صحيح البخاري
Bukhari
كتاب الأحكامThe Book of Al-Ahkam (Judgements)
بَابُ هَلْ يَجُوزُ لِلْحَاكِمِ أَنْ يَبْعَثَ رَجُلاً وَحْدَهُ لِلنَّظَرِ فِي الأُمُورِ:Chapter. Is ir permissible for a ruler to send one man only to manage certain affairs?
Hadith 7193
اُردوEn
حَدَّثَنَا آدَمُ ، حَدَّثَنَا ابْنُ أَبِي ذِئْبٍ ، حَدَّثَنَا الزُّهْرِيُّ ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ ، عَنْ أَبِي هُرَيْرَةَ ، وَزَيْدِ بْنِ خَالِدٍ الْجُهَنِيِّ ، قَالَا : " جَاءَ أَعْرَابِيٌّ ، فَقَالَ : يَا رَسُولَ اللَّهِ ، اقْضِ بَيْنَنَا بِكِتَابِ اللَّهِ ، فَقَامَ خَصْمُهُ ، فَقَالَ : صَدَقَ ، فَاقْضِ بَيْنَنَا بِكِتَابِ اللَّهِ ، فَقَالَ الْأَعْرَابِيُّ : إِنَّ ابْنِي كَانَ عَسِيفًا عَلَى هَذَا ، فَزَنَى بِامْرَأَتِهِ ، فَقَالُوا لِي : عَلَى ابْنِكَ الرَّجْمُ ، فَفَدَيْتُ ابْنِي مِنْهُ بِمِائَةٍ مِنَ الْغَنَمِ وَوَلِيدَةٍ ، ثُمَّ سَأَلْتُ أَهْلَ الْعِلْمِ ، فَقَالُوا : إِنَّمَا عَلَى ابْنِكَ جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ ، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : لَأَقْضِيَنَّ بَيْنَكُمَا بِكِتَابِ اللَّهِ ، أَمَّا الْوَلِيدَةُ وَالْغَنَمُ فَرَدٌّ عَلَيْكَ وَعَلَى ابْنِكَ جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ ، وَأَمَّا أَنْتَ يَا أُنَيْسُ لِرَجُلٍ فَاغْدُ عَلَى امْرَأَةِ هَذَا ، فَارْجُمْهَا " ، فَغَدَا عَلَيْهَا أُنَيْسٌ ، فَرَجَمَهَا .
Narrated Abu Huraira and Zaid bin Khalid Al-Juhani: A bedouin came and said, "O Allah's Apostle! Judge between us according to Allah's Book (Laws)." His opponent stood up and said, "He has said the truth, so judge between us according to Allah's Laws." The bedouin said, "My son was a laborer for this man and committed illegal sexual intercourse with his wife. The people said to me, 'Your son is to be stoned to death,' so I ransomed my son for one hundred sheep and a slave girl. Then I asked the religious learned men and they said to me, 'Your son has to receive one hundred lashes plus one year of exile.' " The Prophet said, "I shall judge between you according to Allah's Book (Laws)! As for the slave girl and the sheep, it shall be returned to you, and your son shall receive one-hundred lashes and be exiled for one year. O you, Unais!" The Prophet addressed some man, "Go in the morning to the wife of this man and stone her to death." So Unais went to her the next morning and stoned her to death.
Explanation & Benefits
Maulana Dawood Raz
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.
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.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 7193
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
Among the Arabs, it was customary that in criminal matters, they would not accept the testimony or statement 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 or inquire into any matter; it is not necessary for him to go himself.
And Allah knows best.
➊
Among the Arabs, it was customary that in criminal matters, they would not accept the testimony or statement 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 or inquire into any matter; it is not necessary for him to go himself.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 7193
