Abu Dawud

Benefits and Issues:
In this hadith, the meaning of rajm (stoning) in the light of other narrations is that, in retribution (qisas), the criminal’s head was placed among stones and crushed.

(1) The translation of the chapter heading contains the noble verse in which the ruling of the pure Shariah is stated regarding those who fight against Allah and His Messenger (sallallahu alayhi wa sallam), spread evil and corruption in the land, commit rebellion, engage in banditry, and plunder. The punishment mentioned in the hadith for the Jew is also for the crime of spreading corruption in the land (fasad fi al-ardh): he unjustly killed an innocent soul and looted his wealth, etc. Therefore, the relevance of the hadith to the chapter is very clear and explicit.

(2) This hadith also shows that the ruler has the right to obtain information about criminal individuals, and also that he should gently and kindly inquire from the criminals about the reality of the situation and their secrets, just as the Prophet (sallallahu alayhi wa sallam) first asked the girl about the criminal, then had him apprehended, and then ascertained the reality of the incident from him.

(3) When a criminal confesses to his crime without coercion, it becomes obligatory upon the ruler to carry out the prescribed punishment (hadd) upon him.

(4) Such an indication (isharah) whose meaning regarding the intended matter is clear is admissible as evidence.

(5) In the case of retribution (qisas) for a woman, a man can be killed; this is the view of the majority (jumhur).

(6) This narration also supports the view that the murderer should be killed in the same manner and with the same instrument as he killed the victim, especially if he killed in a brutal manner. This is also what the word "qisas" (retribution) demands. Those who have said that retribution should only be carried out with the sword—their statement is not correct, because there is no authentic narration with this meaning, as has been discussed in detail in the benefits of hadith: 4029.

The original incident is as follows: This Jew crushed the girl's head in order to take her jewelry and threw her into a well, thinking she was dead, but there was still some life left in her. The girl was brought to the Prophet sallallahu alayhi wa sallam. He mentioned the names of several suspicious individuals and asked the girl whether any of them had killed her. The girl shook her head in denial at each name (because she could not speak), until when the name of this Jew was mentioned, the girl nodded in affirmation. The Jew was apprehended and interrogated, and he confessed, saying, "I killed her." Meanwhile, the girl passed away, so the Prophet sallallahu alayhi wa sallam ordered that the Jew's head be placed on a stone and crushed with another stone until he died. In this hadith, this is described with the word "rajm" (stoning), because rajm is also carried out with stones.