Fath al-Rabbani

Benefits: ... Ma'iz bin Malik was married; he committed adultery (zina), and the Noble Prophet sallallahu alayhi wa sallam ordered him to be stoned, and the noble Companions carried out the stoning. There are two points in this hadith that require attention: The statement of the Prophet sallallahu alayhi wa sallam, "Why did you not leave him? Perhaps he would have repented and Allah would have accepted his repentance." The explanation of this sentence will be clarified by the following narration:

It is narrated from Sayyiduna Jabir bin Abdullah radi Allahu anhu, who said: I was among those who stoned Ma'iz. When we stoned him and he felt the pain of the stones, he said: "O people! Take me back to the Messenger of Allah sallallahu alayhi wa sallam, for my people have killed me and deceived me about myself, and they said: 'Indeed, the Messenger of Allah sallallahu alayhi wa sallam will not kill you.'" He said: "We did not desist from him until we had finished with him." He said: "When we returned to the Messenger of Allah sallallahu alayhi wa sallam, we mentioned to him what he had said, so he sallallahu alayhi wa sallam said: 'Why did you not leave the man and bring him to me?'" The Messenger of Allah sallallahu alayhi wa sallam only intended to further investigate his matter... O people! Return me to the Messenger of Allah sallallahu alayhi wa sallam, for my people have killed me, they have deceived me. The people said: "Indeed, the Messenger of Allah sallallahu alayhi wa sallam will not kill you." So we did not desist from him until we had finished stoning him. Then when we returned to the Messenger of Allah sallallahu alayhi wa sallam and narrated his words to him, he sallallahu alayhi wa sallam said: "Why did you not leave him and bring him to me?" In reality, the Prophet sallallahu alayhi wa sallam intended to further investigate his matter; it was possible that he was not deserving of stoning. (Abu Dawud: 4420, Musnad Ahmad: 15089, Wasiyati bi raqam 6711)

From this narration, it is understood that the meaning of the Prophet's sallallahu alayhi wa sallam statement was that perhaps the man wanted to retract his confession, or there might have been some detail due to which he would have been spared from the prescribed punishment (hadd).

Having the confession repeated four times is only for the purpose of investigation and verification; otherwise, the Prophet sallallahu alayhi wa sallam also implemented the prescribed punishment (hadd) upon a single confession, as in the narration of Sayyiduna Abu Hurairah and Sayyiduna Zayd bin Khalid radi Allahu anhuma, according to which the Prophet sallallahu alayhi wa sallam said: "Your son is to be given one hundred lashes and exiled for a year. As for you, O Unais! Go to this man's wife in the morning; if she confesses, then stone her." (Sahih Bukhari: 2314, 1695)

In this hadith, the confession is mentioned without restriction, which will be understood as referring to a single confession. Similarly, according to the narration of Sayyiduna Lajlaj radi Allahu anhu, a woman was stoned upon a single confession. (Abu Dawud: 4435) Likewise, the Prophet sallallahu alayhi wa sallam, in one or two other incidents, implemented the prescribed punishment upon a single confession. It appears that, considering the state of the criminal, the confession is taken once or more than once, and similarly, it is also ensured regarding the crime being confessed to, whether the criminal is aware of the reality of his crime or not. For example, according to hadith number (6707), the Prophet sallallahu alayhi wa sallam said to the one confessing to adultery: "Perhaps you only kissed or merely touched (her)?"

The same applies to theft, banditry, slander, and other crimes that carry discretionary (ta'zir) or prescribed (hadd) punishments.

The last sentence of the hadith, "If you had covered him..." requires clarification, because its apparent meaning is not intended. Imam Baji, in (Al-Muntaqa: 7/135), has explained it thus: Hazzal, who informed the Prophet sallallahu alayhi wa sallam, Sayyiduna Abu Bakr, and Sayyiduna Umar radi Allahu anhuma about his crime, should have advised him to repent and covered his sin. The mention of the cloak is for emphasis, meaning that if there was no means to cover his sin except by shielding him with a cloak so that the eyes of the witnesses could not fall upon him, then this would have been better than sending him to the Prophet sallallahu alayhi wa sallam and becoming the cause for the implementation of the prescribed punishment upon him.

Hafiz Ibn Hajar, in (Fath al-Bari: 12/125), has narrated this same explanation and maintained it.

In summary, this hadith should be applied to people like Ma'iz, who are not habitual in adultery and, upon committing it, become remorseful and regretful. The sins of such people should be concealed and not publicized. But as for the person who commits these crimes persistently, brazenly, and shamelessly, no consideration should be given to such a person, and his matter should be brought to the ruler so that he may implement the prescribed punishment upon him, as the Wise Lawgiver has commanded. For further details on this issue, see (Al-Mirqat: 4/76).