Averting hadd punishments on account of doubts

Ibrahim said that Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) said: "That I should suspend the prescribed punishments because of doubts and suspicions is dearer to me than that I should carry out these punishments in cases of doubt."

Shu'ayb said that Sayyiduna Mu'adh, Sayyiduna Ibn Mas'ud and Sayyiduna Uqbah bin Amir (may Allah be pleased with them) all said: "When the prescribed punishment becomes doubtful to you, set it aside."

Tariq bin Shihab said that a woman committed adultery. At this Sayyiduna Umar (may Allah be pleased with him) said: "I think that she was praying at night and was overcome with humility, so she bowed and then went into prostration. Meanwhile one of the misguided men must have come and must have got on top of her." Sayyiduna Umar sent a messenger to that woman, and she said the same thing that Sayyiduna Umar had stated. He let her go.

Ibrahim said: They used to say: "Avert the punishments from the servants of Allah, the Lord of Might, as far as you are able."

Burd said that al-Zuhri said: "Repel the punishments on account of every doubt."

Abu Wa'il said that Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) said: "Avert killing and flogging from the Muslims as far as you are able."

Al-A'mash said that Ibrahim said: "Avert punishments from those who confess."

Kulayb said that Sayyiduna Abu Musa al-Ash'ari (may Allah be pleased with him) said: "While I was in Yemen, a pregnant woman was brought to me and I questioned her about it. She said: 'Are you asking about a pregnant woman who has been previously married and is pregnant without a husband? By Allah, since I accepted Islam I have taken no friend and no companion. But one day I was sleeping in the courtyard of my house. By Allah, nothing woke me except a man who kicked me with his foot and cast into my belly something like a shooting star. Then I watched him as he turned his back and went away, and I do not know who he was among the creation of Allah.'" He said: "I wrote to Sayyiduna Umar (may Allah be pleased with him) about this, and Sayyiduna Umar wrote back: 'Bring her and some people of her tribe to me.'" He said: "We came to him during the Hajj season, and Sayyiduna Umar said, as if angry: 'Perhaps you have got ahead of me in something concerning the matter of this woman?' I said: 'No, she and some people of her tribe are with me.' Then he questioned her, and she told him just as she had told me. Then he asked her people about her, and they praised her. At this Sayyiduna Umar said: 'A young woman of Tihamah, a heavy sleeper; such a thing does happen at times.' So he gave her provisions and clothed her, and he enjoined her people to treat her well."

Al-Nazzal bin Sabrah said: "While we were at Mina with Sayyiduna Umar (may Allah be pleased with him), there was a heavily built woman on a donkey, weeping. The people had almost killed her in the crush, and they were saying: 'You have committed adultery.' When she reached Sayyiduna Umar, he asked: 'What has made you weep? A woman may sometimes be forced into wrongdoing!' The woman said: 'I am a very heavy sleeper, and Allah, the Lord of Might, used to grant me the ability to pray at night. I prayed one night and then fell asleep, and by Allah, nothing woke me except the man who had already mounted me. I watched him as he turned his back and went away, and I do not know who he was among the creation of Allah.' At this Sayyiduna Umar said: 'If I were to kill this woman, I would fear the Fire upon the two mountains (al-Akhshabayn).' Then he wrote to the cities that no life should be taken without referring to him."

Urwah said that Sayyidah Aishah (may Allah be pleased with her) said: "Avert punishments from the Muslims as far as you are able. When you find a way out for the Muslims, let them go, for the ruler's error in pardoning is better than his error in punishing."