صحيح البخاري
Bukhari
كتاب الصلحThe Book of Peacemaking
بَابُ إِذَا اصْطَلَحُوا عَلَى صُلْحِ جَوْرٍ فَالصُّلْحُ مَرْدُودٌ:CHAPTER If some people are (re)conciled on illegal basis, their (re)conciliation is rejected.
Hadith 2695
اُردوEn
حَدَّثَنَا آدَمُ ، حَدَّثَنَا ابْنُ أَبِي ذِئْبٍ ، حَدَّثَنَا الزُّهْرِيُّ ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ ، عَنْ أَبِي هُرَيْرَةَ ، وَزَيْدِ بْنِ خَالِدٍ الْجُهَنِيِّ رَضِيَ اللَّهُ عَنْهُمَا ، قَالَا : جَاءَ أَعْرَابِيٌّ ، فَقَالَ " يَا رَسُولَ اللَّهِ ، اقْضِ بَيْنَنَا بِكِتَابِ اللَّهِ ، فَقَامَ خَصْمُهُ ، فَقَالَ : صَدَقَ ، اقْضِ بَيْنَنَا بِكِتَابِ اللَّهِ ، فَقَالَ الْأَعْرَابِيُّ : إِنَّ ابْنِي كَانَ عَسِيفًا عَلَى هَذَا فَزَنَى بِامْرَأَتِهِ ، فَقَالُوا لِي : عَلَى ابْنِكَ الرَّجْمُ ، فَفَدَيْتُ ابْنِي مِنْهُ بِمِائَةٍ مِنَ الْغَنَمِ وَوَلِيدَةٍ ، ثُمَّ سَأَلْتُ أَهْلَ الْعِلْمِ ، فَقَالُوا : إِنَّمَا عَلَى ابْنِكَ جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ ، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : لَأَقْضِيَنَّ بَيْنَكُمَا بِكِتَابِ اللَّهِ ، أَمَّا الْوَلِيدَةُ وَالْغَنَمُ فَرَدٌّ عَلَيْكَ وَعَلَى ابْنِكَ جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ ، وَأَمَّا أَنْتَ يَا أُنَيْسُ لِرَجُلٍ فَاغْدُ عَلَى امْرَأَةِ هَذَا فَارْجُمْهَا ، فَغَدَا عَلَيْهَا أُنَيْسٌ فَرَجَمَهَا " .
Narrated Abu Huraira and Zaid bin Khalid Al-Juhani: A bedouin came and said, "O Allah's Apostle! Judge between us according to Allah's Laws." His opponent got up and said, "He is right. Judge between us according to Allah's Laws." The bedouin said, "My son was a laborer working for this man, and he committed illegal sexual intercourse with his wife. The people told me that my son should be stoned to death; so, in lieu of that, I paid a ransom of one hundred sheep and a slave girl to save my son. Then I asked the learned scholars who said, "Your son has to be lashed one-hundred lashes and has to be exiled for one year." The Prophet said, "No doubt I will judge between you according to Allah's Laws. The slave-girl and the sheep are to go back to you, and your son will get a hundred lashes and one year exile." He then addressed somebody, "O Unais! go to the wife of this (man) and stone her to death" So, Unais went and stoned her to death.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
It is as if the wife made a settlement with her husband by giving him one hundred goats and a slave-girl.
The meaning derived from the chapter is that the Messenger of Allah (sallallahu alayhi wa sallam) said, "Your goats and slave-girl will be returned to you," because this was an unlawful and un-Islamic settlement.
Ibn Daqiq al-‘Id (rahimahullah) said: From this hadith it is derived that it is obligatory to return whatever is taken in exchange for something unlawful; the one who takes it does not become its owner.
In the narration, "the people of knowledge" refers to those Companions (radi Allahu anhum) who used to give legal verdicts during the lifetime of the Messenger of Allah (sallallahu alayhi wa sallam),
such as the four Rightly Guided Caliphs, Mu‘adh ibn Jabal, Ubayy ibn Ka‘b, Zayd ibn Thabit, and ‘Abd al-Rahman ibn ‘Awf (radi Allahu anhum).
It is also understood from this that if an issue is not known, it is necessary to investigate it from the people of knowledge, and this investigation should be in the light of the Book and the Sunnah, not by blindly stumbling in the darkness of imitation.
The verse: ﴿فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لَا تَعْلَمُونَ﴾ (an-Nahl: 43)
has this very meaning.
It is as if the wife made a settlement with her husband by giving him one hundred goats and a slave-girl.
The meaning derived from the chapter is that the Messenger of Allah (sallallahu alayhi wa sallam) said, "Your goats and slave-girl will be returned to you," because this was an unlawful and un-Islamic settlement.
Ibn Daqiq al-‘Id (rahimahullah) said: From this hadith it is derived that it is obligatory to return whatever is taken in exchange for something unlawful; the one who takes it does not become its owner.
In the narration, "the people of knowledge" refers to those Companions (radi Allahu anhum) who used to give legal verdicts during the lifetime of the Messenger of Allah (sallallahu alayhi wa sallam),
such as the four Rightly Guided Caliphs, Mu‘adh ibn Jabal, Ubayy ibn Ka‘b, Zayd ibn Thabit, and ‘Abd al-Rahman ibn ‘Awf (radi Allahu anhum).
It is also understood from this that if an issue is not known, it is necessary to investigate it from the people of knowledge, and this investigation should be in the light of the Book and the Sunnah, not by blindly stumbling in the darkness of imitation.
The verse: ﴿فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لَا تَعْلَمُونَ﴾ (an-Nahl: 43)
has this very meaning.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2695
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The father of the boy who committed fornication made a settlement with the woman's husband by giving him one hundred sheep and a slave woman.
Since this settlement was unlawful and contrary to the Shariah, it was declared null and void, and the sheep and the slave woman were returned to him.
The laborer (worker) should have been subjected to the prescribed legal punishment (hadd) according to the Shariah, but this was not done.
In the view of the Shariah, this settlement was based on injustice, and therefore it was not implemented.
(2)
The person whom the Messenger of Allah (sallallahu alayhi wa sallam) sent to carry out the legal punishment (hadd) upon the woman was from the same tribe as the woman.
If someone else had been sent, perhaps the people of the tribe would not have accepted this decision.
(3)
It is also understood from this hadith that in matters of rulings and legal issues, it is necessary to consult the people of knowledge, and investigation should also be conducted in the light of the Book and the Sunnah.
(1)
The father of the boy who committed fornication made a settlement with the woman's husband by giving him one hundred sheep and a slave woman.
Since this settlement was unlawful and contrary to the Shariah, it was declared null and void, and the sheep and the slave woman were returned to him.
The laborer (worker) should have been subjected to the prescribed legal punishment (hadd) according to the Shariah, but this was not done.
In the view of the Shariah, this settlement was based on injustice, and therefore it was not implemented.
(2)
The person whom the Messenger of Allah (sallallahu alayhi wa sallam) sent to carry out the legal punishment (hadd) upon the woman was from the same tribe as the woman.
If someone else had been sent, perhaps the people of the tribe would not have accepted this decision.
(3)
It is also understood from this hadith that in matters of rulings and legal issues, it is necessary to consult the people of knowledge, and investigation should also be conducted in the light of the Book and the Sunnah.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2695
