صحيح البخاري
Bukhari
كتاب المحاربينThe Book of Al-Maharbeen
بَابُ الاِعْتِرَافِ بِالزِّنَا:Chapter. To confess being guilty of an illegal sexual intercourse.
Hadith 6829
اُردوEn
حَدَّثَنَا عَلِيُّ بْنُ عَبْدِ اللَّهِ ، حَدَّثَنَا سُفْيَانُ ، عَنْ الزُّهْرِيِّ ، عَنْ عُبَيْدِ اللَّهِ ، عَنْ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا ، قَالَ : قَالَ عُمَرُ " لَقَدْ خَشِيتُ أَنْ يَطُولَ بِالنَّاسِ زَمَانٌ ، حَتَّى يَقُولَ قَائِلٌ : لَا نَجِدُ الرَّجْمَ فِي كِتَابِ اللَّهِ ، فَيَضِلُّوا بِتَرْكِ فَرِيضَةٍ أَنْزَلَهَا اللَّهُ ، أَلَا وَإِنَّ الرَّجْمَ حَقٌّ عَلَى مَنْ زَنَى ، وَقَدْ أَحْصَنَ إِذَا قَامَتِ الْبَيِّنَةُ ، أَوْ كَانَ الْحَبَلُ ، أَوِ الِاعْتِرَافُ " ، قَالَ سُفْيَانُ : كَذَا حَفِظْتُ : " أَلَا وَقَدْ رَجَمَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، وَرَجَمْنَا بَعْدَهُ " .
Narrated Ibn `Abbas: `Umar said, "I am afraid that after a long time has passed, people may say, "We do not find the Verses of the Rajam (stoning to death) in the Holy Book," and consequently they may go astray by leaving an obligation that Allah has revealed. Lo! I confirm that the penalty of Rajam be inflicted on him who commits illegal sexual intercourse, if he is already married and the crime is proved by witnesses or pregnancy or confession." Sufyan added, "I have memorized this narration in this way." `Umar added, "Surely Allah's Apostle carried out the penalty of Rajam, and so did we after him."
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
The recitation of the verse of stoning (ayat al-rajm) has been abrogated, but its ruling remains in effect and obligatory to act upon until the Day of Judgment. Whoever denies it will be deemed misguided.
The recitation of the verse of stoning (ayat al-rajm) has been abrogated, but its ruling remains in effect and obligatory to act upon until the Day of Judgment. Whoever denies it will be deemed misguided.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6829
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
According to this hadith, for the prescribed punishment (hadd) of adultery (zina), it is necessary for one of three things to be present:
٭ That the act of adultery is established through testimony, meaning that four witnesses testify with explicit clarification that they saw the act of adultery taking place.
It is evident that obtaining such four testimonies at the scene is extremely difficult.
(2)
In reality, the purpose of this strict requirement is that if a person witnesses an evil act, there are two paths before him:
Either he should conceal it, or he should provide four testimonies and inform only the authorities; choosing a third path, that is, spreading such matters among the people, is extremely dangerous.
٭ Pregnancy becomes apparent, such as an unmarried girl becoming pregnant, or the wife of a husband who has been imprisoned for a long time becomes pregnant.
During the time of the Messenger of Allah (sallallahu alayhi wa sallam), a woman from the tribe of Ghamid came to the Messenger of Allah (sallallahu alayhi wa sallam) and said:
“O Messenger of Allah, carry out the prescribed punishment on me because I have become pregnant through adultery.”
(Sahih Muslim, Al-Hudud, Hadith: 4431(1695))
In this situation, for the implementation of the prescribed punishment for adultery, it is necessary for the child to be born.
٭ Confession and admission of adultery: when the adulterer, male or female, confesses to adultery themselves, then the prescribed punishment can be carried out, as is mentioned in the story of ‘Aseef.
In it, the Messenger of Allah (sallallahu alayhi wa sallam) sent Anis (radi Allahu anhu) and said that if the woman confesses to adultery, then stone her to death; so when she confessed, she was stoned.
(Sahih al-Bukhari, Al-Hudud, Hadith: 6827)
Imam al-Bukhari (rahimahullah) has established from these ahadith that for the proof of adultery, the confession and admission of the adulterer, male or female, is also sufficient.
(1)
According to this hadith, for the prescribed punishment (hadd) of adultery (zina), it is necessary for one of three things to be present:
٭ That the act of adultery is established through testimony, meaning that four witnesses testify with explicit clarification that they saw the act of adultery taking place.
It is evident that obtaining such four testimonies at the scene is extremely difficult.
(2)
In reality, the purpose of this strict requirement is that if a person witnesses an evil act, there are two paths before him:
Either he should conceal it, or he should provide four testimonies and inform only the authorities; choosing a third path, that is, spreading such matters among the people, is extremely dangerous.
٭ Pregnancy becomes apparent, such as an unmarried girl becoming pregnant, or the wife of a husband who has been imprisoned for a long time becomes pregnant.
During the time of the Messenger of Allah (sallallahu alayhi wa sallam), a woman from the tribe of Ghamid came to the Messenger of Allah (sallallahu alayhi wa sallam) and said:
“O Messenger of Allah, carry out the prescribed punishment on me because I have become pregnant through adultery.”
(Sahih Muslim, Al-Hudud, Hadith: 4431(1695))
In this situation, for the implementation of the prescribed punishment for adultery, it is necessary for the child to be born.
٭ Confession and admission of adultery: when the adulterer, male or female, confesses to adultery themselves, then the prescribed punishment can be carried out, as is mentioned in the story of ‘Aseef.
In it, the Messenger of Allah (sallallahu alayhi wa sallam) sent Anis (radi Allahu anhu) and said that if the woman confesses to adultery, then stone her to death; so when she confessed, she was stoned.
(Sahih al-Bukhari, Al-Hudud, Hadith: 6827)
Imam al-Bukhari (rahimahullah) has established from these ahadith that for the proof of adultery, the confession and admission of the adulterer, male or female, is also sufficient.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6829
