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سنن ابن ماجه
Ibn Majah
كتاب الحدودThe Chapters on Legal Punishments
بَابُ : حَدِّ الزِّنَاChapter: The Legal Punishment For Adultery
Hadith 2550
اُردوEn
حَدَّثَنَا بَكْرُ بْنُ خَلَفٍ أَبُو بِشْرٍ ، حَدَّثَنَا يَحْيَى بْنُ سَعِيدٍ ، عَنْ سَعِيدِ بْنِ أَبِي عَرُوبَةَ ، عَنْ قَتَادَةَ ، عَنْ يُونُسَ بْنِ جُبَيْرٍ ، عَنْ حِطَّانَ بْنِ عَبْدِ اللَّهِ ، عَنْ عُبَادَةَ بْنِ الصَّامِتِ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " خُذُوا عَنِّي ، قَدْ جَعَلَ اللَّهُ لَهُنَّ سَبِيلًا ، الْبِكْرُ بِالْبِكْرِ جَلْدُ مِائَةٍ وَتَغْرِيبُ سَنَةٍ ، وَالثَّيِّبُ بِالثَّيِّبِ جَلْدُ مِائَةٍ وَالرَّجْمُ " .
´It was narrated from `Ubadah bin Samit that the Messenger of Allah (ﷺ) said:` “Learn from me. Allah (SWT) has ordained for them (women) another way. (If) a virgin (commits illegal sexual intercourse) with a virgin, (the punishment is) one hundred lashes and exile for one year. (If) a Thayyib (commits adultery) with a Thayyib (the punishment is) one hundred lashes and stoning.”
Related hadith on this topic
Brief Explanation
1؎: The punishment for a muhsan (married) adulterer and a muhsanah (married) adulteress is one hundred lashes, then the command for stoning (rajm) should be given. And if the lashes are not administered and only stoning is carried out, then that is also permissible, because the Prophet sallallahu alayhi wa sallam ordered Anis radi Allahu anhu to carry out the stoning of that woman, and did not instruct for lashes to be given. Similarly, the Prophet sallallahu alayhi wa sallam ordered the stoning of Ma'iz al-Aslami, the Ghamidiyyah (woman from the Ghamid tribe) radi Allahu anhuma, and the Jews, and did not have lashes administered to any of them. Likewise, the two Shaykhs (Abu Bakr and Umar radi Allahu anhuma) during their caliphates only carried out stoning and did not administer lashes. Some have said: the ruling of the hadith of Ubadah radi Allahu anhu is abrogated, but this is not correct, because it contains a reference to the verse of Surah al-Nisa, and Surah al-Nisa was revealed at the end (i.e., later). And the truth is that the Imam has discretion in this matter: whether he administers lashes and then stones, or suffices with stoning alone.
Explanation & Benefits
Maulana Ataullah Sajid
Commentary:
Benefits and Issues:
Prophetic Instruction:
“Allah has prescribed a way for them.”
This is a reference to the blessed verse in which this ruling was revealed:
﴿وَاللَّاتِي يَأْتِينَ الْفَاحِشَةَ مِن نِّسَائِكُمْ فَاسْتَشْهِدُوا عَلَيْهِنَّ أَرْبَعَةً مِّنكُمْ ۖ فَإِن شَهِدُوا فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّىٰ يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللَّـهُ لَهُنَّ سَبِيلًا﴾ Translation:
“Those among your women who commit indecency, call four witnesses from among yourselves against them; if they testify, then confine those women to their houses until death completes their term, or Allah makes for them another way.”
(2)
The Messenger of Allah (sallallahu alayhi wa sallam) prescribed for married adulterers only the punishment of stoning to death (rajm), and did not have them flogged.
As is stated in Hadith: 2549.
From this it is understood that the punishment of flogging is subsumed within the punishment of stoning.
(3)
The punishment for an unmarried person is one hundred lashes, and in addition, exile from the homeland for one year, so that by changing the environment, the urge to sin may be eliminated.
In the present era, the punishment of imprisonment can be considered as a substitute for exile, provided that the environment of the prison does not encourage criminal behavior.
Benefits and Issues:
Prophetic Instruction:
“Allah has prescribed a way for them.”
This is a reference to the blessed verse in which this ruling was revealed:
﴿وَاللَّاتِي يَأْتِينَ الْفَاحِشَةَ مِن نِّسَائِكُمْ فَاسْتَشْهِدُوا عَلَيْهِنَّ أَرْبَعَةً مِّنكُمْ ۖ فَإِن شَهِدُوا فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّىٰ يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللَّـهُ لَهُنَّ سَبِيلًا﴾ Translation:
“Those among your women who commit indecency, call four witnesses from among yourselves against them; if they testify, then confine those women to their houses until death completes their term, or Allah makes for them another way.”
(2)
The Messenger of Allah (sallallahu alayhi wa sallam) prescribed for married adulterers only the punishment of stoning to death (rajm), and did not have them flogged.
As is stated in Hadith: 2549.
From this it is understood that the punishment of flogging is subsumed within the punishment of stoning.
(3)
The punishment for an unmarried person is one hundred lashes, and in addition, exile from the homeland for one year, so that by changing the environment, the urge to sin may be eliminated.
In the present era, the punishment of imprisonment can be considered as a substitute for exile, provided that the environment of the prison does not encourage criminal behavior.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2550
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
Those who were commanded to be confined in their homes for the crime of adultery and were told to wait for Allah’s command, Allah has now provided a way out for such people. This is a reference to the verse: ﴿And those of your women who commit indecency, call to witness four among you against them; then if they bear witness, confine them to the houses until death takes them or Allah ordains for them another way﴾ (: al-Nisa: 15). (That is, from among your women who commit indecency, call for four witnesses from among yourselves; if they testify, then confine those women to their houses until death completes their lives, or Allah provides another way for them.) This was the temporary punishment for women at the beginning of Islam, before the punishment for adultery was specified.
2:
This is the view of the majority of scholars and the four Imams (a’immah arba‘ah) that the punishments of flogging and stoning cannot be combined. For, if several prescribed punishments (hudud) are combined with execution (qatl), then execution alone suffices and the remaining hudud are dropped. (And Allah knows best.)
1:
Those who were commanded to be confined in their homes for the crime of adultery and were told to wait for Allah’s command, Allah has now provided a way out for such people. This is a reference to the verse: ﴿And those of your women who commit indecency, call to witness four among you against them; then if they bear witness, confine them to the houses until death takes them or Allah ordains for them another way﴾ (: al-Nisa: 15). (That is, from among your women who commit indecency, call for four witnesses from among yourselves; if they testify, then confine those women to their houses until death completes their lives, or Allah provides another way for them.) This was the temporary punishment for women at the beginning of Islam, before the punishment for adultery was specified.
2:
This is the view of the majority of scholars and the four Imams (a’immah arba‘ah) that the punishments of flogging and stoning cannot be combined. For, if several prescribed punishments (hudud) are combined with execution (qatl), then execution alone suffices and the remaining hudud are dropped. (And Allah knows best.)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1434
