صحيح البخاري
Bukhari
كتاب الطلاقThe Book of Divorce
بَابُ الإِشَارَةِ فِي الطَّلاَقِ وَالأُمُورِ:Chapter. Using gestures to express the decision of divorcing and other matters.
Hadith 5295
اُردوEn
وَقَالَ الْأُوَيْسِيُّ : حَدَّثَنَا إِبْرَاهِيمُ بْنُ سَعْدٍ ، عَنْ شُعْبَةَ بْنِ الْحَجَّاجِ ، عَنْ هِشَامِ بْنِ زَيْدٍ ، عَنْ أَنَسِ بْنِ مَالِكٍ ، قَالَ : " عَدَا يَهُودِيٌّ فِي عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَلَى جَارِيَةٍ ، فَأَخَذَ أَوْضَاحًا كَانَتْ عَلَيْهَا ، وَرَضَخَ رَأْسَهَا ، فَأَتَى بِهَا أَهْلُهَا رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَهِيَ فِي آخِرِ رَمَقٍ وَقَدْ أُصْمِتَتْ ، فَقَالَ لَهَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : مَنْ قَتَلَكِ ؟ فُلَانٌ لِغَيْرِ الَّذِي قَتَلَهَا ، فَأَشَارَتْ بِرَأْسِهَا أَنْ لَا ، قَالَ : فَقَالَ لِرَجُلٍ آخَرَ غَيْرِ الَّذِي قَتَلَهَا ، فَأَشَارَتْ أَنْ لَا ، فَقَالَ : فَفُلَانٌ لِقَاتِلِهَا ، فَأَشَارَتْ أَنْ نَعَمْ ، فَأَمَرَ بِهِ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَرُضِخَ رَأْسُهُ بَيْنَ حَجَرَيْنِ " .
Narrated Anas bin Malik: During the lifetime of Allah's Apostle a Jew attacked a girl and took some silver ornaments she was wearing and crushed her head. Her relative brought her to the Prophet while she was in her last breaths, and she was unable to speak. Allah's Apostle asked her, "Who has hit you? So-and so?", mentioning somebody other than her murderer. She moved her head, indicating denial. The Prophet mentioned another person other than the murderer, and she again moved her head indicating denial. Then he asked, "Was it so-and-so?", mentioning the name of her killer. She nodded, agreeing. Then Allah's Apostle; ordered that the head of that Jew be crushed between two stones.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
After this, the Jew also confessed to this crime, so the Prophet (sallallahu alayhi wa sallam) gave the order regarding him, and his head was also crushed between two stones.
In this hadith as well, certain indications have been considered reliable.
This is the reason for the correspondence (between the crime and the punishment).
Just as this wretched person mercilessly killed the innocent girl, so too was retribution (qisas) taken from him in the same manner.
The Ahl al-Hadith, our Imam Ahmad ibn Hanbal (rahimahullah), the Malikis, and the Shafi‘is—all hold the view in accordance with this hadith that the murderer should be subjected to retribution (qisas) in the same manner as he killed the victim. However, the Hanafis hold the opposite view, that retribution (qisas) should always be carried out with the sword.
The reason the Prophet (sallallahu alayhi wa sallam) asked the girl again, mentioning other names, was to establish that the girl was conscious and aware, so that her testimony would be considered fully reliable.
From this hadith, it is derived that testimony given at the time of death is a sound and reliable testimony, which even the English (British) have considered a credible testimony in their law of evidence. (Waheedi Explanation:
After this, the Jew also confessed to this crime, so the Prophet (sallallahu alayhi wa sallam) gave the order regarding him, and his head was also crushed between two stones.
In this hadith as well, certain indications have been considered reliable.
This is the reason for the correspondence (between the crime and the punishment).
Just as this wretched person mercilessly killed the innocent girl, so too was retribution (qisas) taken from him in the same manner.
The Ahl al-Hadith, our Imam Ahmad ibn Hanbal (rahimahullah), the Malikis, and the Shafi‘is—all hold the view in accordance with this hadith that the murderer should be subjected to retribution (qisas) in the same manner as he killed the victim. However, the Hanafis hold the opposite view, that retribution (qisas) should always be carried out with the sword.
The reason the Prophet (sallallahu alayhi wa sallam) asked the girl again, mentioning other names, was to establish that the girl was conscious and aware, so that her testimony would be considered fully reliable.
From this hadith, it is derived that testimony given at the time of death is a sound and reliable testimony, which even the English (British) have considered a credible testimony in their law of evidence. (Waheedi)
After this, the Jew also confessed to this crime, so the Prophet (sallallahu alayhi wa sallam) gave the order regarding him, and his head was also crushed between two stones.
In this hadith as well, certain indications have been considered reliable.
This is the reason for the correspondence (between the crime and the punishment).
Just as this wretched person mercilessly killed the innocent girl, so too was retribution (qisas) taken from him in the same manner.
The Ahl al-Hadith, our Imam Ahmad ibn Hanbal (rahimahullah), the Malikis, and the Shafi‘is—all hold the view in accordance with this hadith that the murderer should be subjected to retribution (qisas) in the same manner as he killed the victim. However, the Hanafis hold the opposite view, that retribution (qisas) should always be carried out with the sword.
The reason the Prophet (sallallahu alayhi wa sallam) asked the girl again, mentioning other names, was to establish that the girl was conscious and aware, so that her testimony would be considered fully reliable.
From this hadith, it is derived that testimony given at the time of death is a sound and reliable testimony, which even the English (British) have considered a credible testimony in their law of evidence. (Waheedi Explanation:
After this, the Jew also confessed to this crime, so the Prophet (sallallahu alayhi wa sallam) gave the order regarding him, and his head was also crushed between two stones.
In this hadith as well, certain indications have been considered reliable.
This is the reason for the correspondence (between the crime and the punishment).
Just as this wretched person mercilessly killed the innocent girl, so too was retribution (qisas) taken from him in the same manner.
The Ahl al-Hadith, our Imam Ahmad ibn Hanbal (rahimahullah), the Malikis, and the Shafi‘is—all hold the view in accordance with this hadith that the murderer should be subjected to retribution (qisas) in the same manner as he killed the victim. However, the Hanafis hold the opposite view, that retribution (qisas) should always be carried out with the sword.
The reason the Prophet (sallallahu alayhi wa sallam) asked the girl again, mentioning other names, was to establish that the girl was conscious and aware, so that her testimony would be considered fully reliable.
From this hadith, it is derived that testimony given at the time of death is a sound and reliable testimony, which even the English (British) have considered a credible testimony in their law of evidence. (Waheedi)
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 5295
