Hadith 1040
اُردوEn
وعن علي رضي الله عنه قال : قال رسول الله صلى الله عليه وآله وسلم : « أقيموا الحدود على ما ملكت أيمانكم ». رواه أبو داود وهو في مسلم موقوف.
'Ali (RAA) narrated that the Messenger of Allah (ﷺ) said: "Inflict the prescribed punishment to those whom you possess (i.e. your slaves)." Related by Abu Dawud. And it is related by Muslim (but only traced to the Companion).
Related hadith on this topic
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، الحدود، باب في إقامة الحدعلي المريض، حديث:4473، وحديث مسلم، الحدود، حديث:1705، والترمذي، الحدود، حديث:1441 وغيرهما يغني عنه.»©
Explanation:
➊ The aforementioned narration has been declared weak in its chain of transmission by our esteemed researcher, and he has further written that the narrations of Sahih Muslim and Jami‘ al-Tirmidhi suffice in this regard, from which it is understood that the aforementioned narration is also considered actionable by our esteemed researcher.
In addition, other scholars have also classified it as hasan li ghayrihi (good due to supporting evidence).
Therefore, despite the aforementioned narration being weak in its chain, it is actionable due to other supporting evidences.
And Allah knows best.
For further details, see: (al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 2/138)
➋ From this hadith and the previous hadith, it is understood that the master can enforce the hadd (prescribed punishment) upon his female or male slave, and in comparison to a free person, half the punishment will be enforced upon them, as Allah, the Exalted and Most High, has said:
﴿ فَعَلَیْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ ﴾
“Upon them is half the punishment that is upon chaste free women.”
If the slave woman is married, there is a difference of opinion regarding whether the hadd will be enforced by the government or the master.
The majority say that even in this case, the master will enforce the hadd.
Imam Malik rahimahullah is of the opinion that the master is not authorized to enforce the hadd upon a married slave woman, because in this case she is not only the master’s slave but also someone else’s wife; however, if the slave woman’s husband is also a slave of the same master, then the master may enforce the hadd upon her.
➌ The means of establishing the crime of adultery (zina) for a slave woman are the same as for a free woman; however, some scholars are also of the opinion that if there is neither testimony nor confession regarding the slave woman’s adultery, but the master is certain and confident that the slave woman has committed adultery, then the master may enforce the hadd solely on the basis of his certainty and confidence.
«أخرجه أبوداود، الحدود، باب في إقامة الحدعلي المريض، حديث:4473، وحديث مسلم، الحدود، حديث:1705، والترمذي، الحدود، حديث:1441 وغيرهما يغني عنه.»©
Explanation:
➊ The aforementioned narration has been declared weak in its chain of transmission by our esteemed researcher, and he has further written that the narrations of Sahih Muslim and Jami‘ al-Tirmidhi suffice in this regard, from which it is understood that the aforementioned narration is also considered actionable by our esteemed researcher.
In addition, other scholars have also classified it as hasan li ghayrihi (good due to supporting evidence).
Therefore, despite the aforementioned narration being weak in its chain, it is actionable due to other supporting evidences.
And Allah knows best.
For further details, see: (al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 2/138)
➋ From this hadith and the previous hadith, it is understood that the master can enforce the hadd (prescribed punishment) upon his female or male slave, and in comparison to a free person, half the punishment will be enforced upon them, as Allah, the Exalted and Most High, has said:
﴿ فَعَلَیْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ ﴾
“Upon them is half the punishment that is upon chaste free women.”
If the slave woman is married, there is a difference of opinion regarding whether the hadd will be enforced by the government or the master.
The majority say that even in this case, the master will enforce the hadd.
Imam Malik rahimahullah is of the opinion that the master is not authorized to enforce the hadd upon a married slave woman, because in this case she is not only the master’s slave but also someone else’s wife; however, if the slave woman’s husband is also a slave of the same master, then the master may enforce the hadd upon her.
➌ The means of establishing the crime of adultery (zina) for a slave woman are the same as for a free woman; however, some scholars are also of the opinion that if there is neither testimony nor confession regarding the slave woman’s adultery, but the master is certain and confident that the slave woman has committed adultery, then the master may enforce the hadd solely on the basis of his certainty and confidence.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1040
Shaykh Umar Farooq Saeedi
Benefits and Issues:
A woman who becomes pregnant through adultery should have the prescribed punishment (hadd) carried out on her after she has given birth.
A woman who becomes pregnant through adultery should have the prescribed punishment (hadd) carried out on her after she has given birth.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4473
