سنن ابي داود
Abu Dawud
كتاب الحدودPrescribed Punishments (Kitab Al-Hudud)
باب فِي الرَّجُلِ يَزْنِي بِحَرِيمِهِChapter: A man who commits zina with a mahram relative.
Hadith 4457
اُردوEn
حَدَّثَنَا عَمْرُو بْنُ قُسَيْطٍ الرَّقِّيُّ ، حَدَّثَنَا عُبَيْدُ اللَّهِ بْنُ عَمْرٍو ، عَنْ زَيْدِ بْنِ أَبِي أُنَيْسَةَ ، عَنْ عَدِيِّ بْنِ ثَابِتٍ ، عَنْ يَزِيدَ بْنِ الْبَرَاءِ ، عَنْ أَبِيهِ ، قَالَ : لَقِيتُ عَمِّي وَمَعَهُ رَايَةٌ ، فَقُلْتُ لَهُ : أَيْنَ تُرِيدُ ، قَالَ : " بَعَثَنِي رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِلَى رَجُلٍ نَكَحَ امْرَأَةَ أَبِيهِ ، فَأَمَرَنِي أَنْ أَضْرِبَ عُنُقَهُ وَآخُذَ مَالَهُ " .
Narrated Al-Bara ibn Azib: I met my uncle who was carrying a standard. I asked him: Where are you going? He said: The Messenger of Allah ﷺ has sent me to a man who has married his father's wife. He has ordered me to cut off his head and take his property.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Whoever knowingly and deliberately, without any ambiguity, marries one of his mahram women or commits fornication with her, his prescribed punishment (hadd) is execution.
Whoever knowingly and deliberately, without any ambiguity, marries one of his mahram women or commits fornication with her, his prescribed punishment (hadd) is execution.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4457
Maulana Ataullah Sajid
Benefits and Issues:
➊ To marry a woman who is a mahram is a grave crime.
➋ The punishment for this crime is that the offender should be killed.
➌ The punishment for marrying a mahram is not the same as the punishment for fornication (i.e., stoning to death [rajm]).
➊ To marry a woman who is a mahram is a grave crime.
➋ The punishment for this crime is that the offender should be killed.
➌ The punishment for marrying a mahram is not the same as the punishment for fornication (i.e., stoning to death [rajm]).
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2607
Hafiz Muhammad Ameen
(1) One cannot marry his own mother. What is meant here is the woman married by the father (stepmother). Some ignorant person might think that she is not a real mother, therefore marriage with her is permissible; for this reason, it has been explicitly negated: ﴿وَلا تَنْكِحُوا مَا نَكَحَ آبَاؤُكُمْ﴾. The ruling for the father also applies to the grandfather, maternal grandfather, etc., because customarily they are also considered as fathers.
(2) "I will behead him"—whether he has consummated the marriage or not. The punishment is merely for contracting the marriage.
(3) "I will behead him or kill him"—both mean the same thing. The narrator is uncertain about which wording was stated by him.
(4) The name of the Companion with the flag was Abu Buraydah ibn Niyar, radi Allahu anhu wa ardahu.
(2) "I will behead him"—whether he has consummated the marriage or not. The punishment is merely for contracting the marriage.
(3) "I will behead him or kill him"—both mean the same thing. The narrator is uncertain about which wording was stated by him.
(4) The name of the Companion with the flag was Abu Buraydah ibn Niyar, radi Allahu anhu wa ardahu.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3333
Hafiz Muhammad Ameen
(1) "Uncle": In the previous narration, the term "mothers" was mentioned—one relationship is through suckling (radā‘ī), the other through lineage (nasabī). In that era, suckling relationships were common because it was customary for children to be breastfed by other women.
(2) "Banner": That is, the Messenger of Allah (sallallahu alayhi wa sallam) sent someone towards a man.
(3) "Should I seize his wealth": It is as if marrying one’s father's wife is equivalent to the crime of apostasy; therefore, his wealth will be deposited in the public treasury (bayt al-māl). Just as an apostate is executed and his wealth is not given to his heirs but is deposited in the public treasury. [لا يَرِثُ المُسْلِمُ الكافِرَ، وَلا يَرِثُ الكافِرُ المُسْلِمَ ] "A Muslim is not the heir of a disbeliever, nor is a disbeliever the heir of a Muslim." (Sahih al-Bukhari, al-Farā’id, Hadith: 6764; and Sahih Muslim, al-Farā’id, Hadith: 1614)
(4) The pure Shariah has protected the rights of everyone as they deserve.
(5) It is evident that punishment can also be given by confiscation of wealth or by imposing a financial penalty.
(6) The ruler of the time may, due to the gravity of the crime, impose the punishment of execution as a discretionary (ta‘zīr) measure.
(2) "Banner": That is, the Messenger of Allah (sallallahu alayhi wa sallam) sent someone towards a man.
(3) "Should I seize his wealth": It is as if marrying one’s father's wife is equivalent to the crime of apostasy; therefore, his wealth will be deposited in the public treasury (bayt al-māl). Just as an apostate is executed and his wealth is not given to his heirs but is deposited in the public treasury. [لا يَرِثُ المُسْلِمُ الكافِرَ، وَلا يَرِثُ الكافِرُ المُسْلِمَ ] "A Muslim is not the heir of a disbeliever, nor is a disbeliever the heir of a Muslim." (Sahih al-Bukhari, al-Farā’id, Hadith: 6764; and Sahih Muslim, al-Farā’id, Hadith: 1614)
(4) The pure Shariah has protected the rights of everyone as they deserve.
(5) It is evident that punishment can also be given by confiscation of wealth or by imposing a financial penalty.
(6) The ruler of the time may, due to the gravity of the crime, impose the punishment of execution as a discretionary (ta‘zīr) measure.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3334
