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Hadith 4442

حَدَّثَنَا إِبْرَاهِيمُ بْنُ مُوسَى الرَّازِيُّ ، أَخْبَرَنَا عِيسَى بْنُ يُونُسَ ، عَنْ بُشَيْرِ بْنِ الْمُهَاجِرِ ، حَدَّثَنَا عَبْدُ اللَّهِ بْنُ بُرَيْدَةَ ، عَنْ أَبِيهِ : أَنَّ امْرَأَةً يَعْنِي مِنْ غَامِدَ أَتَتِ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَتْ : " إِنِّي قَدْ فَجَرْتُ ، فَقَالَ : ارْجِعِي فَرَجَعَتْ ، فَلَمَّا أَنْ كَانَ الْغَدُ أَتَتْهُ ، فَقَالَتْ : لَعَلَّكَ أَنْ تَرُدَّنِي كَمَا رَدَدْتَ مَاعِزَ بْنَ مَالِكٍ فَوَاللَّهِ إِنِّي لَحُبْلَى ، فَقَالَ لَهَا : ارْجِعِي فَرَجَعَتْ ، فَلَمَّا كَانَ الْغَدُ أَتَتْهُ ، فَقَالَ لَهَا : ارْجِعِي حَتَّى تَلِدِي فَرَجَعَتْ ، فَلَمَّا وَلَدَتْ أَتَتْهُ بِالصَّبِيِّ ، فَقَالَتْ : هَذَا قَدْ وَلَدْتُهُ ، فَقَالَ لَهَا : ارْجِعِي فَأَرْضِعِيهِ حَتَّى تَفْطِمِيهِ فَجَاءَتْ بِهِ وَقَدْ فَطَمَتْهُ وَفِي يَدِهِ شَيْءٌ يَأْكُلُهُ ، فَأَمَرَ بِالصَّبِيِّ فَدُفِعَ إِلَى رَجُلٍ مِنَ الْمُسْلِمِينَ ، وَأَمَرَ بِهَا فَحُفِرَ لَهَا وَأَمَرَ بِهَا فَرُجِمَتْ ، وَكَانَ خَالِدٌ فِيمَنْ يَرْجُمُهَا فَرَجَمَهَا بِحَجَرٍ فَوَقَعَتْ قَطْرَةٌ مِنْ دَمِهَا عَلَى وَجْنَتِهِ فَسَبَّهَا ، فَقَالَ لَهُ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : مَهْلًا يَا خَالِدُ فَوَالَّذِي نَفْسِي بِيَدِهِ لَقَدْ تَابَتْ تَوْبَةً لَوْ تَابَهَا صَاحِبُ مَكْسٍ لَغُفِرَ لَهُ ، وَأَمَرَ بِهَا فَصُلِّيَ عَلَيْهَا فَدُفِنَتْ " .
) Buraidah said: A woman of Ghamid came to the Prophet ﷺ and said: I have committed fornication. He said: Go back. She returned, and on the next day she came to him again, and said: Perhaps you want to send me back as you did to Ma’iz bin Malik. I swear by Allah, I am pregnant. He said to her: Go back. She then returned and came to him the next day. He said to her: Go back until you give birth to a child. She then returned. When she gave birth to a child, she brought the child to him, and said: Here it is! I have given birth to it. He said: Go back, and suckle him until you wean him. When she had weaned him, she brought him (the boy) to him with something in his hand which he was eating. The boy was then given to a certain man of the Muslims and he (the Prophet) commanded regarding her. So a pit was dug for her, and he gave orders about her and she was stoned to death. Khalid was one of those who were throwing stones at her. He threw a stone at her. When a drop blood fell on his cheeks, he abused her. The Prophet ﷺ said to him: Gently, Khalid. By Him in whose hand my soul is, she has reported to such an extent that if one who wrongfully takes extra tax were to repent to a like extent, he would be forgiven. Then giving command regarding her, prayed over her and she was buried.
Hadith Reference سنن ابي داود / كتاب الحدود / 4442
Hadith Grading الألبانی: صحيح  |  زبیر علی زئی: صحيح مسلم (1695)
Hadith Takhrij « صحیح مسلم/الحدود 5 (1695)، (تحفة الأشراف: 1947)، وقد أخرجہ: مسند احمد (5/547، 348)، سنن الدارمی/الحدود 14 (2366) (صحیح) »
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊ The benefits have already been mentioned in the narration above.
Furthermore, it is not permissible to revile or insult a Muslim upon whom the prescribed punishment (hadd) is being carried out.

➋ Extortion (bhatta) is a major sin and forbidden (haram).

➌ A child born out of wedlock (walad al-zina), as a human soul, is innocent; there is no fault or defect of his own in this matter. It is the responsibility of the Islamic government to make proper arrangements for such a child’s nursing, upbringing, and excellent education and training, and to bear the expenses.

➍ Such a person, although he may not receive honor from the general public due to his lineage, if he somehow attains a position of leadership (whether minor or major imamate), then his actions will be valid and correct, and following him in prayer will also be valid.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4442
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Vocabulary of the Hadith:
يَتَسَارَ اِلَيْهِ:
It has been recited in both the active and passive forms,
and it is derived from "sarur" (delight).
That is, it is a cause of longing and happiness,
something that becomes a reason, and here "sajdah"
is in the meaning of "rak‘ah" (unit of prayer).
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 1695
Shaykh Umar Farooq Saeedi
Benefits and Issues:
For a voluntary confession, it is necessary to be certain that the person is not under the influence of intoxication.
From this, it is also understood that the actions performed under intoxication or unconsciousness are not considered valid.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4433
Shaykh Safi ur-Rahman Mubarakpuri
Lexical Explanation:
«فِي قِصَّةِ الْغَامِدِيَّةِ» She is called "Ghamidiyyah" because she was affiliated with the tribe of Ghamid, which was a branch of the tribe of Juhaynah. The story is that this woman confessed before the Prophet sallallahu alayhi wa sallam that she was pregnant from adultery, so the Prophet sallallahu alayhi wa sallam ordered that she be stoned after the child was born and the period of nursing was completed. "Rajm" means that the criminal is put to death by being pelted with stones.
«فَصَّلّٰي عَلَيْهَا» According to most commentators, this is in the active voice, while according to some, it is in the passive voice.

Benefits and Issues:
➊ This hadith is evidence that if someone is subjected to a prescribed legal punishment (hadd) and dies as a result, his funeral prayer should be performed. For further details, see: [ارواء الغليل، حديث : 2323 ونيل الاوطار، باب الصلاة على من قتل فى حد]
➋ It is established from authentic narrations that the Prophet sallallahu alayhi wa sallam himself performed the funeral prayer of the Ghamidiyyah woman. Regarding those who commit major sins, such as suicide or adultery, Qadi Iyad has stated that according to the scholars, their funeral prayer should be performed. However, Imam Malik rahimahullah says that the (chief) Imam and the mufti should refrain from leading the funeral prayer of an open sinner (fasiq), so that the sinners may take heed from this.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 445