Narrated Al-Bara ibn Azib: The people passed by the Messenger of Allah ﷺ with a Jew who was blackened with charcoal and who was being flogged. He called them and said: Is this the prescribed punishment for a fornicator? They said: Yes. He then called on a learned man among them and asked him: I adjure you by Allah Who revealed the Torah to Moses, do you find this prescribed punishment for a fornicator in your divine Book? He said: By Allah, no. If you had not adjured me about this, I should not have informed you. We find stoning to be prescribed punishment for a fornicator in our Divine Book. But it (fornication) became frequent in our people of rank; so when we seized a person of rank, we left him alone, and when we seized a weak person, we inflicted the prescribed punishment on him. So we said: Come, let us agree on something which may be enforced equally on people of higher and lower rank. So we agreed to blacken the face of a criminal with charcoal, and flog him, and we abandoned stoning. The Messenger of Allah ﷺ then said: O Allah, I am the first to give life to Thy command which they have killed. So he commanded regarding him (the Jew) and he was stoned to death. Allah Most High then sent down: "O Messenger, let not those who race one another into unbelief, make thee grieve. . . " up to "They say: If you are given this, take it, but if not, beware!. . . . " up to "And if any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) unbelievers, " about Jews, up to "And if any do fail to judge by (the right of) what Allah hath revealed, they are no better than) wrong-doers" about Jews: and revealed the verses up to "And if any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) those who rebel. " About this he said: This whole verse was revealed about the infidels.
Hadith Referenceسنن ابي داود / كتاب الحدود / 4448
Hadith Gradingالألبانی:صحيح | زبیر علی زئی:صحيح مسلم (1700)
Hadith Takhrij« انظر ما قبلہ، (تحفة الأشراف: 1771) (صحیح) »
Benefits and Issues: To not act and judge according to the Shari‘ah revealed by Allah, and, despite having the ability, to not criticize its neglect in society, is disbelief (kufr), injustice (zulm), and wickedness (fisq).
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4448
Al-Bara bin Azib said: The people passed by the Messenger of Allah ﷺ with a jew whose face blackened with charcoal and he was being taken around. He adjured them by Allah and asked: What is the prescribed punishment for a fornicator in your Divine book? He (the narrator) said: They referred him to a man of them. The Prophet ﷺ adjured him and asked: What is the punishment for a fornication in your Divine Book? He replied: Stoning. But fornication spread among our people of rank, so we disliked that a person of rank should be left alone and the punishment be inflicted on one who is lower in rank than him. So we suspended it for us. The Messenger of Allah ﷺ then commanded regarding him and he was stoned to death. He then said: O Allah! I am the first to give life to a command of Thy Book which they had killed.
Shaykh Umar Farooq Saeedi
Benefits and Issues: Reviving a dead Sunnah and acting upon it or causing it to be acted upon is a matter of great determination, and regarding its virtue, it has been narrated that the first person to do so will receive a reward equal to the reward of all those people who act upon it afterwards.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4447
´It was narrated that Bara' bin Azib said:` “The Messenger of Allah (ﷺ) passed by a Jew with a blackened face who had been flogged. He called them and said: 'Is this the punishment for the adulterer that you find in your Book?' They said: 'Yes.' Then he called one of their scholars and said: 'I adjure you by Allah (SWT) Who sent down the Tawrah (Torah) to Musa! Is this the punishment for the adulterer that you find in your Book?' He said: 'No; if you had not adjured me by Allah (SWT), I would not have told you. The punishment for the adulterer that we find in our Book is stoning, but many of our nobles were being stoned (because of the prevalence of adultery among them), so if we caught one of our nobles (committing adultery), we would let him go; but if we caught one of the weak among us, we would carry out the punishment on him. We said: “Come, let us agree upon something that we may impose on both noble and weak alike.” So we agreed to blacken the face and whip them, instead of stoning.' The Prophet (ﷺ) 'O Allah (SWT), I am the first of those who revive your command which they had killed off,' and he issued orders that (the man) be stoned.”
Maulana Ataullah Sajid
Benefits and Issues:
➊ To alter Allah’s laws and then call one’s own fabricated laws “the laws of Allah” is a characteristic of the Jews. Muslims should avoid this.
➋ Customs and traditions that are contrary to the Shariah should be conformed to the Shariah.
➌ Even in the existing versions of the Bible, the punishment of death for the crime of adultery is mentioned. In the book of Deuteronomy attributed to Musa (alayhis salam), it is recorded as follows: “If a man is found lying with a married woman, then both of them shall be put to death, the man who lay with the woman and the woman as well. Thus you shall purge the evil from Israel. If a virgin girl is betrothed to a man, and another man finds her in the city and lies with her, then you shall bring both of them out to the gate of that city and stone them to death, so that they die.” (Deuteronomy, chapter 22, verses 22 to 24)
➍ The implementation of the law should be equal for both the rich and the poor.
➎ Concealing the correct ruling is a habit of the Jews.
➏ It is not permissible to take an oath by other than Allah even from a non-Muslim; rather, the oath should be taken by mentioning an attribute of Allah which he also acknowledges.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2558