Abu Dawud

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.

Hadith Commentary: Benefits and Issues: (1)
This hadith proves that the people of Ma'iz radi Allahu anhu counted him among their best individuals. Despite this clear testimony from his people, for the author of Tadabbur-e-Qur’an to declare him an extremely ill-natured thug, and to consider the Prophet sallallahu alayhi wa sallam not praying for his forgiveness on the first day as evidence of his being a staunch hypocrite, is practical dishonesty and betrayal. The Prophet sallallahu alayhi wa sallam prayed for his forgiveness on the third day and also praised his repentance.

(2)
FALAMMA KANA AL-GHAD:
Here too, Basheer bin Muhajir contradicts other narrations. Other narrations establish that the return and confession happened in the same sitting. Considering it to have happened the next day is a misunderstanding.

(3)
HUFIRA LAHA ILA SADRIHA:
A pit was dug for the Ghamidiyyah up to her chest. This is evidence that when stoning a woman, a pit should be dug. The following are the views of the Imams regarding digging a pit: Imam Nawawi writes that according to the well-known opinion of Imam Malik, Imam Abu Hanifah, and Imam Ahmad, a pit will not be dug for either a man or a woman. According to Qatadah, Abu Thawr, Abu Yusuf, and one opinion of Imam Abu Hanifah, a pit will be dug for both. According to some Malikis, a pit will be dug in the case of proof by testimony, but not in the case of confession. According to the Shafi'is, a pit will not be dug for a man in any case, and regarding a woman, there are three opinions:
(1)
It is recommended to dig a pit up to the chest for a woman who is covered (i.e., modest).
(2)
The Imam has the discretion.
(3)
If adultery (zina) is proven by testimony, then digging is better, but if proven by confession, then it should not be dug.
Allamah Taqi has written that the preferred position of the Hanafis is that a pit should be dug for a woman but not for a man. What Imam Nawawi has written is contrary to most Hanafi books. (Takmila, vol. 2, p. 451).
In this narration, the issue of digging a pit for Ma'iz is also a misunderstanding of the narrator; if a pit had been dug, how could he have run away?

(4)
Khalid bin Walid radi Allahu anhu came to Madinah as a Muslim in the month of Safar, 8 AH. This proves that the incident of the Ghamidiyyah occurred after the revelation of Surah Nur, because Surah Nur was revealed in 5 or 6 AH. According to the majority of jurists, specifying a Qur’anic ruling by a solitary report (khabar ahad) is permissible, because it is an explanation, not an abrogation. According to the Hanafis, specification is permissible by well-known and mass-transmitted (mutawatir) narrations, and the hadiths of stoning are mutawatir in meaning. Imam Ibn Humam, Allamah Alusi, and Shah Waliullah have explicitly stated this, and the hadith is narrated from 52 Companions.
(For details, see Takmila, vol. 2, pp. 420–423.)

(5)
LAW TABAHA SAHIBU MAKS:
If a tax collector who collects unjustly were to repent in this manner, he would also be forgiven. This proves that unjustly collecting tolls, duties, or taxes is a very grave crime and sin that leads to destruction and ruin, because it is collected repeatedly from countless people and squandered on luxuries and pleasures.

(6)
FASALLA ALAYHA:
Some have rendered this in the passive form, and on this basis, according to Imam Malik and Imam Ahmad, the Imam and the people of knowledge and virtue will not perform the funeral prayer for the one who was stoned (marjum). However, it is generally considered to be in the active form, so according to Imam Abu Hanifah and Imam Shafi'i, everyone will participate in the funeral prayer.

Hadith Commentary: Benefits and Issues: (1)
"Fa-istankahahu,"
He smelled his mouth to see if there was any odor of alcohol coming from it.
From this hadith, the majority of the imams—that is, Imam Malik,
Imam Abu Hanifah, and Imam Ahmad—have deduced that the confession of an intoxicated (sakran) person regarding adultery is not valid.
However, according to Imam Shafi'i, the confession of an intoxicated person will be considered valid,
but the prescribed punishment (hadd) will not be carried out in the state of intoxication.
However, this view is not correct.

(2)
"Thumma ja'a Rasulullah sallallahu alayhi wa sallam wahum julus:"
Some people have deduced from this hadith that, at the place where people sit for the deceased,
a newcomer can ask for supplication (du'a) to be made.
However, the reality is that the Companions (Sahabah) did not arrange to sit for mourning (sog) for three days for the deceased;
there is no hadith that proves they would establish a gathering for mourning for three days.
Here, the situation is only that after the prescribed punishment (hadd) was carried out on Ma'iz,
the Companions split into two groups:
according to one, he was destroyed and ruined, having sacrificed himself for his sin;
according to the other, he attained success by offering his life as an atonement.
But since the Prophet sallallahu alayhi wa sallam did not supplicate for him on the first day,
this difference of opinion persisted for two or three days.
To end this disagreement, the Prophet sallallahu alayhi wa sallam, seeing both groups sitting where they usually sat, or in the mosque where they would gather,
instructed them to seek forgiveness for him and explained to them the virtue of repentance,
so that the disagreement would end.
This has no connection whatsoever with supplicating in a mourning gathering, nor has any commentator interpreted it as such.
If, for the sake of argument, it is accepted that the Prophet sallallahu alayhi wa sallam came to a mourning gathering and asked for supplication, then at most it proves that if a respected and noble person comes, he may ask for supplication.
How, then, can it be deduced from this that every newcomer should recite al-Fatihah? Was it the case that after the Prophet sallallahu alayhi wa sallam, no one else ever came to such a gathering, or that he never attended any other mourning gathering and did not ask for supplication in any other mourning assembly? And why did the Companions radi Allahu anhum not continue this practice in his footsteps?
The Hanafis even consider the practice of the Companions to abrogate a sahih hadith.

(3)
"Qala rajulun min al-Ansar ila rida'atihi, farajamaha:"
From this hadith, it appears that the Prophet sallallahu alayhi wa sallam had the Ghamidiyyah woman stoned at the very beginning of the period of nursing (ridā‘ah) for her child, and assigned the nursing to an Ansari.
However, from the hadith that follows, it is established that the stoning was carried out when the child, after the period of nursing (after weaning),
had begun to eat bread.
Imam Nawawi preferred the other narrations and interpreted this narration to mean that here, "nursing" refers to arranging for the child's care and upbringing.
However, Hafiz Ibn Qayyim rahimahullah, in Tahdhib al-Sunan, hadith number 4277,
wrote regarding the hadith that appears there,
that this hadith contains two points that are contrary to all other narrations:
(1)
The confession and retraction (returning)
took place over multiple sessions, whereas all other hadith establish that this occurred in a single session,
with no interval or break of a day in between.
(2)
It mentions the digging of a pit,
whereas no pit was dug;
that is why he ran away. Its narrator is Bashir ibn Muhajir,
regarding whom al-Bukhari,
Imam Ahmad,
Abu Hatim,
Ibn ‘Adi,
Ibn Hibban, and ‘Uqayli have criticized,
although Ibn Ma‘in and ‘Ajli have declared him trustworthy.
Therefore, it is also possible that this narration is authentic and the stoning was carried out during the period of nursing, and the mention of "weaning"
is, like the other two words, another error of Bashir ibn Muhajir.
Imam Khattabi has written that these could be two separate incidents involving two women:
one was stoned after childbirth, and the other after the period of nursing.
According to Imam Abu Hanifah,
Malik, and Shafi‘i, the woman will be stoned after childbirth, and according to Imam Ahmad, after the period of nursing,
when the child has stopped breastfeeding.

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.

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.