سنن ابن ماجه
Ibn Majah
كتاب الحدودThe Chapters on Legal Punishments
بَابُ : الْكَبِيرِ وَالْمَرِيضِ يَجِبُ عَلَيْهِ الْحَدُّChapter: The Legal Punishment Must Be Carried Out On The Old And The Sick (When They Deserve It)
Hadith 2574
اُردوEn
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ ، حَدَّثَنَا عَبْدُ اللَّهِ بْنُ نُمَيْرٍ ، حَدَّثَنَا مُحَمَّدُ بْنُ إِسْحَاق ، عَنْ يَعْقُوبَ بْنِ عَبْدِ اللَّهِ بْنِ الْأَشَجِّ ، عَنْ أَبِي أُمَامَةَ بْنِ سَهْلِ بْنِ حُنَيْفٍ ، عَنْ سَعِيدِ بْنِ سَعْدِ بْنِ عُبَادَةَ ، قَالَ : " كَانَ بَيْنَ أَبْيَاتِنَا رَجُلٌ مُخْدَجٌ ضَعِيفٌ ، فَلَمْ يُرَعْ إِلَّا وَهُوَ عَلَى أَمَةٍ مِنْ إِمَاءِ الدَّارِ يَخْبُثُ بِهَا ، فَرَفَعَ شَأْنَهُ سَعْدُ بْنُ عُبَادَةَ إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ : " اجْلِدُوهُ ضَرْبَ مِائَةِ سَوْطٍ " ، قَالُوا : يَا نَبِيَّ اللَّهِ ، هُوَ أَضْعَفُ مِنْ ذَلِكَ لَوْ ضَرَبْنَاهُ مِائَةَ سَوْطٍ مَاتَ ، قَالَ : " فَخُذُوا لَهُ عِثْكَالًا فِيهِ مِائَةُ شِمْرَاخٍ فَاضْرِبُوهُ ضَرْبَةً وَاحِدَةً " .
´It was narrated that Sa'eed bin Sa'd bin `Ubadah said:` “There was a man living among our dwellings who had a physical defect, and to our astonishment he was seen with one of the slave women of the dwellings, committing illegal sex with her. Sa'd bin 'Ubadah referred his case to the Messenger of Allah (ﷺ), who said: 'Give him one hundred lashes.' They said: 'O Prophet (ﷺ) of Allah (ﷺ), he is too weak to bear that. If we give him one hundred lashes he will die.' He said: “Then take a branch with a hundred twigs and hit him once.”
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊ If the criminal's punishment is not death but only flogging, and there is a fear that flogging may cause his death, then the punishment can be lessened.
➋ This ruling applies to a very elderly person or a sick person for whom there is no hope of recovery.
➌ If the sick person is expected to recover, then his punishment should be postponed until he recovers.
➊ If the criminal's punishment is not death but only flogging, and there is a fear that flogging may cause his death, then the punishment can be lessened.
➋ This ruling applies to a very elderly person or a sick person for whom there is no hope of recovery.
➌ If the sick person is expected to recover, then his punishment should be postponed until he recovers.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2574
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه ابن ماجه، الحدود، باب الكبير والمريض يجب عليه الحد، حديث:2574، وأحمد:5 /222، والنسائي في الكبرٰي:4 /313، حديث:7309.»©Explanation:
From this hadith, it is understood that if an unmarried fornicator, due to a severe illness or by natural and inherent weakness, is so frail, weak, and feeble that there is a fear of death from the full implementation of the prescribed lashes, then in such a situation, leniency may be shown in the execution of the hadd (prescribed punishment). However, there will be no reduction or increase in the number (of lashes).
The majority of scholars are of the opinion that a branch with one hundred twigs should be used in such a way that every twig strikes the offender, while some say that striking once is sufficient and it is not necessary that every twig touches the offender.
With this, the punishment will be considered implemented.
The meaning is that the Islamic legal punishments are not meant to kill the offender, but rather to serve as a deterrent and to establish peace and order in society.
© Hadith Narrator:
«حضرت سعید بن سعد رضی اللہ عنہما » Sa‘id bin Sa‘d bin ‘Ubadah al-Ansari al-Sa‘idi.
He was a Companion (sahabi).
And according to one opinion, he was a Successor (tabi‘i).
He was trustworthy (thiqah), and very few hadiths are narrated from him.
During his caliphate, ‘Ali bin Abi Talib radi Allahu anhu appointed him as the governor of Yemen.
«أخرجه ابن ماجه، الحدود، باب الكبير والمريض يجب عليه الحد، حديث:2574، وأحمد:5 /222، والنسائي في الكبرٰي:4 /313، حديث:7309.»©Explanation:
From this hadith, it is understood that if an unmarried fornicator, due to a severe illness or by natural and inherent weakness, is so frail, weak, and feeble that there is a fear of death from the full implementation of the prescribed lashes, then in such a situation, leniency may be shown in the execution of the hadd (prescribed punishment). However, there will be no reduction or increase in the number (of lashes).
The majority of scholars are of the opinion that a branch with one hundred twigs should be used in such a way that every twig strikes the offender, while some say that striking once is sufficient and it is not necessary that every twig touches the offender.
With this, the punishment will be considered implemented.
The meaning is that the Islamic legal punishments are not meant to kill the offender, but rather to serve as a deterrent and to establish peace and order in society.
© Hadith Narrator:
«حضرت سعید بن سعد رضی اللہ عنہما » Sa‘id bin Sa‘d bin ‘Ubadah al-Ansari al-Sa‘idi.
He was a Companion (sahabi).
And according to one opinion, he was a Successor (tabi‘i).
He was trustworthy (thiqah), and very few hadiths are narrated from him.
During his caliphate, ‘Ali bin Abi Talib radi Allahu anhu appointed him as the governor of Yemen.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1043
