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الفتح الربانی
Fath al-Rabbani
مسائل الحدودIssues of Hudud (Prescribed Punishments)
بابُ مَا جَاءَ فِي الْحَفْرِ لِلْمَرْجُوْمِChapter: What Has Been Reported Regarding Digging a Pit for the One to Be Stoned
Hadith 6723
اُردوEn
عَنْ أَبِي سَعِيدٍ الْخُدْرِيِّ رَضِيَ اللَّهُ عَنْهُ قَالَ لَمَّا أَمَرَنَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ أَنْ نَرْجُمَ مَاعِزَ بْنَ مَالِكٍ خَرَجْنَا إِلَى الْبَقِيعِ فَوَاللَّهِ مَا حَفَرْنَا لَهُ وَلَا أَوْثَقْنَاهُ وَلَكِنَّهُ قَامَ لَنَا فَرَمَيْنَاهُ بِالْعِظَامِ وَالْخَزَفِ فَاشْتَكَى فَخَرَجَ يَشْتَدُّ حَتَّى انْتَصَبَ لَنَا فِي عُرْضِ الْحَرَّةِ فَرَمَيْنَاهُ بِجَلَامِيدِ الْجَنْدَلِ حَتَّى سَكَتَ
It is narrated from Sayyiduna Abu Sa'id Khudri (may Allah be pleased with him) that the Noble Prophet (peace and blessings be upon him and his family) ordered us to stone Ma'iz bin Malik. So we went out towards Baqi'. By Allah! We neither dug a pit for him nor tied him up; he stood by himself. We began to throw bones and pebbles at him. When he was hurt, he ran away quickly until he stood at one side of Harrah. Then we threw large stones at him until he died.
Brief Explanation
Benefits: … In Hadith number (6702), it was mentioned that a pit was dug for Ma'iz bin Malik, whereas in this hadith its negation is stated. There are the following four ways to reconcile and harmonize (jam' wa tatbiq) between them:
(1) The affirmative (musbat) will be given precedence over the negative (manfi).
(2) The negation is of such a pit from which it was not possible to escape by running away, and the affirmation is of such a pit from which it was possible to flee.
(3) In the beginning, no pit was dug, but when he ran away, they caught him and then dug a pit for him.
(4) A pit was dug at the very beginning, but when he was struck by a stone, he got out and ran away; then the Companions pursued him and killed him.
Imam Nawawi said: This hadith is evidence for a unanimously agreed-upon issue among the scholars, that for stoning (rajm), stones, clods, bones, pebbles, and wood, etc., may be used—that is, whatever can be used to kill the person, it is not a condition that only stones be used.
(1) The affirmative (musbat) will be given precedence over the negative (manfi).
(2) The negation is of such a pit from which it was not possible to escape by running away, and the affirmation is of such a pit from which it was possible to flee.
(3) In the beginning, no pit was dug, but when he ran away, they caught him and then dug a pit for him.
(4) A pit was dug at the very beginning, but when he was struck by a stone, he got out and ran away; then the Companions pursued him and killed him.
Imam Nawawi said: This hadith is evidence for a unanimously agreed-upon issue among the scholars, that for stoning (rajm), stones, clods, bones, pebbles, and wood, etc., may be used—that is, whatever can be used to kill the person, it is not a condition that only stones be used.
