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سنن ابي داود
Abu Dawud
كتاب الحدودPrescribed Punishments (Kitab Al-Hudud)
باب فِي إِقَامَةِ الْحَدِّ عَلَى الْمَرِيضِChapter: Carrying out hadd (punishment) on a man who is sick.
Hadith 4472
اُردوEn
حَدَّثَنَا أَحْمَدُ بْنُ سَعِيدٍ الْهَمْدَانِيُّ ، حَدَّثَنَا ابْنُ وَهْبٍ ، أَخْبَرَنِي يُونُسُ ، عَنِ ابْنِ شِهَابٍ ، قَالَ : أَخْبَرَنِي أَبُو أُمَامَةَ بْنُ سَهْلِ بْنِ حُنَيْفٍ ، أَنَّهُ أَخْبَرَهُ بَعْضُ أَصْحَابِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مِنَ الْأَنْصَارِ : " أَنَّهُ اشْتَكَى رَجُلٌ مِنْهُمْ حَتَّى أُضْنِيَ ، فَعَادَ جِلْدَةً عَلَى عَظْمٍ فَدَخَلَتْ عَلَيْهِ جَارِيَةٌ لِبَعْضِهِمْ فَهَشَّ لَهَا فَوَقَعَ عَلَيْهَا ، فَلَمَّا دَخَلَ عَلَيْهِ رِجَالُ قَوْمِهِ يَعُودُونَهُ أَخْبَرَهُمْ بِذَلِكَ ، وَقَالَ : اسْتَفْتُوا لِي رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَإِنِّي قَدْ وَقَعْتُ عَلَى جَارِيَةٍ دَخَلَتْ عَلَيَّ ، فَذَكَرُوا ذَلِكَ لِرَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، وَقَالُوا : مَا رَأَيْنَا بِأَحَدٍ مِنَ النَّاسِ مِنَ الضُّرِّ مِثْلَ الَّذِي هُوَ بِهِ لَوْ حَمَلْنَاهُ إِلَيْكَ لَتَفَسَّخَتْ عِظَامُهُ مَا هُوَ إِلَّا جِلْدٌ عَلَى عَظْمٍ ، فَأَمَرَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنْ يَأْخُذُوا لَهُ مِائَةَ شِمْرَاخٍ فَيَضْرِبُوهُ بِهَا ضَرْبَةً وَاحِدَةً " .
Narrated Abu Umamah bin Sahl Hunaif: Abu Umamah ibn Sahl ibn Hunayf said that some companions of the Messenger of Allah ﷺ told that one of their men suffered so much from some illness that he pined away until he was skin and bone (i. e. only a skeleton). A slave-girl of someone visited him, and he was cheered by her and had unlawful intercourse with her. When his people came to visit the patient, he told them about it. He said: Ask the Messenger of Allah ﷺ about the legal verdict for me, for I have had unlawful intercourse with a slave-girl who visited me. So they mentioned it to the Messenger of Allah ﷺ saying: We have never seen anyone (so weak) from illness as he is. If we bring him to you, his bones will disintegrate. He is only skin and bone. So the Messenger of Allah ﷺ commanded them to take one hundred twigs and strike him once.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
There is no comfort and ease for a person greater than that found in Allah’s Shari’ah. In the case of carrying out a prescribed punishment (hadd) on an extremely weak and ill person, an appropriate concession can be adopted.
There is no comfort and ease for a person greater than that found in Allah’s Shari’ah. In the case of carrying out a prescribed punishment (hadd) on an extremely weak and ill person, an appropriate concession can be adopted.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4472
Hafiz Muhammad Ameen
(1) The heading established by Imam Nasa’i rahimahullah is intended to clarify the issue that if a judge receives information about a person having committed adultery (zina), he may summon that person and investigate the crime attributed to him. Furthermore, if the crime is proven, the prescribed punishment (hadd) will also be carried out. In the present era, the “suo motu” notice taken by the Chief Justice of the Supreme Court is of the same category, and this is a legitimate (mashru‘) action.
(2) From this blessed hadith, it is understood that the crime of adultery (zina) is established by a single confession. It is not necessary to obtain a confession three or four times.
(3) “He was shown mercy”—he was not married. He was, in any case, to be flogged, but due to his illness, there was a risk that he might die. Therefore, instead of flogging, he was beaten with a branch of a date palm, because the criminal cannot be killed by flogging.
(2) From this blessed hadith, it is understood that the crime of adultery (zina) is established by a single confession. It is not necessary to obtain a confession three or four times.
(3) “He was shown mercy”—he was not married. He was, in any case, to be flogged, but due to his illness, there was a risk that he might die. Therefore, instead of flogging, he was beaten with a branch of a date palm, because the criminal cannot be killed by flogging.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 5414
