صحيح البخاري
Bukhari
كتاب الوكالةThe Book of Representation
بَابُ الْوَكَالَةِ فِي الْحُدُودِ:Chapter. To depute a person to carry out a (legal) Allah’s ordained punishment.
Hadith 2315
اُردوEn
حَدَّثَنَا أَبُو الْوَلِيدِ ، أَخْبَرَنَا اللَّيْثُ ، عَنِ ابْنِ شِهَابٍ ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ ، عَنْ زَيْدِ بْنِ خَالِدٍ عنه ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " وَاغْدُ يَا أُنَيْسُ إِلَى امْرَأَةِ هَذَا ، فَإِنِ اعْتَرَفَتْ فَارْجُمْهَا " .
Narrated Zaid bin Khalid and Abu Huraira: The Prophet said, "O Unais! Go to the wife of this (man) and if she confesses (that she has committed illegal sexual intercourse), then stone her to death."
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
The translation of the chapter heading is derived from the fact that the Prophet (sallallahu alayhi wa sallam) appointed Anis as an agent to carry out the prescribed punishment (hadd).
From this, the legal aspect is also derived that if the criminal himself confesses to the crime, then the law is applied to him.
In this case, witnesses are not required.
And the prescribed legal punishment (hadd) for adultery, namely stoning to death, is also established.
The translation of the chapter heading is derived from the fact that the Prophet (sallallahu alayhi wa sallam) appointed Anis as an agent to carry out the prescribed punishment (hadd).
From this, the legal aspect is also derived that if the criminal himself confesses to the crime, then the law is applied to him.
In this case, witnesses are not required.
And the prescribed legal punishment (hadd) for adultery, namely stoning to death, is also established.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2315
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Imam Bukhari rahimahullah, through this chapter heading, has established the permissibility of agency (wakalah) in those pure rights of Allah which are other than acts of worship.
It should be noted that in purely devotional acts (ʿibadat mahdah), such as:
prayer (salah), fasting (sawm), and purification (taharah) etc., agency (wakalah) is not permissible.
(2)
The Messenger of Allah sallallahu alayhi wa sallam sent Anas radi Allahu anhu to carry out the prescribed punishment (hadd) because he was from the same tribe as the woman. If someone from another tribe had been sent to carry out the punishment, it was possible that they would have harbored aversion to this ruling.
Both Anas radi Allahu anhu and the accused woman belonged to the tribe of Aslam.
(3)
The legal aspect derived from this hadith is that the need for witnesses is dropped when there is a confession of the crime. It is also understood from this that for a married man or woman who commits adultery (zina), the prescribed punishment (hadd) for zina is stoning to death (rajm) alone.
(1)
Imam Bukhari rahimahullah, through this chapter heading, has established the permissibility of agency (wakalah) in those pure rights of Allah which are other than acts of worship.
It should be noted that in purely devotional acts (ʿibadat mahdah), such as:
prayer (salah), fasting (sawm), and purification (taharah) etc., agency (wakalah) is not permissible.
(2)
The Messenger of Allah sallallahu alayhi wa sallam sent Anas radi Allahu anhu to carry out the prescribed punishment (hadd) because he was from the same tribe as the woman. If someone from another tribe had been sent to carry out the punishment, it was possible that they would have harbored aversion to this ruling.
Both Anas radi Allahu anhu and the accused woman belonged to the tribe of Aslam.
(3)
The legal aspect derived from this hadith is that the need for witnesses is dropped when there is a confession of the crime. It is also understood from this that for a married man or woman who commits adultery (zina), the prescribed punishment (hadd) for zina is stoning to death (rajm) alone.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2315
