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الفتح الربانی
Fath al-Rabbani
مسائل الحدودIssues of Hudud (Prescribed Punishments)
بَابُ مَا جَاءَ فِي رَجْمِ الزَّانِي الْمُحْصَنِ وَجَلَدِ الْبِكْرِ وَتَغْرِيبِهِ عَامًاChapter: What Has Been Reported Regarding Stoning the Married Adulterer, Flogging the Unmarried, and Exiling Him for a Year
Hadith 6687
اُردوEn
عَنْ سَلَمَةَ بْنِ الْمُحَبِّقِ رَضِيَ اللَّهُ عَنْهُ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ خُذُوا عَنِّي خُذُوا عَنِّي قَدْ جَعَلَ اللَّهُ لَهُنَّ سَبِيلًا الْبِكْرُ بِالْبِكْرِ جَلْدُ مِائَةٍ وَنَفْيُ سَنَةٍ وَالثَّيِّبُ بِالثَّيِّبِ جَلْدُ مِائَةٍ وَالرَّجْمُ
Narrated by Sayyiduna Salamah bin Muhabbaq (may Allah be pleased with him) that the Noble Prophet (peace and blessings be upon him) said: Learn from me, learn from me, Allah Almighty has made the way clear for them. When an unmarried man commits adultery with an unmarried woman, they will be given one hundred lashes and exiled for one year. And when a married man commits adultery with a married woman, they will be given one hundred lashes and then stoned to death.
Brief Explanation
Benefits: … In this hadith, an additional ruling is mentioned, and that is that the married adulterer is to be given one hundred lashes before being stoned. In the general ahadith, only stoning is mentioned for the married person. Imam Ahmad, Imam Ishaq, and Imam Dawud Zahiri hold the opinion that lashes should be administered first, because in this hadith, the mention of lashes along with stoning is present. This is the preferred position (madhhab rajih). As for those ahadith in which lashes are not mentioned, it is submitted that the absence of mention of something does not necessitate its non-existence.
Imam Malik, Imam Shafi’i, and the majority of the scholars do not hold the view of one hundred lashes for such an adulterer, but in the above hadith, their mention is present. For both unmarried men and women, the ruling is one hundred lashes and exile. In the case of exiling a woman, arrangements for her protection will also be made. To exempt a woman from exile without evidence is baseless.
If in some ahadith lashes are not mentioned, then in many established, authentic ahadith, their mention is present; this is an additional matter, therefore the additional matter should also be considered. The principle of interpreting the absolute in light of the specific is also well-known. This also necessitates that the punishment for the married adulterer is of two types: one hundred lashes and then stoning. (Abdullah Rafiq)
Imam Malik, Imam Shafi’i, and the majority of the scholars do not hold the view of one hundred lashes for such an adulterer, but in the above hadith, their mention is present. For both unmarried men and women, the ruling is one hundred lashes and exile. In the case of exiling a woman, arrangements for her protection will also be made. To exempt a woman from exile without evidence is baseless.
If in some ahadith lashes are not mentioned, then in many established, authentic ahadith, their mention is present; this is an additional matter, therefore the additional matter should also be considered. The principle of interpreting the absolute in light of the specific is also well-known. This also necessitates that the punishment for the married adulterer is of two types: one hundred lashes and then stoning. (Abdullah Rafiq)
