Bukhari

Hadith Commentary:
A similar chapter heading (34) has already passed before.
Ibn Battal has objected to this, stating that there is no need for this repetition, but there is some difference between them.
The requirement of the first heading is that the ruler (hakim) who gives the order for stoning (rajm), i.e., the one appointed (mamur), is absent from him; and the meaning of the second heading is that the one who is to be stoned is absent and far from the ruler.
Although the result of both is the same, there is certainly some difference.
(Fath al-Bari: 12/198)

Hadith Commentary:
(1)
There is brevity in this hadith because in other narrations it is mentioned that the Messenger of Allah sallallahu alayhi wa sallam sent Anis radi Allahu anhu and said:
“If that woman confesses to her crime, then stone her to death.” Thus, she confessed to her crime, and then she was stoned.
(Sahih al-Bukhari, Hudud, Hadith: 6827, 6828)
Anis radi Allahu anhu carried out the stoning in the absence of the Messenger of Allah sallallahu alayhi wa sallam.
(2)
The purpose of Imam al-Bukhari rahimahullah is to show that it is not necessary for the Imam to personally carry out the punishment or to be present at the time of the punishment; rather, if he commands someone and that person carries out the prescribed punishment (hadd) in the Imam’s absence, it is permissible.
And Allah knows best.

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.

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.

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 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 a certain disabled man who lived in the mansion of Sa’d radi Allahu anhu.
The Prophet sent a man to him, and he was brought before the Messenger of Allah sallallahu alayhi wa sallam.
He confessed, so the Prophet, out of compassion for his old age and disability, punished him with one hundred branches of a date palm stick.
(Sunan an-Nasa’i, Adab al-Qada’, Hadith: 5414)

Hadith Commentary:
1.
Apparently, from this hadith it seems that the Messenger of Allah (sallallahu alayhi wa sallam) addressed Abu Hurairah (radi Allahu anhu) and Zayd bin Khalid (radi Allahu anhu), whereas this is not the case. Rather, he addressed the father of a laborer and the one who had employed him. The laborer committed adultery with the wife of the owner, so his father reconciled with the owner by giving him one hundred sheep and a slave woman as compensation. When the case was brought before the Messenger of Allah (sallallahu alayhi wa sallam), he said:
“I will judge between you according to the Book of Allah: the sheep and the slave woman will be returned to you, and your son will receive one hundred lashes and will be exiled for one year.”
This is a lengthy hadith.
(Sahih al-Bukhari, al-Sulh, Hadith: 2695, 2696)
2.
By “the Book of Allah” is not meant only the Noble Qur’an, but rather both the Qur’an and the Sunnah. The intent of the chapter heading is also this: that the Sunnahs of the Messenger of Allah (sallallahu alayhi wa sallam) should be put into practice. In this hadith, the method of the Prophet (sallallahu alayhi wa sallam) has been described.

Hadith Commentary:
It is as if the wife made a settlement with her husband by giving him one hundred goats and a slave-girl.
The meaning derived from this chapter is that the Messenger of Allah (sallallahu alayhi wa sallam) said, “Your goats and slave-girl will be returned to you,” because this was an unlawful and un-Islamic settlement.
Ibn Daqiq al-‘Id (rahimahullah) said: From this hadith it is derived that it is obligatory to return whatever is taken in exchange for something unlawful; the one who takes it does not become its owner.
In the narration, “the people of knowledge” refers to those Companions (radi Allahu anhum) who used to give legal verdicts during the lifetime of the Messenger of Allah (sallallahu alayhi wa sallam),
such as the four Rightly Guided Caliphs, Mu‘adh ibn Jabal, Ubayy ibn Ka‘b, Zayd ibn Thabit, and ‘Abd al-Rahman ibn ‘Awf (radi Allahu anhum).
It is also understood from this that if an issue is unknown, it is necessary to investigate it from the people of knowledge, and this investigation should be in the light of the Qur’an and Sunnah, not by stumbling blindly in the darkness of mere imitation.
The verse: ﴿فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لَا تَعْلَمُونَ﴾ () (al-Nahl: 43)
has this very meaning.

Hadith Commentary:
(1)
The father of the boy who committed fornication made a settlement with the woman's husband by giving him one hundred sheep and a slave woman.
Since this settlement was unlawful and contrary to the Shariah, it was declared null and void, and the sheep and the slave woman were returned to him.
The laborer (worker) should have been subjected to the prescribed legal punishment (hadd) according to the Shariah, but this was not done.
In the view of the Shariah, this settlement was based on injustice, and therefore it was not implemented.
(2)
The person whom the Messenger of Allah (sallallahu alayhi wa sallam) sent to carry out the legal punishment (hadd) upon the woman was from the same tribe as the woman.
If someone else had been sent, perhaps the people of the tribe would not have accepted this decision.
(3)
It is also understood from this hadith that in matters of rulings and legal issues, it is necessary to consult the people of knowledge, and investigation should also be conducted in the light of the Book and the Sunnah.

Hadith Commentary:
He ransomed him by giving one hundred sheep and a slave girl on his behalf; the chapter heading is derived from here because he stipulated, in exchange for the prescribed punishment (hadd) for adultery, that he would give one hundred sheep and a slave girl on his behalf.
The Prophet (sallallahu alayhi wa sallam) declared this null and void and meaningless.
The hudud (prescribed punishments) are among the rights of Allah.
They cannot be averted by mutual reconciliation among the servants.
Whenever such a crime is established, the hadd will certainly be carried out.
However, in those punishments which are due to human rights, there can be possibilities of mutual reconciliation.
For the adulterous woman, it is necessary to have four witnesses who give eyewitness testimony, or for the man and woman themselves to confess.
It should also be remembered that the establishment of hudud is the responsibility of the Islamic Shari‘ah state,
where the implementation of Islamic laws is certain.
If any state, while claiming to be Islamic, does not establish the hudud of Allah, then it is a severe criminal in the sight of Allah.
The hadd for an unmarried adulterer is what is mentioned here.
For stoning (rajm), in the end, the order of the ruler (khalifah) of the time is necessary.

Hadith Commentary:
(1)
This hadith has also been narrated by Imam Bukhari rahimahullah in the Book of Reconciliation (Kitab al-Sulh).
There, the purpose was to show that any reconciliation which goes against the limits set by Allah (hudud Allah) is invalid.
At this point, Imam Bukhari rahimahullah wants to establish that every condition which aims to abolish the limits set by Allah (hudud Allah) is also invalid.
The Messenger of Allah sallallahu alayhi wa sallam has declared such a condition null and void because the hudud are the right of Allah, which cannot be abolished by mutual reconciliation among the servants. However, in those punishments which are due to human rights, mutual reconciliation is permissible, as has been mentioned earlier in the incident of Rabi‘ bint Nadr radi Allahu anha, when she broke the front tooth of a young woman, and by paying blood money (diyah), she was pardoned from retribution (qisas).
(2)
It should be noted that the implementation of hudud is the responsibility of the Islamic government; no individual can establish them on his own.

Hadith Commentary:
So the Prophet sallallahu alayhi wa sallam appointed Anis as his deputy and sent him, and the same ruling regarding her confession applied before Anis as would have applied if she had confessed before the Prophet sallallahu alayhi wa sallam himself. If Anis had been sent as a witness, then how could a confession be established on the testimony of a single person?
Hafiz said: Imam Bukhari radi Allahu anhu, by bringing this chapter, has alluded to the disagreement of Imam Muhammad.
His position is that a judge (qadi) cannot issue a ruling based on a person's confession unless he appoints two just men, who are present in the judge's assembly, as witnesses to the confession. When both of them testify to the confession, then the judge will issue a ruling based on their testimony.

Hadith Commentary:
➊
Among the Arabs, it was customary that in criminal matters, they would not accept the testimony of anyone outside their own tribe. In accordance with this custom, the Messenger of Allah (sallallahu alayhi wa sallam) selected Anas (radi Allahu anhu) because he was a respected member of the woman’s tribe, Aslam. Although the matter of adultery was discussed in the presence of the woman’s husband, the Messenger of Allah (sallallahu alayhi wa sallam) nevertheless sent a responsible individual to further investigate and assess the situation, instructing him that if she confessed to her crime, then she should be stoned. Thus, as a result of her confession, she was stoned.

➋
Imam Bukhari has established from this hadith that the ruler of the time may send any person to investigate and examine any matter; it is not necessary for him to go himself.

And Allah knows best.

Explanation:
1:
The task of this boy was not only to fulfill his master's work and needs, but with the master's permission, he also assisted in the work of his master's wife. Thus, the incident that occurred with him was due to this very reason. Therefore, it is prohibited for a non-mahram man to enter upon a woman in seclusion.

2:
Because he is unmarried.

3:
Because she is married.

4:
This refers to Anis ibn Dhihaak al-Aslami.

5:
Since the woman was married, she was killed by stoning, and the boy was not married, so for him the punishment of one year exile and one hundred lashes was prescribed.

Benefits and Issues:
➊ The judge has the right to begin hearing the case from either of the parties involved in the lawsuit.

➋ When a lower-ranking mufti has given a fatwa, there is nothing blameworthy in referring to a higher and more knowledgeable scholar, nor is it a fault to have given the initial fatwa.

➌ All the judgments and commands of the Messenger of Allah (sallallahu alayhi wa sallam), being interpretations of the Book of Allah, are themselves part of the Book of Allah, provided they are established by an authentic chain of narration.

➍ Any reconciliation or sale that is conducted on non-Shari'ah principles is nullified, and any compensation taken in this regard must also be returned.

➎ For an unmarried fornicator, the punishment is one hundred lashes and one year of exile.

➏ For a married fornicator, the punishment is only stoning (rajm), not lashes.

➐ Adultery does not cause separation between husband and wife.

➑ The deputy of a ruler or judge can carry out the implementation of hudud (prescribed punishments).
(Khattabi)

(1) The purpose of the chapter heading established by Imam al-Nasa’i rahimahullah is that if a matter concerning a woman can be resolved without bringing her to court or a council, then women should not be dragged into courts and councils unnecessarily. This is because the Messenger of Allah sallallahu alayhi wa sallam, instead of summoning the concerned woman to his presence, sent a man on his behalf to ascertain the reality from her, and then, upon her confession, the prescribed punishment for adultery was carried out upon her, i.e., she was stoned to death.

(2) From this blessed hadith, it is understood that in all matters, especially those related to hudud (prescribed punishments), one should refer to the decision of the Qur’an. And when a criminal or accused confesses to the crime, it becomes obligatory upon the ruler to establish the hadd (prescribed punishment) upon him. The authority given to the president of our country to abolish the death penalty is, according to the Shari‘ah, impermissible and unlawful.

(3) From this blessed hadith, it is understood that it is permissible to take an oath to demonstrate the firmness of a matter. It is also understood that even if one is not asked to swear an oath, one may still do so.

(4) This blessed hadith is clear evidence of the noble character and great forbearance of the Messenger of Allah sallallahu alayhi wa sallam. It is also evidence that it is recommended (mustahabb) for the claimant, the one seeking a fatwa (mustafti), and the seeker to seek permission before presenting their issue to the judge, religious scholar, or ruler. It is also understood that a ruling or decision based on conjecture and estimation will be nullified upon the arrival of definitive and certain proofs and evidences. Likewise, any reconciliation made contrary to the Shari‘ah will be rejected, and any wealth or property given in this regard will also be returned.

(5) In exchange for a hadd (prescribed punishment), ransom (financial compensation) is not acceptable in the Shari‘ah, nor can any prescribed punishment be dropped in exchange for financial compensation. There is consensus among the scholars on this, especially that the hadd will be established upon the one guilty of crimes such as adultery, theft, and drinking alcohol… And Allah knows best.

(6) “He ransomed (her)”—he thought that adultery with someone’s wife is a violation of the husband’s rights, so making the husband pleased would suffice. However, this is a violation of a matter of the Shari‘ah which concerns society as a whole; therefore, this crime will not be forgiven by the husband’s pardon. Rather, once the case comes to court, the punishment must necessarily be carried out.

(7) “He was flogged”—because he himself confessed. The crime had been established. According to Imam Malik rahimahullah, instead of exile, imprisonment can also be imposed, and this is correct, because the objective is achieved: that he remains outside his home and does not go near the place of the incident. According to the Hanafis, exile is not part of the punishment, so it is not necessary. However, in light of the explicit hadith, this position is questionable.

Commentary:
Benefits and Issues:

➊
By "Book of Allah" is meant both the Noble Qur'an and the noble Hadith, because both are from Allah. Therefore, we have translated "Book of Allah" as "Allah's Law."

➋
In cases of murder and the like, reconciliation between the two parties is permissible, whether the reconciliation is on the condition of giving a gift or simply by granting pardon.
However, the case of adultery is not subject to reconciliation.

➌
The punishment for an unmarried adulterer is one hundred lashes and one year of exile (jilawatani).

➍
The punishment for a married adulterer is rajm, that is, stoning to death.

➎
The crime of adultery is established not only by the testimony of eye-witnesses, but also by confession of the crime.

Hadith Authentication:
[وأخرجه البخاري 6633, 6634، من حديث ما لك به ورواه مسلم 1697/25, 1698 من حديث الزهري به]

Jurisprudential Explanation:
➊ The punishment for a married adulterer is stoning (rajm). Also see: [الموطأ ح : 41، البخاري 6749، ومسلم 1457]
➋ The explicit mention of stoning (rajm) is not found in the Noble Qur’an; however, from the statement of the Noble Prophet sallallahu alayhi wa sallam, “I will judge between you both according to the Book of Allah,” it is understood that the hadith is also the Book of Allah. Therefore, whoever denies rajm is, in effect, denying the Book of Allah.
➌ All disputes should be decided according to the hadith of the Messenger of Allah sallallahu alayhi wa sallam. Imam Sufyan ibn ‘Uyaynah al-Makki rahimahullah used to say:
«إن رسول الله صلَّى اللهُ عَليهِ وسَلمَ هو الميزان الأكبر، فعليه تعرض الأشياء، على خلقه وسيرته وهديه فما وافقها فهو الحق وما خالفها فهو الباطل»
“Indeed, the Messenger of Allah sallallahu alayhi wa sallam is the greatest scale (criterion). Thus, everything should be presented before him—upon his character, his biography, and his way. Whatever conforms to that is the truth, and whatever opposes it is falsehood.” [الجامع لاخلاق الراوي و آداب السامع للخطيب 79/1 ح 8 وسنده حسن]
➍ In addition to flogging, an unmarried adulterer may also be exiled for one year. Both Sayyiduna Abu Bakr as-Siddiq radi Allahu anhu and Sayyiduna ‘Umar radi Allahu anhu flogged and exiled (unmarried) adulterers. See: [السنن الكبريٰ للبيهقي 223/8 وسنده صحيح، والجامع للترمذي 1438، وقال : ”غريب“ وسنده صحيح]
Sayyiduna ‘Ali radi Allahu anhu exiled an adulterer. [سنن الكبريٰ للبيهقي 223/8 وسنده صحيح]
Sayyiduna Ubayy ibn Ka‘b radi Allahu anhu said:
«البكران يجلدان وينفيان و الثيبان يرجمان»
“Unmarried adulterers are flogged and exiled, and married adulterers are stoned.” [اسنن الكبريٰ للبيهقي 223/8 وسنده صحيح]
➎ Hafiz Ibn ‘Abd al-Barr rahimahullah used to say:
«وأما أهل البدع فأكثرهم ينكر الرجم ويدفعه ولا يقول به فى شي من الزناة ثيباً ولا غير ثيب»
“The majority of the people of innovation (ahl al-bid‘ah) deny rajm and do not accept it. These people (the innovators) do not affirm stoning for any type of adulterer, whether married or unmarried.” [التمهيد 83/9]
◄ It is thus understood that denying the punishment of stoning (rajm) for a married adulterer is an innovation (bid‘ah).
➏ Some scholars, due to fear of tribulation, are against exiling a woman who has committed adultery. See: [التمهيد 883/9]
➐ For the implementation of the prescribed punishment (hadd), it is not necessary for the perpetrator of adultery to confess four times; even a single confession is sufficient.
➑ A solitary report (khabar wahid) is authoritative.
➒ The judge’s decision is enforceable in legal rulings.
➓ Any decision contrary to the Book and the Sunnah is invalid and rejected.

Benefit:
By "Book of Allah" is meant both the Noble Qur’an and the Noble Hadith, for both are from Allah Ta’ala; therefore, we have translated "Book of Allah" as "Allah’s Law." In cases of murder and the like, reconciliation between the parties is permissible—whether reconciliation is on the condition of paying blood money (diyah) or if forgiveness is granted without any condition. However, the case of "zina" (fornication/adultery) is not open to reconciliation. The punishment for an unmarried fornicator (zani) is one hundred lashes and one year of exile. The punishment for a married fornicator is rajm, that is, stoning to death. The crime of zina is established either by the testimony of eyewitnesses or by the confession of the perpetrator.