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صحيح مسلم
Muslim
كتاب الحدودThe Book of Legal Punishments
باب حَدِّ الزِّنَا:Chapter: The Hadd punishment for Zina (fornication, adultery)
Hadith 1690
وحَدَّثَنَا يَحْيَى بْنُ يَحْيَى التَّمِيمِيُّ ، أَخْبَرَنَا هُشَيْمٌ ، عَنْ مَنْصُورٍ ، عَنْ الْحَسَنِ ، عَنْ حِطَّانَ بْنِ عَبْدِ اللَّهِ الرَّقَاشِيِّ ، عَنْ عُبَادَةَ بْنِ الصَّامِتِ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " خُذُوا عَنِّي خُذُوا عَنِّي ، قَدْ جَعَلَ اللَّهُ لَهُنَّ سَبِيلًا الْبِكْرُ بِالْبِكْرِ جَلْدُ مِائَةٍ ، وَنَفْيُ سَنَةٍ ، وَالثَّيِّبُ بِالثَّيِّبِ جَلْدُ مِائَةٍ وَالرَّجْمُ " ،
'Ubadah bin as-Samit reported: Allah's Messenger (ﷺ) as saying: Receive (teaching) from me, receive (teaching) from me. Allah has ordained a way for those (women). When an unmarried male commits adultery with an unmarried female (they should receive) one hundred lashes and banishment for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.
• • •
وحَدَّثَنَا عَمْرٌو النَّاقِدُ ، حَدَّثَنَا هُشَيْمٌ ، أَخْبَرَنَا مَنْصُورٌ بِهَذَا الْإِسْنَادِ مِثْلَهُ .
The above hadith is likewise narrated through another chain of transmitters.
• • •
حَدَّثَنَا مُحَمَّدُ بْنُ الْمُثَنَّى ، وَابْنُ بَشَّارٍ جَمِيعًا ، عَنْ عَبْدِ الْأَعْلَى ، قَالَ ابْنُ الْمُثَنَّى : حَدَّثَنَا عَبْدُ الْأَعْلَى ، حَدَّثَنَا سَعِيدٌ ، عَنْ قَتَادَةَ ، عَنْ الْحَسَنِ ، عَنْ حِطَّانَ بْنِ عَبْدِ اللَّهِ الرَّقَاشِيِّ ، عَنْ عُبَادَةَ بْنِ الصَّامِتِ ، قَالَ : " كَانَ نَبِيُّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِذَا أُنْزِلَ عَلَيْهِ كُرِبَ لِذَلِكَ ، وَتَرَبَّدَ لَهُ وَجْهُهُ ، قَالَ : فَأُنْزِلَ عَلَيْهِ ذَاتَ يَوْمٍ ، فَلُقِيَ كَذَلِكَ فَلَمَّا سُرِّيَ عَنْهُ ، قَالَ : خُذُوا عَنِّي فَقَدْ جَعَلَ اللَّهُ لَهُنَّ سَبِيلًا الثَّيِّبُ بِالثَّيِّبِ ، وَالْبِكْرُ بِالْبِكْرِ الثَّيِّبُ جَلْدُ مِائَةٍ ثُمَّ رَجْمٌ بِالْحِجَارَةِ ، وَالْبِكْرُ جَلْدُ مِائَةٍ ثُمَّ نَفْيُ سَنَةٍ " ،
'Ubadah bin as-Samit reported that whenever Allah's Apostle (ﷺ) received revelation, he felt its rigour and the complexion of his face changed. One day revelation descended upon him, he felt the same rigour. When it was over and he felt relief, he said: Take from me. Verily Allah has ordained a way for them (the women who commit fornication): (When) a married man (commits adultery) with a married woman, and an unmarried male with an unmarried woman, then in case of married (persons) there is (a punishment) of one hundred lashes and then stoning (to death). And in case of unmarried persons, (the punishment) is one hundred lashes and exile for one year.
• • •
وحَدَّثَنَا مُحَمَّدُ بْنُ الْمُثَنَّى ، وَابْنُ بَشَّارٍ ، قَالَا : حَدَّثَنَا مُحَمَّدُ بْنُ جَعْفَرٍ ، حَدَّثَنَا شُعْبَةُ . ح وحَدَّثَنَا مُحَمَّدُ بْنُ بَشَّارٍ ، حَدَّثَنَا مُعَاذُ بْنُ هِشَامٍ ، حَدَّثَنِي أَبِي كِلَاهُمَا ، عَنْ قَتَادَةَ بِهَذَا الْإِسْنَادِ ، غَيْرَ أَنَّ فِي حَدِيثِهِمَا الْبِكْرُ يُجْلَدُ ، وَيُنْفَى ، وَالثَّيِّبُ يُجْلَدُ وَيُرْجَمُ لَا يَذْكُرَانِ سَنَةً وَلَا مِائَةً .
This hadith has been reported on the authority of Qatada with the same chain of transmitters except with this variation that the unmarried is to be lashed and exiled, and the married one is to be lashed and stoned. There is neither any mention of one year nor that of one hundred.
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Related hadith on this topic
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
Those who were commanded to be confined in their homes for the crime of adultery and were told to wait for Allah’s command, Allah has now provided a way out for such people. This is a reference to the verse: ﴿And those of your women who commit indecency, call to witness four among you against them; then if they bear witness, confine them to the houses until death takes them or Allah ordains for them another way﴾ (: al-Nisa: 15). (That is, from among your women who commit indecency, call for four witnesses from among yourselves; if they testify, then confine those women to their houses until death completes their lives, or Allah provides another way for them.) This was the temporary punishment for women at the beginning of Islam, before the punishment for adultery was specified.
2:
This is the view of the majority of scholars and the four Imams (a’immah arba‘ah) that the punishments of flogging and stoning cannot be combined. For, if several prescribed punishments (hudud) are combined with execution (qatl), then execution alone suffices and the remaining hudud are dropped. (And Allah knows best.)
1:
Those who were commanded to be confined in their homes for the crime of adultery and were told to wait for Allah’s command, Allah has now provided a way out for such people. This is a reference to the verse: ﴿And those of your women who commit indecency, call to witness four among you against them; then if they bear witness, confine them to the houses until death takes them or Allah ordains for them another way﴾ (: al-Nisa: 15). (That is, from among your women who commit indecency, call for four witnesses from among yourselves; if they testify, then confine those women to their houses until death completes their lives, or Allah provides another way for them.) This was the temporary punishment for women at the beginning of Islam, before the punishment for adultery was specified.
2:
This is the view of the majority of scholars and the four Imams (a’immah arba‘ah) that the punishments of flogging and stoning cannot be combined. For, if several prescribed punishments (hudud) are combined with execution (qatl), then execution alone suffices and the remaining hudud are dropped. (And Allah knows best.)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1434
Maulana Ataullah Sajid
Commentary:
Benefits and Issues:
Prophetic Instruction:
“Allah has prescribed a way for them.”
This is a reference to the blessed verse in which this ruling was revealed:
﴿وَاللَّاتِي يَأْتِينَ الْفَاحِشَةَ مِن نِّسَائِكُمْ فَاسْتَشْهِدُوا عَلَيْهِنَّ أَرْبَعَةً مِّنكُمْ ۖ فَإِن شَهِدُوا فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّىٰ يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللَّـهُ لَهُنَّ سَبِيلًا﴾ Translation:
“Those among your women who commit indecency, call four witnesses from among yourselves against them; if they testify, then confine those women to their houses until death completes their term, or Allah makes for them another way.”
(2)
The Messenger of Allah (sallallahu alayhi wa sallam) prescribed for married adulterers only the punishment of stoning to death (rajm), and did not have them flogged.
As is stated in Hadith: 2549.
From this it is understood that the punishment of flogging is subsumed within the punishment of stoning.
(3)
The punishment for an unmarried person is one hundred lashes, and in addition, exile from the homeland for one year, so that by changing the environment, the urge to sin may be eliminated.
In the present era, the punishment of imprisonment can be considered as a substitute for exile, provided that the environment of the prison does not encourage criminal behavior.
Benefits and Issues:
Prophetic Instruction:
“Allah has prescribed a way for them.”
This is a reference to the blessed verse in which this ruling was revealed:
﴿وَاللَّاتِي يَأْتِينَ الْفَاحِشَةَ مِن نِّسَائِكُمْ فَاسْتَشْهِدُوا عَلَيْهِنَّ أَرْبَعَةً مِّنكُمْ ۖ فَإِن شَهِدُوا فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّىٰ يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللَّـهُ لَهُنَّ سَبِيلًا﴾ Translation:
“Those among your women who commit indecency, call four witnesses from among yourselves against them; if they testify, then confine those women to their houses until death completes their term, or Allah makes for them another way.”
(2)
The Messenger of Allah (sallallahu alayhi wa sallam) prescribed for married adulterers only the punishment of stoning to death (rajm), and did not have them flogged.
As is stated in Hadith: 2549.
From this it is understood that the punishment of flogging is subsumed within the punishment of stoning.
(3)
The punishment for an unmarried person is one hundred lashes, and in addition, exile from the homeland for one year, so that by changing the environment, the urge to sin may be eliminated.
In the present era, the punishment of imprisonment can be considered as a substitute for exile, provided that the environment of the prison does not encourage criminal behavior.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2550
