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سنن ابن ماجه
Ibn Majah
كتاب الحدودThe Chapters on Legal Punishments
بَابُ : الْمُسْتَكْرَهِChapter: One Who Is Coerced
Hadith 2598
اُردوEn
حَدَّثَنَا عَلِيُّ بْنُ مَيْمُونٍ الرَّقِّيُّ ، وَأَيُّوبُ بْنُ مُحَمَّدٍ الْوَزَّانُ ، وَعَبْدُ اللَّهِ بْنُ سَعِيدٍ ، قَالُوا : حَدَّثَنَا مُعَمَّرُ بْنُ سُلَيْمَانَ ، أَنْبَأَنَا الْحَجَّاجُ بْنُ أَرْطَاةَ ، عَنْ عَبْدِ الْجَبَّارِ بْنِ وَائِلٍ ، عَنْ أَبِيهِ ، قَالَ : " اسْتُكْرِهَتِ امْرَأَةٌ عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَدَرَأَ عَنْهَا الْحَدَّ وَأَقَامَهُ عَلَى الَّذِي أَصَابَهَا وَلَمْ يَذْكُرْ أَنَّهُ جَعَلَ لَهَا مَهْرًا " .
´It was narrated from 'Abdul Jabbar bin Wa'il that his father said:` “A Woman was coerced (i.e., raped) during the time of Messenger of Allah (ﷺ) He waived the legal punishment for her and carried it out on the one who had attacked her, but he (the narrator) did not say that he rules that she should be given a bridal-money.”
Related hadith on this topic
Brief Explanation
1؎ : On this, the majority of scholars agree that when someone is compelled to commit a crime for which there is a prescribed punishment (hadd), then the hadd will not be carried out upon the one who was compelled, but rather the hadd will be carried out upon the one who forced the other into immorality.
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
However, from other ahadith it is established that the Prophet sallallahu alayhi wa sallam did give something to this woman in exchange for intercourse.
Note:
(Neither "Hajjaj bin Arta'ah" heard from "Abdul Jabbar," nor did "Abdul Jabbar" hear from his father, meaning there is a break in the chain at two places. However, this issue is established from the next hadith.)
1:
However, from other ahadith it is established that the Prophet sallallahu alayhi wa sallam did give something to this woman in exchange for intercourse.
Note:
(Neither "Hajjaj bin Arta'ah" heard from "Abdul Jabbar," nor did "Abdul Jabbar" hear from his father, meaning there is a break in the chain at two places. However, this issue is established from the next hadith.)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1453
