حَدَّثَنَا
مُسْلِمُ بْنُ إِبْرَاهِيمَ ، أَنَّ
هِشَامًا الدَّسْتُوَائِيَّ ،
وَأَبَانَ ابْنَ يَزِيدَ ، حَدَّثَاهُمُ الْمَعْنَى ، عَنْ
يَحْيَى ، عَنْ
أَبِي قِلَابَةَ ، عَنْ
أَبِي الْمُهَلَّبِ ، عَنْ
عِمْرَانَ بْنِ حُصَيْنٍ : أَنَّ امْرَأَةً ، قَالَ فِي حَدِيثِ أَبَانَ : مِنْ جُهَيْنَةَ ، أَتَتِ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَتْ : " إِنَّهَا زَنَتْ وَهِيَ حُبْلَى ، فَدَعَا النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَلِيًّا لَهَا ، فَقَالَ لَهُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : أَحْسِنْ إِلَيْهَا فَإِذَا وَضَعَتْ فَجِئْ بِهَا ، فَلَمَّا أَنْ وَضَعَتْ جَاءَ بِهَا ، فَأَمَرَ بِهَا النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَشُكَّتْ عَلَيْهَا ثِيَابُهَا ، ثُمَّ أَمَرَ بِهَا فَرُجِمَتْ ، ثُمَّ أَمَرَهُمْ فَصَلُّوا عَلَيْهَا ، فَقَالَ عُمَرُ : يَا رَسُولَ اللَّهِ تُصَلِّي عَلَيْهَا وَقَدْ زَنَتْ ، قَالَ : وَالَّذِي نَفْسِي بِيَدِهِ لَقَدْ تَابَتْ تَوْبَةً لَوْ قُسِّمَتْ بَيْنَ سَبْعِينَ مِنْ أَهْلِ الْمَدِينَةِ لَوَسِعَتْهُمْ ، وَهَلْ وَجَدْتَ أَفْضَلَ مِنْ أَنْ جَادَتْ بِنَفْسِهَا " ، لَمْ يَقُلْ : عَنْ أَبَانَ ، فَشُكَّتْ عَلَيْهَا ثِيَابُهَا .
Narrated Imran ibn Husayn: A woman belonging to the tribe of Juhaynah (according to the version of Aban) came to the Prophet ﷺ and said that she had committed fornication and that she was pregnant. The Messenger of Allah ﷺ called her guardian. Then the Messenger of Allah ﷺ said to him: Be good to her, and when she bears a child, bring her (to me). When she gave birth to the child, he brought her (to him). The Prophet ﷺ gave orders regarding her, and her clothes were tied to her. He then commanded regarding her and she was stoned to death. He commanded the people (to pray) and they prayed over her. Thereupon Umar said: Are you praying over her, Messenger of Allah, when she has committed fornication? He said: By Him in Whose hand my soul is, she has repented to such an extent that if it were divided among the seventy people of Madina, it would have been enough for them all. And what do you find better than the fact that she gave her life. Aban did not say in his version: Then her clothes were tied to her.
Explanation & Benefits
Hafiz Muhammad Ameen
1959. Commentary:
➊ “Entrusted to the guardian”: Because the child born from adultery is innocent, therefore he will not be killed; rather, he will be protected. Moreover, this method will help in preventing adultery, because in the form of the child, there will remain an everlasting disgrace for the adulterers.
➋ “She gave birth to the child”: She was not stoned immediately after giving birth, but in other narrations it is mentioned that when the child became independent of her milk and started eating bread. May we be sacrificed for such a compassionate and noble Prophet—sallallahu alayhi wa sallam.
➌ If a married woman commits adultery, she too will be stoned just as a man is stoned.
➍ A pregnant woman will not be stoned until she has delivered the child and the child has started eating and drinking other than milk.
➎ It is recommended (mustahabb) to tie clothes so that there is no exposure.
➏ It is not necessary for the judge (qadi) or ruler to participate in the stoning.
➐ If a long time has passed since the sin was committed, the prescribed punishment (hadd) is not dropped because of that; rather, whenever the case is proven in court, the hadd will be established.
➑ After the hadd has been carried out, a person cannot be taunted for that sin, because the hadd eliminates the sin; now it is as if he never committed that sin.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 1959
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
It is understood that when carrying out the prescribed punishment (hadd) upon women, care must be taken to maintain the covering of their bodies (awrah).
2:
Just as with other deceased Muslims, the funeral prayer (salat al-janazah) will also be performed for the one upon whom the prescribed punishment (hadd) has been carried out,
because the implementation of the hadd serves as expiation (kaffarah) for the one upon whom it is applied.
There is consensus among all Muslims on this matter.
This is why, in the aforementioned hadith, the Prophet (sallallahu alayhi wa sallam) clarified to Umar (radi Allahu anhu) the significance of the repentance of this repentant woman.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1435
Maulana Ataullah Sajid
Benefits and Issues:
➊ The purpose of wrapping and tying the cloth properly around the body is so that the woman’s body is not exposed.
➋ The funeral prayer should be performed for the one upon whom the prescribed punishment (hadd) has been carried out, and she should be buried in the Muslims’ graveyard.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2555