صحيح البخاري
Bukhari
كتاب المحاربينThe Book of Al-Maharbeen
بَابُ الاِعْتِرَافِ بِالزِّنَا:Chapter. To confess being guilty of an illegal sexual intercourse.
Hadith 6827
اُردوEn
حَدَّثَنَا عَلِيُّ بْنُ عَبْدِ اللَّهِ ، حَدَّثَنَا سُفْيَانُ ، قَالَ : حَفِظْنَاهُ مِنْ فِي الزُّهْرِيِّ ، قَالَ : أَخْبَرَنِي عُبَيْدُ اللَّهِ ، أَنَّهُ سَمِعَ أَبَا هُرَيْرَةَ ، وَزَيْدَ بْنَ خَالِدٍ ، قَالَا : كُنَّا عِنْدَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَامَ رَجُلٌ ، فَقَالَ : أَنْشُدُكَ اللَّهَ إِلَّا قَضَيْتَ بَيْنَنَا بِكِتَابِ اللَّهِ ، فَقَامَ خَصْمُهُ ، وَكَانَ أَفْقَهَ مِنْهُ ، فَقَالَ : اقْضِ بَيْنَنَا بِكِتَابِ اللَّهِ ، وَأْذَنْ لِي ، قَالَ : " قُلْ ، قَالَ : إِنَّ ابْنِي كَانَ عَسِيفًا عَلَى هَذَا ، فَزَنَى بِامْرَأَتِهِ فَافْتَدَيْتُ مِنْهُ بِمِائَةِ شَاةٍ وَخَادِمٍ ، ثُمَّ سَأَلْتُ رِجَالًا مِنْ أَهْلِ الْعِلْمِ ، فَأَخْبَرُونِي أَنَّ عَلَى ابْنِي جَلْدَ مِائَةٍ وَتَغْرِيبَ عَامٍ ، وَعَلَى امْرَأَتِهِ الرَّجْمَ ، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : وَالَّذِي نَفْسِي بِيَدِهِ لَأَقْضِيَنَّ بَيْنَكُمَا بِكِتَابِ اللَّهِ جَلَّ ذِكْرُهُ ، الْمِائَةُ شَاةٍ وَالْخَادِمُ رَدٌّ عَلَيْكَ ، وَعَلَى ابْنِكَ جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ ، وَاغْدُ يَا أُنَيْسُ عَلَى امْرَأَةِ هَذَا ، فَإِنِ اعْتَرَفَتْ فَارْجُمْهَا " فَغَدَا عَلَيْهَا ، فَاعْتَرَفَتْ فَرَجَمَهَا ، قُلْتُ لِسُفْيَانَ : لَمْ يَقُلْ : فَأَخْبَرُونِي أَنَّ عَلَى ابْنِي الرَّجْمَ ، فَقَالَ : الشَّكُّ فِيهَا مِنْ الزُّهْرِيِّ ، فَرُبَّمَا قُلْتُهَا ، وَرُبَّمَا سَكَتُّ .
Narrated Abu Huraira and Zaid bin Khalid: While we were with the Prophet , a man stood up and said (to the Prophet ), "I beseech you by Allah, that you should judge us according to Allah's Laws." Then the man's opponent who was wiser than him, got up saying (to Allah's Apostle) "Judge us according to Allah's Law and kindly allow me (to speak)." The Prophet said, "'Speak." He said, "My son was a laborer working for this man and he committed an illegal sexual intercourse with his wife, and I gave one-hundred sheep and a slave as a ransom for my son's sin. Then I asked a learned man about this case and he informed me that my son should receive one hundred lashes and be exiled for one year, and the man's wife should be stoned to death." The Prophet said, "By Him in Whose Hand my soul is, I will judge you according to the Laws of Allah. Your one-hundred sheep and the slave are to be returned to you, and your son has to receive one-hundred lashes and be exiled for one year. O Unais! Go to the wife of this man, and if she confesses, then stone her to death." Unais went to her and she confessed. He then stoned her to death.
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The boy regarding whom the Messenger of Allah (sallallahu alayhi wa sallam) decided upon a punishment of one hundred lashes and exile was present there along with his father. Thus, the father said that his son had committed adultery with that man's wife, and the boy's silence while his father was speaking was an admission of his crime. The Messenger of Allah (sallallahu alayhi wa sallam) was also aware that he was unmarried, because in some narrations it is mentioned that his father had clarified regarding him that he was not married.
(2)
The Messenger of Allah (sallallahu alayhi wa sallam) sent a man from the tribe of Aslam to that woman because this man had accused her of adultery. Therefore, she had the right to demand the prescribed punishment (hadd) upon the one who accused her, or to pardon him, or to confess to adultery.
(3)
From this hadith, it is also understood that a simple confession is sufficient for the prescribed punishment (hadd) of adultery; repetition (of the confession) is not necessary.
(Fath al-Bari: 12/172)
It is also understood from this hadith that a modest woman who is not accustomed to going out should not be burdened with appearing in the ruler's assembly; rather, a man should be sent to her who can assess the situation and make a decision.
And Allah knows best.
(1)
The boy regarding whom the Messenger of Allah (sallallahu alayhi wa sallam) decided upon a punishment of one hundred lashes and exile was present there along with his father. Thus, the father said that his son had committed adultery with that man's wife, and the boy's silence while his father was speaking was an admission of his crime. The Messenger of Allah (sallallahu alayhi wa sallam) was also aware that he was unmarried, because in some narrations it is mentioned that his father had clarified regarding him that he was not married.
(2)
The Messenger of Allah (sallallahu alayhi wa sallam) sent a man from the tribe of Aslam to that woman because this man had accused her of adultery. Therefore, she had the right to demand the prescribed punishment (hadd) upon the one who accused her, or to pardon him, or to confess to adultery.
(3)
From this hadith, it is also understood that a simple confession is sufficient for the prescribed punishment (hadd) of adultery; repetition (of the confession) is not necessary.
(Fath al-Bari: 12/172)
It is also understood from this hadith that a modest woman who is not accustomed to going out should not be burdened with appearing in the ruler's assembly; rather, a man should be sent to her who can assess the situation and make a decision.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6827
