَنَا جَرِيرٌ ، عَنِ الْأَعْمَشِ ، عَنْ أَبِي ظَبْيَانَ ، عَنِ ابْنِ عَبَّاسٍ ، قَالَ : " أُتِيَ عُمَرُ بِمَجْنُونَةٍ قَدْ زَنَتْ فَاسْتَشَارَ فِيهَا أُنَاسًا فَأَمَرَ بِهَا عُمَرُ أَنْ تُرْجَمَ ، مُرَّ بِهَا عَلَى عَلِيِّ بْنِ أَبِي طَالِبٍ رِضْوَانُ اللَّهِ عَلَيْهِ ، فَقَالَ : مَا شَأْنُ هَذِهِ ؟ قَالُوا : مَجْنُونَةُ بَنِي فُلَانٍ زَنَتْ فَأَمَرَ بِهَا عُمَرُ أَنْ تُرْجَمَ ، قَالَ : فَقَالَ ارْجِعُوا بِهَا ثُمَّ أَتَاهُ ، فَقَالَ : يَا أَمِيرَ الْمُؤْمِنِينَ أَمَا عَلِمْتَ أَنَّ الْقَلَمَ قَدْ رُفِعَ عَنْ ثَلَاثَةٍ : عَنِ الْمَجْنُونِ حَتَّى يَبْرَأَ ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ ، وَعَنِ الصَّبِيِّ حَتَّى يَعْقِلَ ، قَالَ : بَلَى ، قَالَ : فَمَا بَالُ هَذِهِ ؟ تُرْجَمُ ، قَالَ : لَا شَيْءَ قَالَ : فَأَرْسِلْهَا قَالَ : فَأَرْسَلَهَا قَالَ : فَجَعَلَ يُكَبِّرُ "
Narrated Ali ibn Abu Talib: Ibn Abbas said: A lunatic woman who had committed adultery was brought to Umar. He consulted the people and ordered that she should be stoned. Ali ibn Abu Talib passed by and said: What is the matter with this (woman)? They said: This is a lunatic woman belonging to a certain family. She has committed adultery. Umar has given orders that she should be stoned. He said: Take her back. He then came to him and said: Commander of the Faithful, do you not know that there are three people whose actions are not recorded: a lunatic till he is restored to reason, a sleeper till he awakes, and a boy till he reaches puberty? He said: Yes. He then asked: Why is it that this woman is being stoned? He said: There is nothing. He then said: Let her go. He (Umar) let her go and began to utter: Allah is most great.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊ The command of Allah, the Exalted, is: (And above every possessor of knowledge is one [more] knowing) (Yusuf: 76). There are always those with more knowledge than any knowledgeable person.
This reality was also present among the noble Companions (radi Allahu anhum).
No single Companion, individually, was the comprehensive and all-encompassing possessor of all the knowledge of the Shari‘ah and Prophethood; however, collectively, the entire knowledge of the Shari‘ah was present and dispersed among the Companions (radi Allahu anhum), which, with the passage of time, continued to be compiled in the collections of the Sunnah.
The same is the case with ijtihad (independent legal reasoning): not all the Companions, nor the eminent Imams or judges after them, were equal in this attribute. Therefore, it is not permissible for any follower of the religion to assume regarding the four Imams or other scholars of the Ummah that only they were the most complete scholars of the Shari‘ah, or that only their fatwa (legal verdict) and statement is the final word in the religion.
It is obligatory upon the people of knowledge that, in non-explicitly-textual matters, they strive according to their ability to learn the fatwas and statements of various Imams and scholars, so that they may issue fatwas and make decisions with insight.
➋ It is obligatory upon the people of knowledge that if other rulers, scholars, or judges are making a mistake, they should inform them and convince them with evidence.
Similarly, the one in authority should not hesitate to accept the truth.
➌ If a madman, insane person, or a young minor child commits a crime, or if a crime is committed while asleep, then the prescribed legal punishment (hadd) does not apply to them.
➊ The command of Allah, the Exalted, is: (And above every possessor of knowledge is one [more] knowing) (Yusuf: 76). There are always those with more knowledge than any knowledgeable person.
This reality was also present among the noble Companions (radi Allahu anhum).
No single Companion, individually, was the comprehensive and all-encompassing possessor of all the knowledge of the Shari‘ah and Prophethood; however, collectively, the entire knowledge of the Shari‘ah was present and dispersed among the Companions (radi Allahu anhum), which, with the passage of time, continued to be compiled in the collections of the Sunnah.
The same is the case with ijtihad (independent legal reasoning): not all the Companions, nor the eminent Imams or judges after them, were equal in this attribute. Therefore, it is not permissible for any follower of the religion to assume regarding the four Imams or other scholars of the Ummah that only they were the most complete scholars of the Shari‘ah, or that only their fatwa (legal verdict) and statement is the final word in the religion.
It is obligatory upon the people of knowledge that, in non-explicitly-textual matters, they strive according to their ability to learn the fatwas and statements of various Imams and scholars, so that they may issue fatwas and make decisions with insight.
➋ It is obligatory upon the people of knowledge that if other rulers, scholars, or judges are making a mistake, they should inform them and convince them with evidence.
Similarly, the one in authority should not hesitate to accept the truth.
➌ If a madman, insane person, or a young minor child commits a crime, or if a crime is committed while asleep, then the prescribed legal punishment (hadd) does not apply to them.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4399
