صحيح البخاري
Bukhari
كتاب المحاربينThe Book of Al-Maharbeen
بَابُ الْبِكْرَانِ يُجْلَدَانِ وَيُنْفَيَانِ:Chapter. Unmarried males and females (committing illegal sexual intercourse) should be flogged and exiled.
Hadith 6833
اُردوEn
حَدَّثَنَا يَحْيَى بْنُ بُكَيْرٍ ، حَدَّثَنَا اللَّيْثُ ، عَنْ عُقَيْلٍ ، عَنْ ابْنِ شِهَابٍ ، عَنْ سَعِيدِ بْنِ الْمُسَيِّبِ ، عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ " أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : قَضَى فِيمَنْ زَنَى وَلَمْ يُحْصَنْ ، بِنَفْيِ عَامٍ ، بِإِقَامَةِ الْحَدِّ عَلَيْهِ " .
Narrated Abu Huraira: Allah's Apostle judged that the unmarried person who was guilty of illegal sexual intercourse be exiled for one year and receive the legal punishment (i.e., be flogged with one-hundred stripes) .
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
From these ahadith, it is understood that when an unmarried man and an unmarried woman commit fornication (zina), their punishment is one hundred lashes and one year of exile.
However, some people do not accept the punishment of exile.
They say that in the Qur’an, only one hundred lashes are mentioned.
Imam Bukhari rahimahullah says that the very person through whom the Qur’an reached us also prescribed the punishment of exile for the fornicator.
Hadith, like the Qur’an, is also obligatory to act upon.
(2)
By exile is not meant banishment from the country, but rather sending the person to such a distance that, in the terminology of the Shari‘ah, it can be called a journey (safar). The purpose of this exile is that, at the very least, the way for the union of the fornicating couple in the future should be blocked, and all possible means for it should be eliminated. This purpose can also be fulfilled by imprisoning them, and if there is no such danger present, the judge (qadi) can temporarily suspend the punishment of exile. However, the punishment of one hundred lashes will, in any case, remain in effect. In other words, one hundred lashes are the prescribed limit (hadd) set by Allah Ta‘ala, which must be enforced under all circumstances.
And Allah knows best.
(3)
It should be noted that the whip should not be so harsh that, after one hundred lashes, the skin is torn and the flesh becomes exposed, nor should it be so soft that the criminal does not even consider it a punishment.
Similarly, the executioner should also act with moderation: he should not strike so forcefully as if taking revenge, nor should he run from behind and lash with full force, nor should the lashes be so gentle that the criminal does not feel any pain. Furthermore, while administering the lashes, the face and the private parts must be avoided.
If the criminal is weak, the punishment of lashes can also be given in intervals, and if the person is extremely weak, then a broom with one hundred twigs can be struck once to fulfill the punishment. Also, if the woman is pregnant, in postnatal bleeding (nifas), or breastfeeding a child, the punishment can be postponed until she is free from these conditions.
(1)
From these ahadith, it is understood that when an unmarried man and an unmarried woman commit fornication (zina), their punishment is one hundred lashes and one year of exile.
However, some people do not accept the punishment of exile.
They say that in the Qur’an, only one hundred lashes are mentioned.
Imam Bukhari rahimahullah says that the very person through whom the Qur’an reached us also prescribed the punishment of exile for the fornicator.
Hadith, like the Qur’an, is also obligatory to act upon.
(2)
By exile is not meant banishment from the country, but rather sending the person to such a distance that, in the terminology of the Shari‘ah, it can be called a journey (safar). The purpose of this exile is that, at the very least, the way for the union of the fornicating couple in the future should be blocked, and all possible means for it should be eliminated. This purpose can also be fulfilled by imprisoning them, and if there is no such danger present, the judge (qadi) can temporarily suspend the punishment of exile. However, the punishment of one hundred lashes will, in any case, remain in effect. In other words, one hundred lashes are the prescribed limit (hadd) set by Allah Ta‘ala, which must be enforced under all circumstances.
And Allah knows best.
(3)
It should be noted that the whip should not be so harsh that, after one hundred lashes, the skin is torn and the flesh becomes exposed, nor should it be so soft that the criminal does not even consider it a punishment.
Similarly, the executioner should also act with moderation: he should not strike so forcefully as if taking revenge, nor should he run from behind and lash with full force, nor should the lashes be so gentle that the criminal does not feel any pain. Furthermore, while administering the lashes, the face and the private parts must be avoided.
If the criminal is weak, the punishment of lashes can also be given in intervals, and if the person is extremely weak, then a broom with one hundred twigs can be struck once to fulfill the punishment. Also, if the woman is pregnant, in postnatal bleeding (nifas), or breastfeeding a child, the punishment can be postponed until she is free from these conditions.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6833
