مختصر صحيح مسلم

Mukhtasar Muslim

Issues of Hudud (Legal Punishments)

Adulterer must confess four times; digging a pit for stoning; punishment for pregnant adulteress.

1 hadith

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Hadith 1039
Narrated from Sayyiduna Buraidah (may Allah be pleased with him) that Ma'iz bin Malik Aslami (may Allah be pleased with him) came to the Messenger of Allah (peace and blessings of Allah be upon him) and said, "O Messenger of Allah! I have wronged myself by committing adultery. I want you to purify me." The Prophet (peace and blessings of Allah be upon him) turned him away. Then, when the next day came, he came again and said, "O Messenger of Allah! I have committed adultery." The Prophet (peace and blessings of Allah be upon him) turned him away and sent someone to his people to inquire whether there was any defect in his mind or if they had noticed anything. They said, "We do not know of any defect, and as far as we understand, his mind is sound." Then, for the third time, Ma'iz (may Allah be pleased with him) came, so the Prophet (peace and blessings of Allah be upon him) again sent to his people (to inquire the same), and they said, "He has no illness, nor is there any defect in his mind." When he came for the fourth time (and said the same, 'I have committed adultery, purify me,' although purification could also be achieved through repentance, but Ma'iz (may Allah be pleased with him) doubted whether his repentance would be accepted), the Prophet (peace and blessings of Allah be upon him) had a pit dug for him, and then, by the order of the Prophet (peace and blessings of Allah be upon him), he was stoned. The narrator says (after this) a woman from the tribe of Ghamid came and said, "O Messenger of Allah! I have committed adultery, purify me." The Prophet (peace and blessings of Allah be upon him) turned her away. When the next day came, she said, "O Messenger of Allah! Why do you turn me away? Perhaps you wish to turn me away as you turned Ma'iz (may Allah be pleased with him) away. By Allah, I am pregnant (so what doubt can there be about adultery)?" The Prophet (peace and blessings of Allah be upon him) said, "Alright, if you do not turn away (and do not wish to be purified by repentance but rather by worldly punishment), then go and come back after you have given birth." When she gave birth, she brought the child wrapped in a cloth and said, "Here, the child has been born." The Prophet (peace and blessings of Allah be upon him) said, "Go and nurse him until he is weaned." (Imam Shafi'i, Ahmad, and Ishaq hold the view that a woman will not be stoned even after giving birth until arrangements for nursing are made, otherwise, wait until the child is weaned; while Imam Abu Hanifa and Malik are of the view that she should be stoned as soon as she gives birth.) When the child was weaned, she brought him, and in his hand was a piece of bread, and she said, "O Prophet of Allah (peace and blessings of Allah be upon him)! I have weaned him, and he has started eating food." The Prophet (peace and blessings of Allah be upon him) gave the child to a Muslim for upbringing. Then, by his order, a pit was dug up to her chest, and people were ordered to stone her. Sayyiduna Khalid bin Walid (may Allah be pleased with him) came with a stone and struck her head, so blood spurted onto the face of Sayyiduna Khalid (may Allah be pleased with him). Sayyiduna Khalid (may Allah be pleased with him) cursed her, and this cursing was heard by the Messenger of Allah (peace and blessings of Allah be upon him), so he said, "Beware, O Khalid (do not say such a thing)! By Him in Whose hand is my soul, she has repented such a repentance that if a tax collector (who oppresses people and is involved in violating the rights of others and troubles the poor) were to repent like this, his sin would also be forgiven (although in another hadith it is mentioned that such a person will not enter Paradise)." Then the Prophet (peace and blessings of Allah be upon him) ordered that the funeral prayer be offered for her, and she was buried.
Hadith Reference مختصر صحيح مسلم / 1039