صحيح البخاري
Bukhari
كتاب المحاربينThe Book of Al-Maharbeen
بَابُ رَجْمِ الْحُبْلَى مِنَ الزِّنَا إِذَا أَحْصَنَتْ:Chapter. The Rajm (stoning to death) of a married lady who has become pregnant through illegal sexual intercourse.
Hadith 6830
اُردوEn
حَدَّثَنَا عَبْدُ الْعَزِيزِ بْنُ عَبْدِ اللَّهِ ، حَدَّثَنِي إِبْرَاهِيمُ بْنُ سَعْدٍ ، عَنْ صَالِحٍ ، عَنْ ابْنِ شِهَابٍ ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ بْنِ عُتْبَةَ بْنِ مَسْعُودٍ ،عَنْ ابْنِ عَبَّاسٍ ، قَالَ : " كُنْتُ أُقْرِئُ رِجَالًا مِنْ الْمُهَاجِرِينَ مِنْهُمْ عَبْدُ الرَّحْمَنِ بْنُ عَوْفٍ ، فَبَيْنَمَا أَنَا فِي مَنْزِلِهِ بِمِنًى ، وَهُوَ عِنْدَ عُمَرَ بْنِ الْخَطَّابِ فِي آخِرِ حَجَّةٍ حَجَّهَا ، إِذْ رَجَعَ إِلَيَّ عَبْدُ الرَّحْمَنِ ، فَقَالَ لَوْ رَأَيْتَ رَجُلًا أَتَى أَمِيرَ الْمُؤْمِنِينَ الْيَوْمَ ، فَقَالَ يَا أَمِيرَ الْمُؤْمِنِينَ : هَلْ لَكَ فِي فُلَانٍ يَقُولُ : لَوْ قَدْ مَاتَ عُمَرُ ، لَقَدْ بَايَعْتُ فُلَانًا ، فَوَاللَّهِ مَا كَانَتْ بَيْعَةُ أَبِي بَكْرٍ إِلَّا فَلْتَةً فَتَمَّتْ ، فَغَضِبَ عُمَرُ ، ثُمَّ قَالَ : إِنِّي إِنْ شَاءَ اللَّهُ لَقَائِمٌ الْعَشِيَّةَ فِي النَّاسِ فَمُحَذِّرُهُمْ هَؤُلَاءِ الَّذِينَ يُرِيدُونَ أَنْ يَغْصِبُوهُمْ أُمُورَهُمْ ، قَالَ عَبْدُ الرَّحْمَنِ : فَقُلْتُ يَا أَمِيرَ الْمُؤْمِنِينَ : لَا تَفْعَلْ فَإِنَّ الْمَوْسِمَ يَجْمَعُ رَعَاعَ النَّاسِ وَغَوْغَاءَهُمْ ، فَإِنَّهُمْ هُمُ الَّذِينَ يَغْلِبُونَ عَلَى قُرْبِكَ حِينَ تَقُومُ فِي النَّاسِ ، وَأَنَا أَخْشَى أَنْ تَقُومَ فَتَقُولَ مَقَالَةً يُطَيِّرُهَا عَنْكَ كُلُّ مُطَيِّرٍ ، وَأَنْ لَا يَعُوهَا ، وَأَنْ لَا يَضَعُوهَا عَلَى مَوَاضِعِهَا ، فَأَمْهِلْ حَتَّى تَقْدَمَ الْمَدِينَةَ ، فَإِنَّهَا دَارُ الْهِجْرَةِ وَالسُّنَّةِ ، فَتَخْلُصَ بِأَهْلِ الْفِقْهِ ، وَأَشْرَافِ النَّاسِ ، فَتَقُولَ مَا قُلْتَ مُتَمَكِّنًا ، فَيَعِي أَهْلُ الْعِلْمِ مَقَالَتَكَ ، وَيَضَعُونَهَا عَلَى مَوَاضِعِهَا ، فَقَالَ عُمَرُ : أَمَا وَاللَّهِ إِنْ شَاءَ اللَّهُ لَأَقُومَنَّ بِذَلِكَ أَوَّلَ مَقَامٍ أَقُومُهُ بِالْمَدِينَةِ ، قَالَ ابْنُ عَبَّاسٍ : فَقَدِمْنَا الْمَدِينَةَ فِي عُقْبِ ذِي الْحَجَّةِ ، فَلَمَّا كَانَ يَوْمُ الْجُمُعَةِ ، عَجَّلْتُ الرَّوَاحَ حِينَ زَاغَتِ الشَّمْسُ ، حَتَّى أَجِدَ سَعِيدَ بْنَ زَيْدِ بْنِ عَمْرِو بْنِ نُفَيْلٍ جَالِسًا إِلَى رُكْنِ الْمِنْبَرِ ، فَجَلَسْتُ حَوْلَهُ تَمَسُّ رُكْبَتِي رُكْبَتَهُ ، فَلَمْ أَنْشَبْ أَنْ خَرَجَ عُمَرُ بْنُ الْخَطَّابِ ، فَلَمَّا رَأَيْتُهُ مُقْبِلًا ، قُلْتُ لِسَعِيدِ بْنِ زَيْدِ بْنِ عَمْرِو بْنِ نُفَيْلٍ : لَيَقُولَنَّ الْعَشِيَّةَ مَقَالَةً لَمْ يَقُلْهَا مُنْذُ اسْتُخْلِفَ ، فَأَنْكَرَ عَلَيَّ ، وَقَالَ : مَا عَسَيْتَ أَنْ يَقُولَ مَا لَمْ يَقُلْ قَبْلَهُ ، فَجَلَسَ عُمَرُ عَلَى الْمِنْبَرِ ، فَلَمَّا سَكَتَ الْمُؤَذِّنُونَ ، قَامَ فَأَثْنَى عَلَى اللَّهِ بِمَا هُوَ أَهْلُهُ ، ثُمَّ قَالَ : أَمَّا بَعْدُ ، فَإِنِّي قَائِلٌ لَكُمْ مَقَالَةً قَدْ قُدِّرَ لِي أَنْ أَقُولَهَا ، لَا أَدْرِي لَعَلَّهَا بَيْنَ يَدَيْ أَجَلِي ، فَمَنْ عَقَلَهَا وَوَعَاهَا فَلْيُحَدِّثْ بِهَا حَيْثُ انْتَهَتْ بِهِ رَاحِلَتُهُ ، وَمَنْ خَشِيَ أَنْ لَا يَعْقِلَهَا فَلَا أُحِلُّ لِأَحَدٍ أَنْ يَكْذِبَ عَلَيَّ ، إِنَّ اللَّهَ بَعَثَ مُحَمَّدًا صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِالْحَقِّ ، وَأَنْزَلَ عَلَيْهِ الْكِتَابَ ، فَكَانَ مِمَّا أَنْزَلَ اللَّهُ آيَةُ الرَّجْمِ ، فَقَرَأْنَاهَا وَعَقَلْنَاهَا وَوَعَيْنَاهَا ، رَجَمَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَرَجَمْنَا بَعْدَهُ ، فَأَخْشَى إِنْ طَالَ بِالنَّاسِ زَمَانٌ ، أَنْ يَقُولَ قَائِلٌ : وَاللَّهِ مَا نَجِدُ آيَةَ الرَّجْمِ فِي كِتَابِ اللَّهِ ، فَيَضِلُّوا بِتَرْكِ فَرِيضَةٍ أَنْزَلَهَا اللَّهُ ، وَالرَّجْمُ فِي كِتَابِ اللَّهِ حَقٌّ عَلَى مَنْ زَنَى ، إِذَا أُحْصِنَ مِنَ الرِّجَالِ وَالنِّسَاءِ ، إِذَا قَامَتِ الْبَيِّنَةُ ، أَوْ كَانَ الْحَبَلُ ، أَوِ الِاعْتِرَافُ ، ثُمَّ إِنَّا كُنَّا نَقْرَأُ فِيمَا نَقْرَأُ مِنْ كِتَابِ اللَّهِ ، أَنْ لَا تَرْغَبُوا عَنْ آبَائِكُمْ فَإِنَّهُ كُفْرٌ بِكُمْ ، أَنْ تَرْغَبُوا عَنْ آبَائِكُمْ ، أَوْ إِنَّ كُفْرًا بِكُمْ أَنْ تَرْغَبُوا عَنْ آبَائِكُمْ ، أَلَا ثُمَّ إِنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : لَا تُطْرُونِي كَمَا أُطْرِيَ عِيسَى ابْنُ مَرْيَمَ ، وَقُولُوا : عَبْدُ اللَّهِ وَرَسُولُهُ ، ثُمَّ إِنَّهُ بَلَغَنِي أَنَّ قَائِلًا مِنْكُمْ ، يَقُولُ : وَاللَّهِ لَوْ قَدْ مَاتَ عُمَرُ بَايَعْتُ فُلَانًا ، فَلَا يَغْتَرَّنَّ امْرُؤٌ أَنْ ، يَقُولَ : إِنَّمَا كَانَتْ بَيْعَةُ أَبِي بَكْرٍ فَلْتَةً وَتَمَّتْ ، أَلَا وَإِنَّهَا قَدْ كَانَتْ كَذَلِكَ ، وَلَكِنَّ اللَّهَ وَقَى شَرَّهَا ، وَلَيْسَ مِنْكُمْ مَنْ تُقْطَعُ الْأَعْنَاقُ إِلَيْهِ مِثْلُ أَبِي بَكْرٍ ، مَنْ بَايَعَ رَجُلًا عَنْ غَيْرِ مَشُورَةٍ مِنَ الْمُسْلِمِينَ ، فَلَا يُبَايَعُ هُوَ : وَلَا الَّذِي بَايَعَهُ تَغِرَّةً أَنْ يُقْتَلَا ، وَإِنَّهُ قَدْ كَانَ مِنْ خَبَرِنَا حِينَ تَوَفَّى اللَّهُ نَبِيَّهُ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، أَنَّ الْأَنْصَارَ خَالَفُونَا ، وَاجْتَمَعُوا بِأَسْرِهِمْ فِي سَقِيفَةِ بَنِي سَاعِدَةَ ، وَخَالَفَ عَنَّا عَلِيٌّ ، وَالزُّبَيْرُ ، وَمَنْ مَعَهُمَا ، وَاجْتَمَعَ الْمُهَاجِرُونَ إِلَى أَبِي بَكْرٍ ، فَقُلْتُ لِأَبِي بَكْرٍ : يَا أَبَا بَكْرٍ انْطَلِقْ بِنَا إِلَى إِخْوَانِنَا هَؤُلَاءِ مِنَ الْأَنْصَارِ ، فَانْطَلَقْنَا نُرِيدُهُمْ ، فَلَمَّا دَنَوْنَا مِنْهُمْ ، لَقِيَنَا مِنْهُمْ رَجُلَانِ صَالِحَانِ ، فَذَكَرَا مَا تَمَالَأَ عَلَيْهِ الْقَوْمُ ، فَقَالَا : أَيْنَ تُرِيدُونَ يَا مَعْشَرَ الْمُهَاجِرِينَ ؟ فَقُلْنَا : نُرِيدُ إِخْوَانَنَا هَؤُلَاءِ مِنْ الْأَنْصَارِ ، فَقَالَا : لَا عَلَيْكُمْ أَنْ لَا تَقْرَبُوهُمْ ، اقْضُوا أَمْرَكُمْ ، فَقُلْتُ : وَاللَّهِ لَنَأْتِيَنَّهُمْ ، فَانْطَلَقْنَا حَتَّى أَتَيْنَاهُمْ فِي سَقِيفَةِ بَنِي سَاعِدَةَ ، فَإِذَا رَجُلٌ مُزَمَّلٌ بَيْنَ ظَهْرَانَيْهِمْ ، فَقُلْتُ مَنْ هَذَا : فَقَالُوا : هَذَا سَعْدُ بْنُ عُبَادَةَ ، فَقُلْتُ : مَا لَهُ قَالُوا : يُوعَكُ ، فَلَمَّا جَلَسْنَا قَلِيلًا تَشَهَّدَ خَطِيبُهُمْ ، فَأَثْنَى عَلَى اللَّهِ بِمَا هُوَ أَهْلُهُ ، ثُمَّ قَالَ : أَمَّا بَعْدُ : فَنَحْنُ أَنْصَارُ اللَّهِ وَكَتِيبَةُ الْإِسْلَامِ ، وَأَنْتُمْ مَعْشَرَ الْمُهَاجِرِينَ رَهْطٌ وَقَدْ دَفَّتْ دَافَّةٌ مِنْ قَوْمِكُمْ ، فَإِذَا هُمْ يُرِيدُونَ أَنْ يَخْتَزِلُونَا مِنْ أَصْلِنَا ، وَأَنْ يَحْضُنُونَا مِنَ الْأَمْرِ ، فَلَمَّا سَكَتَ ، أَرَدْتُ أَنْ أَتَكَلَّمَ ، وَكُنْتُ قَدْ زَوَّرْتُ مَقَالَةً أَعْجَبَتْنِي ، أُرِيدُ أَنْ أُقَدِّمَهَا بَيْنَ يَدَيْ أَبِي بَكْرٍ ، وَكُنْتُ أُدَارِي مِنْهُ بَعْضَ الْحَدِّ ، فَلَمَّا أَرَدْتُ أَنْ أَتَكَلَّمَ ، قَالَ أَبُو بَكْرٍ : عَلَى رِسْلِكَ ، فَكَرِهْتُ أَنْ أُغْضِبَهُ ، فَتَكَلَّمَ أَبُو بَكْرٍ ، فَكَانَ هُوَ أَحْلَمَ مِنِّي ، وَأَوْقَرَ وَاللَّهِ مَا تَرَكَ مِنْ كَلِمَةٍ أَعْجَبَتْنِي فِي تَزْوِيرِي إِلَّا قَالَ فِي بَدِيهَتِهِ مِثْلَهَا ، أَوْ أَفْضَلَ مِنْهَا ، حَتَّى سَكَتَ ، فَقَالَ : مَا ذَكَرْتُمْ فِيكُمْ مِنْ خَيْرٍ فَأَنْتُمْ لَهُ أَهْلٌ ، وَلَنْ يُعْرَفَ هَذَا الْأَمْرُ إِلَّا لِهَذَا الْحَيِّ مِنْ قُرَيْشٍ ، هُمْ أَوْسَطُ الْعَرَبِ نَسَبًا ، وَدَارًا ، وَقَدْ رَضِيتُ لَكُمْ أَحَدَ هَذَيْنِ الرَّجُلَيْنِ ، فَبَايِعُوا أَيَّهُمَا شِئْتُمْ ، فَأَخَذَ بِيَدِي وَبِيَدِ أَبِي عُبَيْدَةَ بْنِ الْجَرَّاحِ ، وَهُوَ جَالِسٌ بَيْنَنَا فَلَمْ أَكْرَهْ مِمَّا قَالَ غَيْرَهَا ، كَانَ وَاللَّهِ أَنْ أُقَدَّمَ فَتُضْرَبَ عُنُقِي لَا يُقَرِّبُنِي ذَلِكَ مِنْ إِثْمٍ ، أَحَبَّ إِلَيَّ مِنْ أَنْ أَتَأَمَّرَ عَلَى قَوْمٍ فِيهِمْ أَبُو بَكْرٍ ، اللَّهُمَّ إِلَّا أَنْ تُسَوِّلَ إِلَيَّ نَفْسِي عِنْدَ الْمَوْتِ شَيْئًا لَا أَجِدُهُ الْآنَ ، فَقَالَ قَائِلٌ مِنْ الْأَنْصَارِ : أَنَا جُذَيْلُهَا الْمُحَكَّكُ ، وَعُذَيْقُهَا الْمُرَجَّبُ ، مِنَّا أَمِيرٌ وَمِنْكُمْ أَمِيرٌ يَا مَعْشَرَ قُرَيْشٍ ، فَكَثُرَ اللَّغَطُ وَارْتَفَعَتِ الْأَصْوَاتُ حَتَّى فَرِقْتُ مِنَ الِاخْتِلَافِ ، فَقُلْتُ : ابْسُطْ يَدَكَ يَا أَبَا بَكْرٍ ، فَبَسَطَ يَدَهُ ، فَبَايَعْتُهُ ، وَبَايَعَهُ الْمُهَاجِرُونَ ، ثُمَّ بَايَعَتْهُ الْأَنْصَارُ ، وَنَزَوْنَا عَلَى سَعْدِ بْنِ عُبَادَةَ ، فَقَالَ قَائِلٌ مِنْهُمْ : قَتَلْتُمْ سَعْدَ بْنَ عُبَادَةَ ، فَقُلْتُ : قَتَلَ اللَّهُ سَعْدَ بْنَ عُبَادَةَ ، قَالَ عُمَرُ وَإِنَّا : وَاللَّهِ مَا وَجَدْنَا فِيمَا حَضَرْنَا مِنْ أَمْرٍ أَقْوَى مِنْ مُبَايَعَةِ أَبِي بَكْرٍ ، خَشِينَا إِنْ فَارَقْنَا الْقَوْمَ وَلَمْ تَكُنْ بَيْعَةٌ ، أَنْ يُبَايِعُوا رَجُلًا مِنْهُمْ بَعْدَنَا ، فَإِمَّا بَايَعْنَاهُمْ عَلَى مَا لَا نَرْضَى ، وَإِمَّا نُخَالِفُهُمْ فَيَكُونُ فَسَادٌ ، فَمَنْ بَايَعَ رَجُلًا عَلَى غَيْرِ مَشُورَةٍ مِنَ الْمُسْلِمِينَ ، فَلَا يُتَابَعُ هُوَ وَلَا الَّذِي بَايَعَهُ تَغِرَّةً أَنْ يُقْتَلَا " .
Narrated Ibn `Abbas: I used to teach (the Qur'an to) some people of the Muhajirln (emigrants), among whom there was `Abdur Rahman bin `Auf. While I was in his house at Mina, and he was with `Umar bin Al-Khattab during `Umar's last Hajj, `Abdur-Rahman came to me and said, "Would that you had seen the man who came today to the Chief of the Believers (`Umar), saying, 'O Chief of the Believers! What do you think about so-and-so who says, 'If `Umar should die, I will give the pledge of allegiance to such-andsuch person, as by Allah, the pledge of allegiance to Abu Bakr was nothing but a prompt sudden action which got established afterwards.' `Umar became angry and then said, 'Allah willing, I will stand before the people tonight and warn them against those people who want to deprive the others of their rights (the question of rulership). `Abdur-Rahman said, "I said, 'O Chief of the believers! Do not do that, for the season of Hajj gathers the riff-raff and the rubble, and it will be they who will gather around you when you stand to address the people. And I am afraid that you will get up and say something, and some people will spread your statement and may not say what you have actually said and may not understand its meaning, and may interpret it incorrectly, so you should wait till you reach Medina, as it is the place of emigration and the place of Prophet's Traditions, and there you can come in touch with the learned and noble people, and tell them your ideas with confidence; and the learned people will understand your statement and put it in its proper place.' On that, `Umar said, 'By Allah! Allah willing, I will do this in the first speech I will deliver before the people in Medina." Ibn `Abbas added: We reached Medina by the end of the month of Dhul-Hijja, and when it was Friday, we went quickly (to the mosque) as soon as the sun had declined, and I saw Sa`id bin Zaid bin `Amr bin Nufail sitting at the corner of the pulpit, and I too sat close to him so that my knee was touching his knee, and after a short while `Umar bin Al-Khattab came out, and when I saw him coming towards us, I said to Sa`id bin Zaid bin `Amr bin Nufail "Today `Umar will say such a thing as he has never said since he was chosen as Caliph." Sa`id denied my statement with astonishment and said, "What thing do you expect `Umar to say the like of which he has never said before?" In the meantime, `Umar sat on the pulpit and when the callmakers for the prayer had finished their call, `Umar stood up, and having glorified and praised Allah as He deserved, he said, "Now then, I am going to tell you something which (Allah) has written for me to say. I do not know; perhaps it portends my death, so whoever understands and remembers it, must narrate it to the others wherever his mount takes him, but if somebody is afraid that he does not understand it, then it is unlawful for him to tell lies about me. Allah sent Muhammad with the Truth and revealed the Holy Book to him, and among what Allah revealed, was the Verse of the Rajam (the stoning of married person (male & female) who commits illegal sexual intercourse, and we did recite this Verse and understood and memorized it. Allah's Apostle did carry out the punishment of stoning and so did we after him. I am afraid that after a long time has passed, somebody will say, 'By Allah, we do not find the Verse of the Rajam in Allah's Book,' and thus they will go astray by leaving an obligation which Allah has revealed. And the punishment of the Rajam is to be inflicted to any married person (male & female), who commits illegal sexual intercourse, if the required evidence is available or there is conception or confession. And then we used to recite among the Verses in Allah's Book: 'O people! Do not claim to be the offspring of other than your fathers, as it is disbelief (unthankfulness) on your part that you claim to be the offspring of other than your real father.' Then Allah's Apostle said, 'Do not praise me excessively as Jesus, son of Marry was praised, but call me Allah's Slave and His Apostles.' (O people!) I have been informed that a speaker amongst you says, 'By Allah, if `Umar should die, I will give the pledge of allegiance to such-and-such person.' One should not deceive oneself by saying that the pledge of allegiance given to Abu Bakr was given suddenly and it was successful. No doubt, it was like that, but Allah saved (the people) from its evil, and there is none among you who has the qualities of Abu Bakr. Remember that whoever gives the pledge of allegiance to anybody among you without consulting the other Muslims, neither that person, nor the person to whom the pledge of allegiance was given, are to be supported, lest they both should be killed. And no doubt after the death of the Prophet we were informed that the Ansar disagreed with us and gathered in the shed of Bani Sa`da. `Ali and Zubair and whoever was with them, opposed us, while the emigrants gathered with Abu Bakr. I said to Abu Bakr, 'Let's go to these Ansari brothers of ours.' So we set out seeking them, and when we approached them, two pious men of theirs met us and informed us of the final decision of the Ansar, and said, 'O group of Muhajirin (emigrants) ! Where are you going?' We replied, 'We are going to these Ansari brothers of ours.' They said to us, 'You shouldn't go near them. Carry out whatever we have already decided.' I said, 'By Allah, we will go to them.' And so we proceeded until we reached them at the shed of Bani Sa`da. Behold! There was a man sitting amongst them and wrapped in something. I asked, 'Who is that man?' They said, 'He is Sa`d bin 'Ubada.' I asked, 'What is wrong with him?' They said, 'He is sick.' After we sat for a while, the Ansar's speaker said, 'None has the right to be worshipped but Allah,' and praising Allah as He deserved, he added, 'To proceed, we are Allah's Ansar (helpers) and the majority of the Muslim army, while you, the emigrants, are a small group and some people among you came with the intention of preventing us from practicing this matter (of caliphate) and depriving us of it.' When the speaker had finished, I intended to speak as I had prepared a speech which I liked and which I wanted to deliver in the presence of Abu Bakr, and I used to avoid provoking him. So, when I wanted to speak, Abu Bakr said, 'Wait a while.' I disliked to make him angry. So Abu Bakr himself gave a speech, and he was wiser and more patient than I. By Allah, he never missed a sentence that I liked in my own prepared speech, but he said the like of it or better than it spontaneously. After a pause he said, 'O Ansar! You deserve all (the qualities that you have attributed to yourselves, but this question (of Caliphate) is only for the Quraish as they are the best of the Arabs as regards descent and home, and I am pleased to suggest that you choose either of these two men, so take the oath of allegiance to either of them as you wish. And then Abu Bakr held my hand and Abu Ubada bin `Abdullah's hand who was sitting amongst us. I hated nothing of what he had said except that proposal, for by Allah, I would rather have my neck chopped off as expiator for a sin than become the ruler of a nation, one of whose members is Abu Bakr, unless at the time of my death my own-self suggests something I don't feel at present.' And then one of the Ansar said, 'I am the pillar on which the camel with a skin disease (eczema) rubs itself to satisfy the itching (i.e., I am a noble), and I am as a high class palm tree! O Quraish. There should be one ruler from us and one from you.' Then there was a hue and cry among the gathering and their voices rose so that I was afraid there might be great disagreement, so I said, 'O Abu Bakr! Hold your hand out.' He held his hand out and I pledged allegiance to him, and then all the emigrants gave the Pledge of allegiance and so did the Ansar afterwards. And so we became victorious over Sa`d bin Ubada (whom Al-Ansar wanted to make a ruler). One of the Ansar said, 'You have killed Sa`d bin Ubada.' I replied, 'Allah has killed Sa`d bin Ubada.' `Umar added, "By Allah, apart from the great tragedy that had happened to us (i.e. the death of the Prophet), there was no greater problem than the allegiance pledged to Abu Bakr because we were afraid that if we left the people, they might give the Pledge of allegiance after us to one of their men, in which case we would have given them our consent for something against our real wish, or would have opposed them and caused great trouble. So if any person gives the Pledge of allegiance to somebody (to become a Caliph) without consulting the other Muslims, then the one he has selected should not be granted allegiance, lest both of them should be killed."
Related hadith on this topic
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
There are many points worthy of consideration in this lengthy hadith.
Who was the person who mentioned pledging allegiance to another after the passing of Umar radi Allahu anhu? According to Al-Baladhuri’s Ansab, it is understood that this person was Zubair radi Allahu anhu. He had said that after the passing of Umar radi Allahu anhu, they would pledge allegiance to Ali radi Allahu anhu. This is the correct view. This is also the conclusion reached by the late Maulana Waheeduz-Zaman.
When Umar radi Allahu anhu returned to Madinah and delivered his sermon, he also mentioned his own death; this was a karamah (miraculous sign) of his. He had come to know that death was now near. After this sermon, before the month of Dhu al-Hijjah had even ended, Abu Lu’lu’ the Magian martyred him.
In some narrations, it is stated that Umar radi Allahu anhu said, “I saw a dream, and I think my death has arrived.” He saw that a rooster was pecking at him. In Mina, in response to the one who spoke, he elaborated in his sermon and said, “See, let no one become Imam without consultation, otherwise his life will be in danger.” By this, Umar radi Allahu anhu meant that the matter of caliphate and allegiance should always be decided thoughtfully and with the consultation of the Muslims. And if anyone cites the example of Abu Bakr as-Siddiq radi Allahu anhu, that his allegiance was pledged suddenly and yet no harm resulted from it, then this is foolishness. Because it was a coincidental matter that Abu Bakr radi Allahu anhu was the most virtuous of the Ummah and worthy of the caliphate. By coincidence, allegiance was pledged to him; it cannot always happen this way.
Subhan Allah. The statement of Umar radi Allahu anhu is absolutely correct. The outcome of those who become Imam without consultation is often just like this.
In these circumstances, the thoughts that Umar radi Allahu anhu expressed about himself and about as-Siddiq al-Akbar radi Allahu anhu meant that until his dying breath, he remained firm on the belief that he could not be preferred over Abu Bakr as-Siddiq radi Allahu anhu, and that as long as Abu Bakr radi Allahu anhu was present among the people, he could not be their leader. Until now, he was firm on this conviction, but if in the future Satan or his own self were to mislead him and put another thought in his heart, that would be another matter.
Bravo, a hundred times bravo! Upon the humility, modesty, and understanding of reality of Umar radi Allahu anhu, that in every matter he considered Abu Bakr radi Allahu anhu to be above and superior to himself. Radi Allahu anhum ajma’in.
What the Ansari orator said was, in fact, an expression of his own thoughts: that he considered himself to be very wise, intelligent, and the reference point of the nation; people would turn to him in every dispute and case, and he would give such excellent advice that no one else could think of. It was as if the itch of disputes and quarrels would come to him, and by taking his advice, they would be resolved. Out of fear of destruction and ruin, people would seek his protection; he would become their shield, saving them from the storms of calamities and tribulations. After praising himself so much, he proposed the appointment of two caliphs, which was completely wrong and extremely harmful for Islam. It should be considered divine support that immediately all those present, both Ansar and Muhajirun, unanimously agreed upon as-Siddiq al-Akbar radi Allahu anhu, thereby saving the Muslims from division.
Sa’d ibn ‘Ubadah radi Allahu anhu did not pledge allegiance to as-Siddiq al-Akbar radi Allahu anhu, and, upset, he went to the land of Sham, where he suddenly passed away.
The issue of selecting a caliph was given precedence over the funeral and burial arrangements. From that time, it generally became customary that when a caliph or king dies, his successor is first chosen, and only then are the funeral and burial arrangements made.
The hadith also incidentally mentions the stoning (rajm) of a falsely accused adulteress. This is what corresponds to the chapter.
There are many points worthy of consideration in this lengthy hadith.
Who was the person who mentioned pledging allegiance to another after the passing of Umar radi Allahu anhu? According to Al-Baladhuri’s Ansab, it is understood that this person was Zubair radi Allahu anhu. He had said that after the passing of Umar radi Allahu anhu, they would pledge allegiance to Ali radi Allahu anhu. This is the correct view. This is also the conclusion reached by the late Maulana Waheeduz-Zaman.
When Umar radi Allahu anhu returned to Madinah and delivered his sermon, he also mentioned his own death; this was a karamah (miraculous sign) of his. He had come to know that death was now near. After this sermon, before the month of Dhu al-Hijjah had even ended, Abu Lu’lu’ the Magian martyred him.
In some narrations, it is stated that Umar radi Allahu anhu said, “I saw a dream, and I think my death has arrived.” He saw that a rooster was pecking at him. In Mina, in response to the one who spoke, he elaborated in his sermon and said, “See, let no one become Imam without consultation, otherwise his life will be in danger.” By this, Umar radi Allahu anhu meant that the matter of caliphate and allegiance should always be decided thoughtfully and with the consultation of the Muslims. And if anyone cites the example of Abu Bakr as-Siddiq radi Allahu anhu, that his allegiance was pledged suddenly and yet no harm resulted from it, then this is foolishness. Because it was a coincidental matter that Abu Bakr radi Allahu anhu was the most virtuous of the Ummah and worthy of the caliphate. By coincidence, allegiance was pledged to him; it cannot always happen this way.
Subhan Allah. The statement of Umar radi Allahu anhu is absolutely correct. The outcome of those who become Imam without consultation is often just like this.
In these circumstances, the thoughts that Umar radi Allahu anhu expressed about himself and about as-Siddiq al-Akbar radi Allahu anhu meant that until his dying breath, he remained firm on the belief that he could not be preferred over Abu Bakr as-Siddiq radi Allahu anhu, and that as long as Abu Bakr radi Allahu anhu was present among the people, he could not be their leader. Until now, he was firm on this conviction, but if in the future Satan or his own self were to mislead him and put another thought in his heart, that would be another matter.
Bravo, a hundred times bravo! Upon the humility, modesty, and understanding of reality of Umar radi Allahu anhu, that in every matter he considered Abu Bakr radi Allahu anhu to be above and superior to himself. Radi Allahu anhum ajma’in.
What the Ansari orator said was, in fact, an expression of his own thoughts: that he considered himself to be very wise, intelligent, and the reference point of the nation; people would turn to him in every dispute and case, and he would give such excellent advice that no one else could think of. It was as if the itch of disputes and quarrels would come to him, and by taking his advice, they would be resolved. Out of fear of destruction and ruin, people would seek his protection; he would become their shield, saving them from the storms of calamities and tribulations. After praising himself so much, he proposed the appointment of two caliphs, which was completely wrong and extremely harmful for Islam. It should be considered divine support that immediately all those present, both Ansar and Muhajirun, unanimously agreed upon as-Siddiq al-Akbar radi Allahu anhu, thereby saving the Muslims from division.
Sa’d ibn ‘Ubadah radi Allahu anhu did not pledge allegiance to as-Siddiq al-Akbar radi Allahu anhu, and, upset, he went to the land of Sham, where he suddenly passed away.
The issue of selecting a caliph was given precedence over the funeral and burial arrangements. From that time, it generally became customary that when a caliph or king dies, his successor is first chosen, and only then are the funeral and burial arrangements made.
The hadith also incidentally mentions the stoning (rajm) of a falsely accused adulteress. This is what corresponds to the chapter.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6830
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
From this lengthy hadith, the purpose of Imam Bukhari rahimahullah is the following statement of Umar radi Allahu anhu:
“Indeed, the ruling of stoning (rajm) is established in the Book of Allah for every person who commits adultery after being married, provided that testimony is established against them, whether male or female, or if a woman is found to be pregnant illegitimately, or if she herself confesses.”
From this, Imam Bukhari rahimahullah has established that a woman who becomes pregnant from adultery will be stoned, provided she is married, but it is necessary that she delivers her child first.
Ibn Battal said that the meaning of the chapter heading is as follows:
“Is there stoning for a pregnant woman due to adultery or not? There is consensus that she will not be stoned until she delivers the child.
Similarly, if she is liable to the punishment of lashes due to adultery, the birth of the child will be awaited. Likewise, if she is liable to retribution (qisas) due to unlawful killing, retribution will be carried out after the child is born. Thus, when Umar radi Allahu anhu intended to stone a pregnant woman, Mu’adh ibn Jabal radi Allahu anhu said:
You cannot stone her until she gives birth to the child in her womb.”
(Fath al-Bari: 12/179)
(2)
If an unmarried woman becomes pregnant, there is a difference of opinion regarding her.
Imam Malik rahimahullah says:
If she claims that she was forced into adultery or that she was married, her statement will not be accepted; rather, the prescribed punishment (hadd) will be carried out upon her. However, if she presents witnesses for her claim, the hadd is dropped.
Imam Shafi’i rahimahullah and the scholars of Kufa say that such a woman will not be subjected to the hadd unless she herself confesses or witnesses are established against her.
(‘Umdat al-Qari: 16/102)
(3)
Umar radi Allahu anhu mentioned the verse of stoning first in his address because its ruling remains, but due to the abrogation of its recitation, there was a fear of its denial. Indeed, this fear materialized when a group of the Khawarij denied it, and similarly, the Mu’tazilah did not accept it either.
The Mu’tazilah and Khawarij of the present era also do not accept it; rather, they mock it.
They say: If this verse was present in the Qur’an, then where did it go? Whereas Allah ta’ala abrogated its recitation, as stated in the verse:
“We will make you recite, so you will not forget, except what Allah wills.” ( al-A‘la 87:6-7)
It is also said: If its recitation is abrogated, how does its ruling remain? The answer is that the means of retaining this ruling is not the abrogated verse, but three other reasons:
* The ruling in the Torah was retained in the Shari’ah of Muhammad sallallahu alayhi wa sallam, as is established from the incident of stoning the People of the Book.
* The mass-transmitted (mutawatir) hadiths in which the stoning of a married adulterer, male or female, is commanded.
* The incidents that serve as a means of retaining this ruling, in which it is explicitly stated that the Messenger of Allah sallallahu alayhi wa sallam and his noble Companions radi Allahu anhum upheld this punishment.
It is mentioned in the hadith that when Zayd ibn Thabit and Sa‘id ibn al-‘As radi Allahu anhuma were writing the manuscripts (masahif), this verse came before them.
Zayd radi Allahu anhu said:
I heard the Messenger of Allah sallallahu alayhi wa sallam reciting:
(al-shaykhu wal-shaykhatu idha zanaya farjumuhuma al-battata nakalan min Allah wallahu azizun hakim)
Umar radi Allahu anhu said:
When this verse was revealed, I came to the Messenger of Allah sallallahu alayhi wa sallam and mentioned writing it down, but he disliked that and said:
“O Umar! Do you not know that if an old man commits adultery and has not married, he is lashed, and if a young man is married and commits adultery, he is stoned?” (al-Mustadrak lil-Hakim: 4/436)
From this hadith, it is understood why only its recitation was abrogated, i.e., the practice is contrary to the apparent generality of the verse.
The generality demands that every type of old adulterer, male or female, be stoned, whereas the condition is being married, whether old or young.
And Allah knows best. (Fath al-Bari: 12/176)
There are many other points in this lengthy hadith worthy of consideration, which we have already mentioned previously.
We have presented our observations regarding the part relevant to the chapter heading.
And Allah is the One whose help is sought.
(1)
From this lengthy hadith, the purpose of Imam Bukhari rahimahullah is the following statement of Umar radi Allahu anhu:
“Indeed, the ruling of stoning (rajm) is established in the Book of Allah for every person who commits adultery after being married, provided that testimony is established against them, whether male or female, or if a woman is found to be pregnant illegitimately, or if she herself confesses.”
From this, Imam Bukhari rahimahullah has established that a woman who becomes pregnant from adultery will be stoned, provided she is married, but it is necessary that she delivers her child first.
Ibn Battal said that the meaning of the chapter heading is as follows:
“Is there stoning for a pregnant woman due to adultery or not? There is consensus that she will not be stoned until she delivers the child.
Similarly, if she is liable to the punishment of lashes due to adultery, the birth of the child will be awaited. Likewise, if she is liable to retribution (qisas) due to unlawful killing, retribution will be carried out after the child is born. Thus, when Umar radi Allahu anhu intended to stone a pregnant woman, Mu’adh ibn Jabal radi Allahu anhu said:
You cannot stone her until she gives birth to the child in her womb.”
(Fath al-Bari: 12/179)
(2)
If an unmarried woman becomes pregnant, there is a difference of opinion regarding her.
Imam Malik rahimahullah says:
If she claims that she was forced into adultery or that she was married, her statement will not be accepted; rather, the prescribed punishment (hadd) will be carried out upon her. However, if she presents witnesses for her claim, the hadd is dropped.
Imam Shafi’i rahimahullah and the scholars of Kufa say that such a woman will not be subjected to the hadd unless she herself confesses or witnesses are established against her.
(‘Umdat al-Qari: 16/102)
(3)
Umar radi Allahu anhu mentioned the verse of stoning first in his address because its ruling remains, but due to the abrogation of its recitation, there was a fear of its denial. Indeed, this fear materialized when a group of the Khawarij denied it, and similarly, the Mu’tazilah did not accept it either.
The Mu’tazilah and Khawarij of the present era also do not accept it; rather, they mock it.
They say: If this verse was present in the Qur’an, then where did it go? Whereas Allah ta’ala abrogated its recitation, as stated in the verse:
“We will make you recite, so you will not forget, except what Allah wills.” ( al-A‘la 87:6-7)
It is also said: If its recitation is abrogated, how does its ruling remain? The answer is that the means of retaining this ruling is not the abrogated verse, but three other reasons:
* The ruling in the Torah was retained in the Shari’ah of Muhammad sallallahu alayhi wa sallam, as is established from the incident of stoning the People of the Book.
* The mass-transmitted (mutawatir) hadiths in which the stoning of a married adulterer, male or female, is commanded.
* The incidents that serve as a means of retaining this ruling, in which it is explicitly stated that the Messenger of Allah sallallahu alayhi wa sallam and his noble Companions radi Allahu anhum upheld this punishment.
It is mentioned in the hadith that when Zayd ibn Thabit and Sa‘id ibn al-‘As radi Allahu anhuma were writing the manuscripts (masahif), this verse came before them.
Zayd radi Allahu anhu said:
I heard the Messenger of Allah sallallahu alayhi wa sallam reciting:
(al-shaykhu wal-shaykhatu idha zanaya farjumuhuma al-battata nakalan min Allah wallahu azizun hakim)
Umar radi Allahu anhu said:
When this verse was revealed, I came to the Messenger of Allah sallallahu alayhi wa sallam and mentioned writing it down, but he disliked that and said:
“O Umar! Do you not know that if an old man commits adultery and has not married, he is lashed, and if a young man is married and commits adultery, he is stoned?” (al-Mustadrak lil-Hakim: 4/436)
From this hadith, it is understood why only its recitation was abrogated, i.e., the practice is contrary to the apparent generality of the verse.
The generality demands that every type of old adulterer, male or female, be stoned, whereas the condition is being married, whether old or young.
And Allah knows best. (Fath al-Bari: 12/176)
There are many other points in this lengthy hadith worthy of consideration, which we have already mentioned previously.
We have presented our observations regarding the part relevant to the chapter heading.
And Allah is the One whose help is sought.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6830
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
The recitation of the verse of stoning (ayat al-rajm) has been abrogated, but its ruling remains in effect until the Day of Judgment.
1:
The recitation of the verse of stoning (ayat al-rajm) has been abrogated, but its ruling remains in effect until the Day of Judgment.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1432
Shaykh Umar Farooq Saeedi
Benefits and Issues:
It is mentioned in Nayl al-Awtar that in Musnad Ahmad and al-Tabarani al-Kabir, Abu Umamah bin Sahl narrates from his maternal aunt ‘Ajma’ that this was revealed in the Noble Qur’an: (al-shaykhu wa al-shaykhatu idha zanaya farjumuhuma al-battata bima qadiya min al-ladhdhati) — “The old man and the old woman, if they commit adultery, then stone them absolutely for the pleasure they have enjoyed.” Similarly, in Sahih Ibn Hibban, it is narrated from Ubayy bin Ka‘b radi Allahu anhu that Surah al-Ahzab was as long as Surah al-Baqarah, and in it was also the verse (al-shaykh wa al-shaykhah) (i.e., later a part of this surah was abrogated) (Nayl al-Awtar: 4/102). In short, according to the scholars of hadith, this ruling is established by both the Qur’an and the mutawatir Sunnah.
And this is one form of abrogation (naskh): that the ruling of the verse remains, but its recitation has been abrogated.
The second form is that the recitation remains, but the ruling has been abrogated, for example: (al-wasiyyatu lil-walidayni wa al-aqrabeen) (al-Baqarah: 180) — the bequest for parents and relatives in excess of their prescribed shares has been abrogated, even though its recitation remains.
And the third form is that both the ruling and the recitation have been abrogated.
For example, in the matter of breastfeeding (rada‘ah), previously, prohibition was established by ten sucklings. The verse was also recited, but both its wording and ruling have been abrogated: (ashru rada‘atin ma‘lumatin yuharrimna) — “Ten known sucklings make [marriage] unlawful.” Now, prohibition of breastfeeding is established by five sucklings. That is by the ruling of hadith, not the Qur’an.
(Kitab al-Faqih wa al-Mutafaqqih by Khatib al-Baghdadi)
It is mentioned in Nayl al-Awtar that in Musnad Ahmad and al-Tabarani al-Kabir, Abu Umamah bin Sahl narrates from his maternal aunt ‘Ajma’ that this was revealed in the Noble Qur’an: (al-shaykhu wa al-shaykhatu idha zanaya farjumuhuma al-battata bima qadiya min al-ladhdhati) — “The old man and the old woman, if they commit adultery, then stone them absolutely for the pleasure they have enjoyed.” Similarly, in Sahih Ibn Hibban, it is narrated from Ubayy bin Ka‘b radi Allahu anhu that Surah al-Ahzab was as long as Surah al-Baqarah, and in it was also the verse (al-shaykh wa al-shaykhah) (i.e., later a part of this surah was abrogated) (Nayl al-Awtar: 4/102). In short, according to the scholars of hadith, this ruling is established by both the Qur’an and the mutawatir Sunnah.
And this is one form of abrogation (naskh): that the ruling of the verse remains, but its recitation has been abrogated.
The second form is that the recitation remains, but the ruling has been abrogated, for example: (al-wasiyyatu lil-walidayni wa al-aqrabeen) (al-Baqarah: 180) — the bequest for parents and relatives in excess of their prescribed shares has been abrogated, even though its recitation remains.
And the third form is that both the ruling and the recitation have been abrogated.
For example, in the matter of breastfeeding (rada‘ah), previously, prohibition was established by ten sucklings. The verse was also recited, but both its wording and ruling have been abrogated: (ashru rada‘atin ma‘lumatin yuharrimna) — “Ten known sucklings make [marriage] unlawful.” Now, prohibition of breastfeeding is established by five sucklings. That is by the ruling of hadith, not the Qur’an.
(Kitab al-Faqih wa al-Mutafaqqih by Khatib al-Baghdadi)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4418
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه البخاري، الحدود، باب رجم الحبلٰي في الزني إذا أحصنت، حديث: 6830، ومسلم، الحدود، باب رجم الثيب في الزني، حديث:1691.»©Explanation:
➊ This hadith proves that the crime of adultery (zina) can be established in three ways:
• If there are testimonies of four sane, adult, Muslim men, then the crime of adultery will be established.
• Or if the adulterer himself confesses that he has committed adultery.
• Or if a woman is pregnant.
➋ If such a situation arises that a woman is neither married nor a slave-girl, yet she is pregnant, then apart from Umar radi Allahu anhu, Imam Malik rahimahullah and his students say that the prescribed punishment (hadd) for adultery will be enforced upon her. However, according to Imam Shafi’i rahimahullah and Imam Abu Hanifah rahimahullah, the hadd will not be enforced merely on account of pregnancy.
Imam Malik rahimahullah’s reasoning is that Umar radi Allahu anhu, while standing on the pulpit, delivered an address in which, along with testimony and the confession of the adulterer, he also considered the pregnancy of a woman as a valid proof for enforcing the hadd of adultery. And none of the noble Companions radi Allahu anhum present in the gathering objected to this, so it is as if this statement of Umar radi Allahu anhu is tantamount to consensus (ijma’).
«أخرجه البخاري، الحدود، باب رجم الحبلٰي في الزني إذا أحصنت، حديث: 6830، ومسلم، الحدود، باب رجم الثيب في الزني، حديث:1691.»©Explanation:
➊ This hadith proves that the crime of adultery (zina) can be established in three ways:
• If there are testimonies of four sane, adult, Muslim men, then the crime of adultery will be established.
• Or if the adulterer himself confesses that he has committed adultery.
• Or if a woman is pregnant.
➋ If such a situation arises that a woman is neither married nor a slave-girl, yet she is pregnant, then apart from Umar radi Allahu anhu, Imam Malik rahimahullah and his students say that the prescribed punishment (hadd) for adultery will be enforced upon her. However, according to Imam Shafi’i rahimahullah and Imam Abu Hanifah rahimahullah, the hadd will not be enforced merely on account of pregnancy.
Imam Malik rahimahullah’s reasoning is that Umar radi Allahu anhu, while standing on the pulpit, delivered an address in which, along with testimony and the confession of the adulterer, he also considered the pregnancy of a woman as a valid proof for enforcing the hadd of adultery. And none of the noble Companions radi Allahu anhum present in the gathering objected to this, so it is as if this statement of Umar radi Allahu anhu is tantamount to consensus (ijma’).
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1038
