صحيح البخاري
Bukhari
كتاب الشروطThe Book of Conditions
بَابُ الشُّرُوطِ الَّتِي لاَ تَحِلُّ فِي الْحُدُودِ:Chapter. The conditions which are not permissible in the legal punishments prescribed by Allah.
Hadith 2724
اُردوEn
حَدَّثَنَا قُتَيْبَةُ بْنُ سَعِيدٍ ، حَدَّثَنَا لَيْثٌ ، عَنِ ابْنِ شِهَابٍ ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ بْنِ عُتْبَةَ بْنِ مَسْعُودٍ ، عَنْ أَبِي هُرَيْرَةَ ، وَزَيْدِ بْنِ خَالِدٍ الْجُهَنِيِّ رَضِيَ اللَّهُ عَنْهُمَا ، أَنَّهُمَا قَالَا : إِنَّ رَجُلًا مِنْ الْأَعْرَابِ أَتَى رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ : يَا رَسُولَ اللَّهِ ، أَنْشُدُكَ اللَّهَ إِلَّا قَضَيْتَ لِي بِكِتَابِ اللَّهِ ، فَقَالَ الْخَصْمُ الْآخَرُ وَهُوَ أَفْقَهُ مِنْهُ : نَعَمْ ، فَاقْضِ بَيْنَنَا بِكِتَابِ اللَّهِ وَأْذَنْ لِي ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : قُلْ ، قَالَ : إِنَّ ابْنِي كَانَ عَسِيفًا عَلَى هَذَا فَزَنَى بِامْرَأَتِهِ ، وَإِنِّي أُخْبِرْتُ أَنَّ عَلَى ابْنِي الرَّجْمَ ، فَافْتَدَيْتُ مِنْهُ بِمِائَةِ شَاةٍ وَوَلِيدَةٍ ، فَسَأَلْتُ أَهْلَ الْعِلْمِ ، فَأَخْبَرُونِي أَنَّمَا عَلَى ابْنِي جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ ، وَأَنَّ عَلَى امْرَأَةِ هَذَا الرَّجْمَ ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " وَالَّذِي نَفْسِي بِيَدِهِ لَأَقْضِيَنَّ بَيْنَكُمَا بِكِتَابِ اللَّهِ ، الْوَلِيدَةُ وَالْغَنَمُ رَدٌّ وَعَلَى ابْنِكَ جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ ، اغْدُ يَا أُنَيْسُ إِلَى امْرَأَةِ هَذَا فَإِنِ اعْتَرَفَتْ فَارْجُمْهَا ، قَالَ : فَغَدَا عَلَيْهَا فَاعْتَرَفَتْ ، فَأَمَرَ بِهَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَرُجِمَتْ " .
Narrated Abu Huraira and Zaid bin Khalid Al-Juhani: A bedouin came to Allah's Apostle and said, "O Allah's apostle! I ask you by Allah to judge My case according to Allah's Laws." His opponent, who was more learned than he, said, "Yes, judge between us according to Allah's Laws, and allow me to speak." Allah's Apostle said, "Speak." He (i .e. the bedouin or the other man) said, "My son was working as a laborer for this (man) and he committed illegal sexual intercourse with his wife. The people told me that it was obligatory that my son should be stoned to death, so in lieu of that I ransomed my son by paying one hundred sheep and a slave girl. Then I asked the religious scholars about it, and they informed me that my son must be lashed one hundred lashes, and be exiled for one year, and the wife of this (man) must be stoned to death." Allah's Apostle said, "By Him in Whose Hands my soul is, I will judge between you according to Allah's Laws. The slave-girl and the sheep are to be returned to you, your son is to receive a hundred lashes and be exiled for one year. You, Unais, go to the wife of this (man) and if she confesses her guilt, stone her to death." Unais went to that woman next morning and she confessed. Allah's Apostle ordered that she be stoned to death.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
He ransomed him by giving one hundred sheep and a slave girl on his behalf; the chapter heading is derived from here because he stipulated, in exchange for the prescribed punishment (hadd) for adultery, that he would give one hundred sheep and a slave girl on his behalf.
The Prophet (sallallahu alayhi wa sallam) declared this null and void and meaningless.
The prescribed punishments (hudud) are among the rights of Allah.
They cannot be averted by mutual reconciliation among the servants.
Whenever such a crime is established, the prescribed punishment (hadd) must certainly be carried out.
However, in those punishments which are due to human rights, there can be possibilities of mutual reconciliation.
For the adulterous woman, it is necessary to have four witnesses who give eyewitness testimony, or for the man and woman themselves to confess.
It should also be remembered that the establishment of hudud is the responsibility of the Islamic Shari‘ah state,
where the implementation of Islamic laws is certain.
If any state, while claiming to be Islamic, does not establish the hudud of Allah, then it is a severe criminal in the sight of Allah.
The prescribed punishment (hadd) for an unmarried adulterer is what is mentioned here.
For stoning (rajm), in the end, the order of the ruler (khalifah) of the time is necessary.
He ransomed him by giving one hundred sheep and a slave girl on his behalf; the chapter heading is derived from here because he stipulated, in exchange for the prescribed punishment (hadd) for adultery, that he would give one hundred sheep and a slave girl on his behalf.
The Prophet (sallallahu alayhi wa sallam) declared this null and void and meaningless.
The prescribed punishments (hudud) are among the rights of Allah.
They cannot be averted by mutual reconciliation among the servants.
Whenever such a crime is established, the prescribed punishment (hadd) must certainly be carried out.
However, in those punishments which are due to human rights, there can be possibilities of mutual reconciliation.
For the adulterous woman, it is necessary to have four witnesses who give eyewitness testimony, or for the man and woman themselves to confess.
It should also be remembered that the establishment of hudud is the responsibility of the Islamic Shari‘ah state,
where the implementation of Islamic laws is certain.
If any state, while claiming to be Islamic, does not establish the hudud of Allah, then it is a severe criminal in the sight of Allah.
The prescribed punishment (hadd) for an unmarried adulterer is what is mentioned here.
For stoning (rajm), in the end, the order of the ruler (khalifah) of the time is necessary.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2724
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
This hadith has also been narrated by Imam Bukhari rahimahullah in the Book of Reconciliation (Kitab al-Sulh).
There, the purpose was to show that any reconciliation which goes against the limits set by Allah (hudud Allah) is invalid.
At this point, Imam Bukhari rahimahullah wants to establish that every condition which aims to abolish the limits set by Allah (hudud Allah) is also invalid.
The Messenger of Allah sallallahu alayhi wa sallam has declared such a condition null and void because the hudud are the right of Allah, which cannot be abolished by mutual reconciliation among the servants. However, in those punishments which are due to human rights, mutual reconciliation is permissible, as has been mentioned earlier in the incident of Rabi‘ bint Nadr radi Allahu anha, when she broke the front tooth of a young woman, and by paying blood money (diyah), she was pardoned from retribution (qisas).
(2)
It should be noted that the implementation of hudud is the responsibility of the Islamic government; no individual can establish them on his own.
(1)
This hadith has also been narrated by Imam Bukhari rahimahullah in the Book of Reconciliation (Kitab al-Sulh).
There, the purpose was to show that any reconciliation which goes against the limits set by Allah (hudud Allah) is invalid.
At this point, Imam Bukhari rahimahullah wants to establish that every condition which aims to abolish the limits set by Allah (hudud Allah) is also invalid.
The Messenger of Allah sallallahu alayhi wa sallam has declared such a condition null and void because the hudud are the right of Allah, which cannot be abolished by mutual reconciliation among the servants. However, in those punishments which are due to human rights, mutual reconciliation is permissible, as has been mentioned earlier in the incident of Rabi‘ bint Nadr radi Allahu anha, when she broke the front tooth of a young woman, and by paying blood money (diyah), she was pardoned from retribution (qisas).
(2)
It should be noted that the implementation of hudud is the responsibility of the Islamic government; no individual can establish them on his own.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2724
