Abu Dawud

Benefits and Issues:
There is no contradiction in these hadiths; rather, the people of the community told him to go to the Messenger of Allah (sallallahu alayhi wa sallam), and when he came, the Prophet (sallallahu alayhi wa sallam) also inquired from him. When he confessed four times, the prescribed punishment (hadd) was established upon him.

Hadith Commentary:
It is understood from this that it is permissible for a judge to prompt (teach) the one confessing to adultery (zina) so that he may be able to defend himself, because the term zina is also applied to looking with desire and to kissing and embracing. Therefore, the judge should have the act of zina clarified in explicit terms, because legal punishments (hudud) are not established through hints or indirect expressions. Accordingly, in other hadiths, when Ma‘iz bin Malik radi Allahu anhu confessed four times regarding himself that he had committed zina and requested that the legal punishment be carried out upon him, the Prophet sallallahu alayhi wa sallam said:

“Are you insane?” Then he inquired from his tribe:
“Does he suffer from madness?” Then he asked those present:
“Has he drunk wine?” They smelled his mouth and replied that he had not.

The Prophet sallallahu alayhi wa sallam said:
“Perhaps you only kissed or embraced, or perhaps you only looked (with desire)?” He replied:
No.

The Prophet sallallahu alayhi wa sallam said:
“Did you lie with her?” He said:
Yes.

He said:
“Did you have intercourse (mubasharah) with her?” He replied:
Yes.

He said:
“Did you have sexual intercourse (jima‘) with her?” He replied:
Yes.

In this narration, the Prophet sallallahu alayhi wa sallam used clear, explicit, and unequivocal words for intercourse (jima‘), and did not use any kind of hint or indirect expression.

He further said:
“Did you perform penetration (dukhul)?” He replied:
Yes.

He said:
“In the manner that the kohl stick disappears into the kohl container, and the bucket disappears into the well?” He said:
Yes.

Finally, the Prophet sallallahu alayhi wa sallam said:
“Do you know what zina is?” He said:
I have done with her exactly what a husband does with his wife.

The Prophet sallallahu alayhi wa sallam said:
“What do you want now?” He replied:
Purify me.

After asking many such different types of questions, the Prophet sallallahu alayhi wa sallam ordered that he be stoned (rajm).

(Fath al-Bari: 12/152)

Hadith Commentary: Benefits and Issues: We have already mentioned above that the one who brought him was Hudhal radi Allahu anhu, and the Prophet sallallahu alayhi wa sallam had also said to him, "It would have been better for you to conceal this." And those who came along with him had already informed the Prophet sallallahu alayhi wa sallam of the entire incident. That is why the Prophet sallallahu alayhi wa sallam questioned Ma'iz and also tried to show him a way to withdraw from his confession. However, due to Hudhal radi Allahu anhu’s insistence, he remained firm on his statement.

Explanation:

1: That is, if the offender is confessing his sin himself, then to present before him such matters by which the prescribed punishment (hadd) would not become obligatory upon him.

Benefits and Issues:
In this incident, the Prophet (sallallahu alayhi wa sallam) gave the command for stoning (rajm) only after all kinds of doubts had been removed and certainty of adultery (zina) had been established. Even now, this is the instruction for the judge and ruler, as will be clearly stated in the next hadith.

Benefits and Issues:
When the prescribed punishment (hadd) was carried out on Ma'iz radi Allahu anhu, his funeral prayer was not performed immediately at that time, as is mentioned in the narration of Sahih al-Bukhari.
See (Sahih al-Bukhari, Hudud, Hadith: 682)

Takhrij:
«أخرجه البخاري، الحدود، باب هل يقول الإمام للمقر: لعلك لمست أو غمزت، حديث:6824.»©Explanation:
From this hadith, it is understood that until the adulterer confesses to the crime in clear and explicit words, of his own free will and choice, he will not be ordered to be stoned; furthermore, he should not be under any kind of external or internal pressure.