Hadith 4452

حَدَّثَنَا يَحْيَى بْنُ مُوسَى الْبَلْخِيُّ ، حَدَّثَنَا أَبُو أُسَامَةَ ، قَالَ : مُجَالِدٌ أَخْبَرَنَا ، عَنْ عَامِرٍ ، عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ ، قَالَ : " جَاءَتْ الْيَهُودُ بِرَجُلٍ وَامْرَأَةٍ مِنْهُمْ زَنَيَا ، فَقَالَ : ائْتُونِي بِأَعْلَمِ رَجُلَيْنِ مِنْكُمْ فَأَتَوْهُ بِابْنَيْ صُورِيَا ، فَنَشَدَهُمَا : كَيْفَ تَجِدَانِ أَمْرَ هَذَيْنِ فِي التَّوْرَاةِ ؟ قَالَا : نَجِدُ فِي التَّوْرَاةِ إِذَا شَهِدَ أَرْبَعَةٌ أَنَّهُمْ رَأَوْا ذَكَرَهُ فِي فَرْجِهَا مِثْلَ الْمِيلِ فِي الْمُكْحُلَةِ رُجِمَا ، قَالَ : فَمَا يَمْنَعُكُمَا أَنْ تَرْجُمُوهُمَا ، قَالَا : ذَهَبَ سُلْطَانُنَا فَكَرِهْنَا الْقَتْلَ ، فَدَعَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِالشُّهُودِ ، فَجَاءُوا بِأَرْبَعَةٍ فَشَهِدُوا أَنَّهُمْ رَأَوْا ذَكَرَهُ فِي فَرْجِهَا مِثْلَ الْمِيلِ فِي الْمُكْحُلَةِ ، فَأَمَرَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِرَجْمِهِمَا " .
Jabir bin Abdullah said: The Jews brought a man and a woman of them who had committed fornication. He said: Bring me two learned men or yours. So they brought the two sons of Suriya. He adjured them and said: How do you think about the matter if these two persons bear witness to the effect that they have seen his sexual organ in her female organ (penetrated) like a collyrium stick when enclosed in its case, they will be stoned to death. He asked: What is there which prevents you from stoning them: They replied: Our rule has gone, so we disapproved of killing. The Messenger of Allah ﷺ then called four witnesses. They brought four witnesses. Who testified that they had seen his sexual organ (penetrated) in her female organ like a collyrium stick when enclosed in its case. The Prophet ﷺ then gave orders for stoning them.
Hadith Reference سنن ابي داود / كتاب الحدود / 4452
Hadith Grading الألبانی: صحيح  |  زبیر علی زئی: ضعيف, إسناده ضعيف, ابن ماجه (2374), مجالد ضعيف, انوار الصحيفه، صفحه نمبر 157
Hadith Takhrij « سنن ابن ماجہ/ الأحکام (2328)، (تحفة الأشراف: 2346)، وقد أخرجہ: مسند احمد ( 3/387)، صحیح مسلم/الحدود 6 (2374) (صحیح) »
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
The testimonies among the People of the Book and other non-Muslims are considered valid among themselves.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4452
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Regarding the Jewish man and woman who had committed adultery, in some of the aforementioned narrations it is mentioned that, concerning their punishment, they first came to the Messenger of Allah (sallallahu alayhi wa sallam), and the Messenger of Allah asked them about the punishment for adultery.
In explanation of this, it has been said that either these are two separate incidents, or they themselves immediately carried out the punishment on their own, and then later, when they passed by the Messenger of Allah (sallallahu alayhi wa sallam), the questions and answers took place.
And Allah knows best. (Awn al-Ma’bud)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4455
Maulana Ataullah Sajid
Benefits and Issues:
➊ Some researchers have declared the mentioned narration to be authentic. In the religions of the Jews and Christians as well, taking a false oath is forbidden; therefore, when necessary, an oath can be taken from them.

➋ An oath should be taken by Allah alone, even from non-Muslims.

➌ The Jews respect the Torah and claim to have faith in it; therefore, an oath can be taken from them according to their belief, but with such words that are not contrary to Islamic creed either.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2328
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
It is established from this hadith that the Jews would also bring some of their issues to be resolved by the Messenger of Allah (sallallahu alayhi wa sallam), and they would appoint the Noble Prophet (sallallahu alayhi wa sallam) as their arbitrator. However, at times, they would attempt to obtain a verdict that suited their desires but the Prophet (sallallahu alayhi wa sallam) would issue verdicts in accordance with the Qur’an and Hadith.

Whenever one needs to speak with an opposing party, one should speak with their scholars, not with the ignorant, because Allah, the Exalted, has commanded to turn away from the ignorant. (: al-A'raf: 199)

The Jews, as part of a failed plot, would bring their cases to the blessed court of the Prophet (sallallahu alayhi wa sallam), but he (sallallahu alayhi wa sallam) made them confess from their own book and through the words of their own scholars, and the married adulterer was stoned.

From here, an important principle of debate is understood: that the matter should be established from the opponent’s own book, and then the opponent’s scholars should be made to acknowledge it. This is the most effective form of debate. All the Prophets (alayhim as-salam) always judged with justice.
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 1330