Toggle above to switch between keyword search and direct hadith lookup
المطالب العالية بزوائد المسانيد الثمانية
Al-Matalib al-'Aliyah
كتاب الحدود
Book of Prescribed Punishments
بَابُ كيفية الإقرار بالزنا ومراجعة الوالي للمقر وترك المقر إِذَا رجع والترهيب مِنْ الزِّنَا وَفِيهِ ذِكْرِ وَلَدٌ الزِّنَا
Chapter: How adultery is confessed, the ruler questioning the one who confesses, leaving him if he retracts, warning against adultery, and mention of the child of adultery
Al-Matalib al-'Aliyah 1851 — How adultery is confessed, the ruler
اُردوEn
قَالَ إِسْحَاقُ : أَخْبَرَنَا جَرِيرٌ ، عَنْ مُسْلِمٍ الْأَعْوَرِ ، عَنْ حَبَّةَ بْنِ جُوَيْنٍ ، عَنْ عَلِيٍّ رَضِيَ اللهُ عَنْهُ قَالَ : إِنَّ امْرَأَةً أَتَتْهُ ، فَقَالَتْ : إِنِّي زَنَيْتُ . فَقَالَ : لَعَلَّكِ أُتِيتِ وَأَنْتِ نَائِمَةٌ فِي فِرَاشِكِ ، أَوْ أُكْرِهْتِ ؟ قَالَتْ : أُتِيتُ طَائِعَةً غَيْرَ مُكْرَهَةٍ . قَالَ : لَعَلَّكِ غُصِبْتِ عَلَى نَفْسِكِ ؟ قَالَتْ : مَا غَضِبْتُ ، فَحَبَسَهَا ، فَلَمَّا وَلَدَتْ وَشَبَّ ابْنُهَا جَلَدَهَا .
It is narrated from Sayyiduna Ali bin Abi Talib (may Allah be pleased with him) that a woman came to him and, confessing the offence, said that she had committed zina (fornication). He (may Allah be pleased with him), (seeking some room to spare her the hadd punishment,) asked, "Perhaps this happened to you while you were sleeping soundly in your bed, or perhaps you were forced into this act?" She replied that she had done it of her own will and that no compulsion had been used on her. He (may Allah be pleased with him) asked again, "Perhaps some force (assault) was used against your person?" She said that no compulsion had been used on her. So he (may Allah be pleased with him) detained her (until the birth of the child), and when she had given birth and the child had grown up somewhat, he (may Allah be pleased with him) had her flogged.
This narration makes clear the scholarly point that in matters of the hadd punishments it is recommended to try to avert the hadd on the basis of doubts, as he (may Allah be pleased with him) wished to give this woman a chance by offering her various excuses; it is also established that the hadd on a pregnant woman is to be deferred until she gives birth and the child's early nurturing is complete.
This narration makes clear the scholarly point that in matters of the hadd punishments it is recommended to try to avert the hadd on the basis of doubts, as he (may Allah be pleased with him) wished to give this woman a chance by offering her various excuses; it is also established that the hadd on a pregnant woman is to be deferred until she gives birth and the child's early nurturing is complete.
