Hadith 6820

حَدَّثَنِي مَحْمُودٌ ، حَدَّثَنَا عَبْدُ الرَّزَّاقِ ، أَخْبَرَنَا مَعْمَرٌ ، عَنْ الزُّهْرِيِّ ، عَنْ أَبِي سَلَمَةَ ، عَنْ جَابِرٍ ، " أَنَّ رَجُلًا مِنْ أَسْلَمَ ، جَاءَ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَاعْتَرَفَ بِالزِّنَا ، فَأَعْرَضَ عَنْهُ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، حَتَّى شَهِدَ عَلَى نَفْسِهِ أَرْبَعَ مَرَّاتٍ ، قَالَ لَهُ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : أَبِكَ جُنُونٌ ؟ قَالَ : لَا ، قَالَ : أُحْصَنْتَ ؟ قَالَ : نَعَمْ ، فَأَمَرَ بِهِ ، فَرُجِمَ بِالْمُصَلَّى ، فَلَمَّا أَذْلَقَتْهُ الْحِجَارَةُ ، فَرَّ ، فَأُدْرِكَ فَرُجِمَ حَتَّى مَاتَ ، فَقَالَ لَهُ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : خَيْرًا وَصَلَّى عَلَيْهِ " لَمْ يَقُلْ يُونُسُ ، وَابْنُ جُرَيْجٍ ، عَنْ الزُّهْرِيِّ : " فَصَلَّى عَلَيْهِ " . سُئِلَ أَبُو عَبْدِ اللَّهِ : " فَصَلَّى عَلَيْهِ يَصِحُّ " . قَالَ : رَوَاهُ مَعْمَرٌ ، قِيلَ لَهُ رَوَاهُ غَيْرُ مَعْمَرٍ ، قَالَ : لَا .
Narrated Jabir: A man from the tribe of Aslam came to the Prophet and confessed that he had committed an illegal sexual intercourse. The Prophet turned his face away from him till the man bore witness against himself four times. The Prophet said to him, "Are you mad?" He said "No." He said, "Are you married?" He said, "Yes." Then the Prophet ordered that he be stoned to death, and he was stoned to death at the Musalla. When the stones troubled him, he fled, but he was caught and was stoned till he died. The Prophet spoke well of him and offered his funeral prayer.
Hadith Reference صحيح البخاري / كتاب المحاربين / 6820
Hadith Grading محدثین: أحاديث صحيح البخاريّ كلّها صحيحة
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
There was a specific open area near Baqi' al-Gharqad in the vicinity of Madinah Tayyibah where the Eid prayers and funeral prayers were performed. On the occasion of the two Eids, women experiencing their specific days (i.e., menstruating women) would also gather on one side. In terms of sanctity and respect, this field did not have the same ruling as a mosque. Sometimes, this open area was chosen for carrying out the prescribed punishment (hadd) for adulterers, because the punishment of stoning cannot be carried out in the mosque, as this could defile the mosque with blood or urine.

(2)
Imam al-Bukhari rahimahullah’s purpose with this chapter heading and the presented hadith is precisely to show that the Eid ground and the funeral ground do not have the same ruling as the mosque. For if their ruling were like that of the mosque, then such things would also be avoided in them as are kept away from the mosque. And Allah knows best (Fath al-Bari: 12/158).

(3)
It should be noted that Imam al-Bukhari rahimahullah has narrated the report of Ma'mar ibn Rashid with certainty and trust, because Ma'mar was a great jurist (faqih), pious, and trustworthy. The addition of such a person is acceptable. In any case, the funeral prayer may be performed for one who has been stoned (as a legal punishment). Its details have already been mentioned elsewhere.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6820
Maulana Dawood Raz
Hadith Commentary:
Hazrat Ma'iz Aslami, in terms of rank, was even above the friends of Allah (awliya Allah) among the Companions (Sahabah).
His patience and steadfastness are worthy of great praise, for he willingly accepted the punishment for adultery (zina) and chose to give up his life rather than prefer the punishment of the Hereafter.
In another narration, when the Messenger of Allah (sallallahu alayhi wa sallam) heard about his fleeing, he said: "Why did you not let him go? Perhaps he would have repented and Allah would have forgiven his sin."
This is also the view of Imam Shafi'i and the Ahl al-Hadith: that when adultery (zina) is established by confession, and the person flees at the time of stoning (rajm), then he should immediately be let go.
Now, if he retracts his confession, the prescribed punishment (hadd) will be dropped; otherwise, the punishment will be carried out.
Subhan Allah, what can be said about the Companions (radi Allahu anhum)? Among them, there were thousands of people who never committed adultery (zina) in their entire lives, and as for our era, among thousands, perhaps only one or two individuals can be found who have never committed adultery.
It is stated in the Holy Gospel that some people brought a woman before Hazrat Isa (alayhis salam) who had committed adultery, and asked him about the ruling.
He said: "Let the one among you who has not committed adultery himself cast the first stone at her."
Upon hearing this, all those who had brought her became ashamed and left, and the poor woman remained sitting.
Finally, she asked Hazrat Isa (alayhis salam): "Now what is the ruling concerning me?" He said: "O fortunate one, you too go and repent; do not do such a thing again."
Allah, the Exalted, has forgiven your fault.
(Wahidi)
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 5270
Maulana Dawood Raz
Hadith Commentary:
This is evidence of their complete faith, that they themselves became ready to receive the prescribed punishment (hadd).
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6814
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The man who came to the service of the Messenger of Allah (sallallahu alayhi wa sallam) was Ma'iz bin Malik. When he came to the Messenger of Allah (sallallahu alayhi wa sallam) and confessed his crime, the Messenger of Allah (sallallahu alayhi wa sallam) said: "Perhaps you only kissed, or embraced, or gazed (lustfully)." He replied: "No, rather I committed intercourse (jimaa')." When he confessed his crime with such clarity, the Prophet (sallallahu alayhi wa sallam) ordered that he be stoned. (Sahih al-Bukhari, Hudud, Hadith: 6824)

(2)
The Prophet (sallallahu alayhi wa sallam) wished to give him the benefit of the doubt, that perhaps he considered gazing or kissing to be adultery (zina), as in some ahadith these acts are counted as a form of zina. In any case, he was married, and after committing zina, he was stoned. Imam al-Bukhari (rahimahullah) has established from this that stoning (rajm) is prescribed for the married person.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6814
Shaykh Dr. Abdur Rahman Freywai
Explanation:

1:
From some narrations, it is understood that the Prophet (sallallahu alayhi wa sallam) performed her funeral prayer (salat al-janazah). The way to reconcile (tatbiq) is that the narration negating it will be interpreted as referring to the day of stoning (rajm), that on that day the Prophet (sallallahu alayhi wa sallam) did not perform her funeral prayer, whereas the narration affirming it means that on the following day he performed her funeral prayer. This is also supported by the hadith in Sahih Muslim which has come from Imran ibn Husayn regarding the woman from the tribe of Juhaynah who committed adultery, then she was stoned, and the Prophet (sallallahu alayhi wa sallam) performed her funeral prayer. So Umar (radi Allahu anhu) said: "Will you perform the funeral prayer for her even though she committed adultery?" The Prophet (sallallahu alayhi wa sallam) replied: «لَقَدْ تَابَتْ تَوْبَة لَوْ قُسِمَتْ بَيْنَ سَبْعِيْنَ لَوَسعَتْهُم» meaning, the repentance she made—if it were to be distributed among seventy people, it would suffice for all of them. This hadith of Imran ibn Husayn is also in Tirmidhi. See: Kitab al-Hudud, Chapter: Waiting for the pregnant woman to deliver before stoning, Hadith number 1435.

2:
In this regard, the correct opinion is that the requirement for four confessions arises only when there is some intellectual or mental doubt regarding the confessor; otherwise, for the implementation of the hadd (legal punishment), a single confession is sufficient. The complete hadith will come ahead under the chapter of stoning (rajm) for the previously married person.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1429
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Before issuing a ruling based on a single text from the sayings of the Messenger (sallallahu alayhi wa sallam), it is necessary to consider all its narrations, and students of hadith should pay great attention to this matter.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4420
Shaykh Umar Farooq Saeedi
Benefits and Issues:
The funeral prayer (salat al-janazah) was performed for Ma'iz (radi Allahu anhu), but later, as is mentioned in Sahih al-Bukhari, see: (Sahih al-Bukhari, Hudud, Hadith: 286)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4430
Hafiz Muhammad Ameen
1958. Commentary:

➊ This person was Hazrat Ma'iz Aslami radi Allahu anhu.

➋ "He turned his face away" — This indicates that if a sin is committed and there are no witnesses, then instead of confessing, one should seek forgiveness from Allah and repent. Repentance also erases the sin. However, if a person confesses to adultery (zina) before a judge (qadi), or if four people witness the act of adultery itself, then the prescribed punishment (hadd) will be implemented.

➌ "Is he insane?" — It is understood from this that the prescribed punishment (hadd) is not applied to an insane person.

➍ "Is he married?" — If he is not married, the punishment is flogging, not stoning (rajm).

➎ "He spoke words of praise" — Because he made sincere repentance, to the extent that he sacrificed his life.

➏ "Did not perform the funeral prayer" — However, in other narrations it is mentioned that the Prophet sallallahu alayhi wa sallam did perform the funeral prayer. (Sahih al-Bukhari, Hadith: 6820) In reality, he did not perform it at that time, but performed it the next day, as Hafiz Ibn Hajar rahimahullah has mentioned with reference to Abu Qurrah's Sunan. For details, see: (Fath al-Bari, Hadith: 6820-131/12) It is understood that the funeral prayer for such a person should be performed, but not with great formality; rather, it should be performed with a few people so that criminals are discouraged, and the deceased is not deprived of the funeral prayer.

➐ Until the matter is completely clarified, the prescribed punishment (hadd) will not be implemented.

➑ The Imam may delegate the responsibility of carrying out the prescribed punishment (hadd) to someone else.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 1958