صحيح البخاري
Bukhari
كتاب المحاربينThe Book of Al-Maharbeen
بَابُ إِذَا رَمَى امْرَأَتَهُ أَوِ امْرَأَةَ غَيْرِهِ بِالزِّنَا عِنْدَ الْحَاكِمِ وَالنَّاسِ، هَلْ عَلَى الْحَاكِمِ أَنْ يَبْعَثَ إِلَيْهَا فَيَسْأَلَهَا عَمَّا رُمِيَتْ بِهِ:Chapter. If someone accuses his wife or another person’s wife of committing illegal sexual intercourse in the presence of the ruler and the people,should the ruler send for the lady and ask her about what she has been accused of?
Hadith 6842
اُردوEn
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يُوسُفَ ، أَخْبَرَنَا مَالِكٌ ، عَنْ ابْنِ شِهَابٍ ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ بْنِ عُتْبَةَ بْنِ مَسْعُودٍ ، عَنْ أَبِي هُرَيْرَةَ ، وَزَيْدِ بْنِ خَالِدٍ ، أنهما أخبراه ، " أن رجلين اختصما إلى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ أَحَدُهُمَا : اقْضِ بَيْنَنَا بِكِتَابِ اللَّهِ ، وَقَالَ الْآخَرُ : وَهُوَ أَفْقَهُهُمَا ، أَجَلْ يَا رَسُولَ اللَّهِ ، فَاقْضِ بَيْنَنَا بِكِتَابِ اللَّهِ ، وَأْذَنْ لِي أَنْ أَتَكَلَّمَ ، قَالَ : تَكَلَّمْ ، قَالَ : إِنَّ ابْنِي كَانَ عَسِيفًا عَلَى هَذَا ، قَالَ مَالِكٌ ، وَالْعَسِيفُ : الْأَجِيرُ فَزَنَى بِامْرَأَتِهِ ، فَأَخْبَرُونِي أَنَّ عَلَى ابْنِي الرَّجْمَ ، فَافْتَدَيْتُ مِنْهُ بِمِائَةِ شَاةٍ وَبِجَارِيَةٍ لِي ، ثُمَّ إِنِّي سَأَلْتُ أَهْلَ الْعِلْمِ فَأَخْبَرُونِي أَنَّ مَا عَلَى ابْنِي جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ ، وَإِنَّمَا الرَّجْمُ عَلَى امْرَأَتِهِ ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : أَمَا وَالَّذِي نَفْسِي بِيَدِهِ لَأَقْضِيَنَّ بَيْنَكُمَا بِكِتَابِ اللَّهِ ، أَمَّا غَنَمُكَ وَجَارِيَتُكَ فَرَدٌّ عَلَيْكَ ، وَجَلَدَ ابْنَهُ مِائَةً وَغَرَّبَهُ عَامًا ، وَأَمَرَ أُنَيْسًا الْأَسْلَمِيَّ أَنْ يَأْتِيَ امْرَأَةَ الْآخَرِ ، فَإِنِ اعْتَرَفَتْ فَارْجُمْهَا " فَاعْتَرَفَتْ فَرَجَمَهَا .
Narrated Abu Huraira and Zaid bin Khalid: Two men had a dispute in the presence of Allah's Apostle. One of them said, "Judge us according to Allah's Laws." The other who was more wise said, "Yes, Allah's Apostle, judge us according to Allah's Laws and allow me to speak (first)" The Prophet said to him, 'Speak " He said, "My son was a laborer for this man, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I have given one-hundred sheep and a slave girl as a ransom (expiation) for my son's sin. Then I asked the religious learned people (about It), and they told me that my son should he flogged one-hundred stripes and should be exiled for one year, and only the wife of this man should be stoned to death " Allah's Apostle said, "By Him in Whose Hand my soul is, I will judge you according to Allah's Laws: O man, as for your sheep and slave girl, they are to be returned to you." Then the Prophet had the man's son flogged one hundred stripes and exiled for one year, and ordered Unais Al-Aslami to go to the wife of the other man, and if she confessed, stone her to death. She confessed and was stoned to death.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary: The Prophet (sallallahu alayhi wa sallam) sent Anas to inquire about the condition of this woman. This is the point of relevance to the chapter.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6842
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
In this hadith, the mention is of accusing another man's wife of adultery, and the issue of accusing one's own wife is established in such a way that the woman's husband was also present at the time of the conversation. He did not deny the incident, as if he too was involved in this accusation.
(2)
In any case, if someone himself confesses to the crime, there is no harm in obtaining information from the second party. Thus, it is mentioned in the hadith that a man confessed to adultery with a woman, so the Prophet (sallallahu alayhi wa sallam) gave him the punishment of one hundred lashes. Then, when he asked the woman, she said:
He is lying.
She completely denied the confession of the crime.
The Messenger of Allah (sallallahu alayhi wa sallam) then gave that man the punishment of eighty lashes as the hadd (legal punishment) for false accusation (qadhf).
(Sunan Abi Dawud, Hudud, Hadith: 4467)
Similarly, when a woman confessed to adultery, the Messenger of Allah (sallallahu alayhi wa sallam) inquired, "Who committed adultery with you?" She replied that it was such-and-such disabled person who lives in the mansion of Sa'd (radi Allahu anhu).
He (sallallahu alayhi wa sallam) sent a man to him, and he was brought before the Messenger of Allah (sallallahu alayhi wa sallam).
He confessed, so the Prophet (sallallahu alayhi wa sallam), having mercy on his old age and disability, punished him with one hundred palm branches (light sticks).
(Sunan an-Nasa'i, Adab al-Qada', Hadith: 5414)
(1)
In this hadith, the mention is of accusing another man's wife of adultery, and the issue of accusing one's own wife is established in such a way that the woman's husband was also present at the time of the conversation. He did not deny the incident, as if he too was involved in this accusation.
(2)
In any case, if someone himself confesses to the crime, there is no harm in obtaining information from the second party. Thus, it is mentioned in the hadith that a man confessed to adultery with a woman, so the Prophet (sallallahu alayhi wa sallam) gave him the punishment of one hundred lashes. Then, when he asked the woman, she said:
He is lying.
She completely denied the confession of the crime.
The Messenger of Allah (sallallahu alayhi wa sallam) then gave that man the punishment of eighty lashes as the hadd (legal punishment) for false accusation (qadhf).
(Sunan Abi Dawud, Hudud, Hadith: 4467)
Similarly, when a woman confessed to adultery, the Messenger of Allah (sallallahu alayhi wa sallam) inquired, "Who committed adultery with you?" She replied that it was such-and-such disabled person who lives in the mansion of Sa'd (radi Allahu anhu).
He (sallallahu alayhi wa sallam) sent a man to him, and he was brought before the Messenger of Allah (sallallahu alayhi wa sallam).
He confessed, so the Prophet (sallallahu alayhi wa sallam), having mercy on his old age and disability, punished him with one hundred palm branches (light sticks).
(Sunan an-Nasa'i, Adab al-Qada', Hadith: 5414)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6842
