Abu Dawud

Hadith Commentary:

Benefits and Issues:
➊ Ma'iz bin Malik radi Allahu anhu used to live with Hazzal radi Allahu anhu in the capacity of a servant, and Hazzal radi Allahu anhu had a divorced slave woman who used to herd his goats.
➋ Ma'iz radi Allahu anhu committed adultery (zina) with her.
➌ Then, feeling remorseful, he informed Hazzal radi Allahu anhu, who advised him to present himself before the Messenger of Allah sallallahu alayhi wa sallam, and brought him to the Prophet sallallahu alayhi wa sallam. This was a time of poverty.
➍ Some women in the era of ignorance (jahiliyyah) used to commit such acts.
➎ Even later, some continued this habit; due to their habitual nature, they would auction off their honor for trivial things, and in the absence of the Prophet sallallahu alayhi wa sallam—
➏ Since the noble Companions radi Allahu anhum would all try to participate with the Prophet sallallahu alayhi wa sallam in military expeditions (ghazwah), this would give immoral men and women the opportunity for such acts.
➐ Therefore, when an appropriate occasion arose, the Prophet sallallahu alayhi wa sallam warned such people in accordance with the situation, so that they would refrain from such actions,
➑ Otherwise, they should be prepared for a dreadful punishment.
➒ The one referred to here was not the Companion who presented himself (for punishment).

Hadith Gloss:
Vocabulary of the Hadith:
(1)
A’dhal:
Possessor of strong build and robust physique, i.e., one with a sturdy body.
(2)
Aakhir:
Insignificant, lowly.
(3)
Nabeeb:
The sound that a male goat makes when mating with a female goat.
(4)
Al-Kuthbah:
A small amount of milk or any trivial and insignificant thing.

Benefits and Issues:
From this hadith, it is understood that it is permissible to show a criminal the way out of his confession and admission, provided that he is not a habitual offender. And if someone retracts from confessing to a hadd (prescribed punishment) related to the rights of Allah, and there is no evidence against him, then his retraction will also be accepted.
(Sharh Nawawi, Muslim, vol. 2, p. 77)
However, a habitual criminal should be given an exemplary punishment, as is established from your (sallallahu alayhi wa sallam) sermon. And from the sermon of the Prophet (sallallahu alayhi wa sallam), it is understood that Hazrat Ma’iz (radi Allahu anhu) was not among them, because regarding him, the Prophet (sallallahu alayhi wa sallam) said, “If I get hold of them, I will make them an example,” and he was instructing Hazrat Ma’iz (radi Allahu anhu) to leave. And further, there is an explicit narration coming that the Prophet (sallallahu alayhi wa sallam) said to him: “Go back, seek forgiveness from Allah, repent,” and repeated this several times. On the fourth time, he asked, “Are you insane? Have you drunk wine?” And then praised his repentance, which he had demonstrated by demanding the hadd in practical form.