صحيح البخاري
Bukhari
كتاب المحاربينThe Book of Al-Maharbeen
بَابُ سُؤَالِ الإِمَامِ الْمُقِرَّ هَلْ أَحْصَنْتَ:Chapter. The question of the ruler to the confessing person, “Are you married?"
Hadith 6826
اُردوEn
قَالَ ابْنُ شِهَابٍ : أَخْبَرَنِي مَنْ سَمِعَ جَابِرًا ، قَالَ : فَكُنْتُ فِيمَنْ رَجَمَهُ ، فَرَجَمْنَاهُ بِالْمُصَلَّى ، فَلَمَّا أَذْلَقَتْهُ الْحِجَارَةُ ، جَمَزَ حَتَّى أَدْرَكْنَاهُ بِالْحَرَّةِ ، فَرَجَمْنَاهُ .
Ibn Shihab added, "I was told by one who heard Jabir, that Jabir said, 'I was among those who stoned the man, and we stoned him at the Musalla (`Id praying Place), and when the stones troubled him, he jumped quickly and ran away, but we overtook him at Al-Harra and stoned him to death (there).' "
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
The correspondence between the chapter and the hadith is evident; it is indeed Ma'iz al-Aslami radi Allahu anhu who is intended here.
From this hadith, Imam al-Bukhari rahimahullah has derived many rulings.
It is astonishing regarding those antagonists who, by lowering such a great mujtahid from the rank of ijtihad, continue to display their inner hostility.
The correspondence between the chapter and the hadith is evident; it is indeed Ma'iz al-Aslami radi Allahu anhu who is intended here.
From this hadith, Imam al-Bukhari rahimahullah has derived many rulings.
It is astonishing regarding those antagonists who, by lowering such a great mujtahid from the rank of ijtihad, continue to display their inner hostility.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6826
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Ma'iz bin Malik radi Allahu anhu did not come to ask for a legal verdict (fatwa) about someone else; rather, his purpose in coming was to confess, "I have committed adultery (zina), and the requirements of the Shariah should be fulfilled regarding me." The Messenger of Allah sallallahu alayhi wa sallam asked him numerous questions, among which an important question was: "Are you married?" because being married is a fundamental condition for the punishment of stoning (rajm).
(2)
Ihsan is that after a valid marriage (nikah sahih) with a woman, sexual intercourse (jima') has taken place.
This question should be asked when it is not known whether the person is married.
If his being married is well-known, then there is no need to ask such a question.
In any case, the Imam should thoroughly fulfill all requirements of investigation and inquiry before establishing the prescribed punishment (hadd).
This is exactly what is done in Saudi Arabia.
When the writer was a translator at the Ji'ad police station in Makkah Mukarramah, he observed this matter on several occasions.
(1)
Ma'iz bin Malik radi Allahu anhu did not come to ask for a legal verdict (fatwa) about someone else; rather, his purpose in coming was to confess, "I have committed adultery (zina), and the requirements of the Shariah should be fulfilled regarding me." The Messenger of Allah sallallahu alayhi wa sallam asked him numerous questions, among which an important question was: "Are you married?" because being married is a fundamental condition for the punishment of stoning (rajm).
(2)
Ihsan is that after a valid marriage (nikah sahih) with a woman, sexual intercourse (jima') has taken place.
This question should be asked when it is not known whether the person is married.
If his being married is well-known, then there is no need to ask such a question.
In any case, the Imam should thoroughly fulfill all requirements of investigation and inquiry before establishing the prescribed punishment (hadd).
This is exactly what is done in Saudi Arabia.
When the writer was a translator at the Ji'ad police station in Makkah Mukarramah, he observed this matter on several occasions.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6826
