Hadith 1691

حَدَّثَنِي أَبُو الطَّاهِرِ ، وَحَرْمَلَةُ بْنُ يَحْيَى ، قَالَا : حَدَّثَنَا ابْنُ وَهْبٍ ، أَخْبَرَنِي يُونُسُ ، عَنْ ابْنِ شِهَابٍ ، قَالَ : أَخْبَرَنِي عُبَيْدُ اللَّهِ بْنُ عَبْدِ اللَّهِ بْنِ عُتْبَةَ ، أَنَّهُ سَمِعَ عَبْدَ اللَّهِ بْنَ عَبَّاسٍ ، يَقُولُ : قَالَ عُمَرُ بْنُ الْخَطَّابِ : وَهُوَ جَالِسٌ عَلَى مِنْبَرِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ " إِنَّ اللَّهَ قَدْ بَعَثَ مُحَمَّدًا صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِالْحَقِّ وَأَنْزَلَ عَلَيْهِ الْكِتَابَ ، فَكَانَ مِمَّا أُنْزِلَ عَلَيْهِ آيَةُ الرَّجْمِ قَرَأْنَاهَا وَوَعَيْنَاهَا وَعَقَلْنَاهَا ، فَرَجَمَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَرَجَمْنَا بَعْدَهُ ، فَأَخْشَى إِنْ طَالَ بِالنَّاسِ زَمَانٌ أَنْ يَقُولَ قَائِلٌ مَا نَجِدُ الرَّجْمَ فِي كِتَابِ اللَّهِ ، فَيَضِلُّوا بِتَرْكِ فَرِيضَةٍ أَنْزَلَهَا اللَّهُ ، وَإِنَّ الرَّجْمَ فِي كِتَابِ اللَّهِ حَقٌّ عَلَى مَنْ زَنَى إِذَا أَحْصَنَ مِنَ الرِّجَالِ وَالنِّسَاءِ ، إِذَا قَامَتِ الْبَيِّنَةُ أَوْ كَانَ الْحَبَلُ أَوِ الِاعْتِرَافُ " ،
'Abdullah bin 'Abbas reported that 'Umar bin Khattab sat on the pulpit of Allah's Messenger (ﷺ) and said: Verily Allah sent Muhammad (ﷺ) with truth and He sent down the Book upon him, and the verse of stoning was included in what was sent down to him. We recited it, retained it in our memory and understood it. Allah's Messenger (ﷺ) awarded the punishment of stoning to death (to the married adulterer and adulteress) and, after him, we also awarded the punishment of stoning, I am afraid that with the lapse of time, the people (may forget it) and may say: We do not find the punishment of stoning in the Book of Allah, and thus go astray by abandoning this duty prescribed by Allah. Stoning is a duty laid down in Allah's Book for married men and women who commit adultery when proof is established, or if there is pregnancy, or a confession.
Hadith Reference صحيح مسلم / كتاب الحدود / 1691
Hadith Grading محدثین: أحاديث صحيح مسلم كلها صحيحة
Hadith Takhrij «أحاديث صحيح مسلم كلها صحيحة»
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This hadith has been narrated on the authority of Zuhri with the same chain of transmitters.
Hadith Reference صحيح مسلم / كتاب الحدود / 1691
Hadith Grading محدثین: أحاديث صحيح مسلم كلها صحيحة
Hadith Takhrij «أحاديث صحيح مسلم كلها صحيحة»
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وحَدَّثَنِي عَبْدُ الْمَلِكِ بْنُ شُعَيْبِ بْنِ اللَّيْثِ بْنِ سَعْدٍ ، حَدَّثَنِي أَبِي ، عَنْ جَدِّي ، قَالَ : حَدَّثَنِي عُقَيْلٌ ، عَنْ ابْنِ شِهَابٍ ، عَنْ أَبِي سَلَمَةَ بْنِ عَبْدِ الرَّحْمَنِ بْنِ عَوْفٍ ، وَسَعِيدِ بْنِ الْمُسَيِّبِ ، عَنْ أَبِي هُرَيْرَةَ ، أَنَّهُ قَالَ : " أَتَى رَجُلٌ مِنَ الْمُسْلِمِينَ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَهُوَ فِي الْمَسْجِدِ فَنَادَاهُ ، فَقَالَ : يَا رَسُولَ اللَّهِ ، إِنِّي زَنَيْتُ ، فَأَعْرَضَ عَنْهُ فَتَنَحَّى تِلْقَاءَ وَجْهِهِ ، فَقَالَ لَهُ : يَا رَسُولَ اللَّهِ ، إِنِّي زَنَيْتُ ، فَأَعْرَضَ عَنْهُ حَتَّى ثَنَى ذَلِكَ عَلَيْهِ أَرْبَعَ مَرَّاتٍ ، فَلَمَّا شَهِدَ عَلَى نَفْسِهِ أَرْبَعَ شَهَادَاتٍ دَعَاهُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ : أَبِكَ جُنُونٌ ؟ ، قَالَ : لَا ، قَالَ : فَهَلْ أَحْصَنْتَ ؟ ، قَالَ : نَعَمْ ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : اذْهَبُوا بِهِ فَارْجُمُوهُ " ، قَالَ ابْنُ شِهَابٍ : فَأَخْبَرَنِي مَنْ ، سَمِعَ جَابِرَ بْنَ عَبْدِ اللَّهِ ، يَقُولُ : فَكُنْتُ فِيمَنْ رَجَمَهُ فَرَجَمْنَاهُ بِالْمُصَلَّى ، فَلَمَّا أَذْلَقَتْهُ الْحِجَارَةُ هَرَبَ فَأَدْرَكْنَاهُ بِالْحَرَّةِ ، فَرَجَمْنَاهُ
Abu Hurairah (RA) reported that a person from amongst the Muslims came to Allah's Messenger (ﷺ) while he was in the mosque. He called him saying: Allah's Messenger. I have committed adultery. He (the Holy Prophet) turned away from him, He (again) came round facing him and said to him: Allah's Messenger, I have committed adultery. He (the Holy Prophet) turned away until he did that four times, and as he testified four times against his own self, Allah's Messenger (ﷺ) called him and said: Are you mad? He said: No. He (again) said: Are you married? He said: Yes. Thereupon Allah's Messenger (ﷺ) said: Take him and stone him. Ibn Shihab (one of the narrators) said: One who had heard Jabir bin 'Abdullah saying this informed me thus: I was one of those who stoned him. We stoned him at the place of prayer (either that of 'Id or a funeral). When the stones hurt him, he ran away. We caught him in the Harra and stoned him (to death). This hadith has been narrated through another chain of transmitters.
Hadith Reference صحيح مسلم / كتاب الحدود / 1691
Hadith Grading محدثین: أحاديث صحيح مسلم كلها صحيحة
Hadith Takhrij «أحاديث صحيح مسلم كلها صحيحة»
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وَرَوَاهُ اللَّيْثُ أَيْضًا ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ خَالِدِ بْنِ مُسَافِرٍ ، عَنْ ابْنِ شِهَابٍ بِهَذَا الْإِسْنَادِ مِثْلَهُ ،
This hadith has been narrated on the authority of Abu Hurairah (RA) through other chains of transmitters.
Hadith Reference صحيح مسلم / كتاب الحدود / 1691
Hadith Grading محدثین: أحاديث صحيح مسلم كلها صحيحة
Hadith Takhrij «أحاديث صحيح مسلم كلها صحيحة»
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وحَدَّثَنِيهِ عَبْدُ اللَّهِ بْنُ عَبْدِ الرَّحْمَنِ الدَّارِمِيُّ ، حَدَّثَنَا أَبُو الْيَمَانِ ، أَخْبَرَنَا شُعَيْبٌ ، عَنْ الزُّهْرِيِّ بِهَذَا الْإِسْنَادِ أَيْضًا وَفِي حَدِيثِهِمَا جَمِيعًا ، قَالَ ابْنُ شِهَابٍ : أَخْبَرَنِي مَنْسَمِعَ جَابِرَ بْنَ عَبْدِ اللَّهِ كَمَا ذَكَرَ عُقَيْلٌ ،
This hadith has been narrated through another chain of transmitters.
Hadith Reference صحيح مسلم / كتاب الحدود / 1691
Hadith Grading محدثین: أحاديث صحيح مسلم كلها صحيحة
Hadith Takhrij «أحاديث صحيح مسلم كلها صحيحة»
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وحَدَّثَنِي أَبُو الطَّاهِرِ ، وَحَرْمَلَةُ بْنُ يَحْيَى ، قَالَا : أَخْبَرَنَا ابْنُ وَهْبٍ ، أَخْبَرَنِي يُونُسُ . ح وحَدَّثَنَا إِسْحَاقُ بْنُ إِبْرَاهِيمَ ، أَخْبَرَنَا عَبْدُ الرَّزَّاقِ ، أَخْبَرَنَا مَعْمَرٌ ، وَابْنُ جُرَيْجٍ كلهم ، عَنْ الزُّهْرِيِّ ، عَنْ أَبِي سَلَمَةَ ، عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَحْوَ رِوَايَةِ عُقَيْلٍ ، عَنْ الزُّهْرِيِّ ، عَنْ سَعِيدٍ ، وَأَبِي سَلَمَةَ ، عَنْ أَبِي هُرَيْرَةَ .
This hadith has been narrated on the authority of Abu Huraira through other chains of transmitters.
Hadith Reference صحيح مسلم / كتاب الحدود / 1691
Hadith Grading محدثین: أحاديث صحيح مسلم كلها صحيحة
Hadith Takhrij «أحاديث صحيح مسلم كلها صحيحة»
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Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
There are many points worthy of consideration in this lengthy hadith.

Who was the person who mentioned pledging allegiance to another after the passing of Umar radi Allahu anhu? According to Al-Baladhuri’s Ansab, it is understood that this person was Zubair radi Allahu anhu. He had said that after the passing of Umar radi Allahu anhu, they would pledge allegiance to Ali radi Allahu anhu. This is the correct view. This is also the conclusion reached by the late Maulana Waheeduz-Zaman.

When Umar radi Allahu anhu returned to Madinah and delivered his sermon, he also mentioned his own death; this was a karamah (miraculous sign) of his. He had come to know that death was now near. After this sermon, before the month of Dhu al-Hijjah had even ended, Abu Lu’lu’ the Magian martyred him.

In some narrations, it is stated that Umar radi Allahu anhu said, “I saw a dream, and I think my death has arrived.” He saw that a rooster was pecking at him. In Mina, in response to the one who spoke, he elaborated in his sermon and said, “See, let no one become Imam without consultation, otherwise his life will be in danger.” By this, Umar radi Allahu anhu meant that the matter of caliphate and allegiance should always be decided thoughtfully and with the consultation of the Muslims. And if anyone cites the example of Abu Bakr as-Siddiq radi Allahu anhu, that his allegiance was pledged suddenly and yet no harm resulted from it, then this is foolishness. Because it was a coincidental matter that Abu Bakr radi Allahu anhu was the most virtuous of the Ummah and worthy of the caliphate. By coincidence, allegiance was pledged to him; it cannot always happen this way.

Subhan Allah. The statement of Umar radi Allahu anhu is absolutely correct. The outcome of those who become Imam without consultation is often just like this.

In these circumstances, the thoughts that Umar radi Allahu anhu expressed about himself and about as-Siddiq al-Akbar radi Allahu anhu meant that until his dying breath, he remained firm on the belief that he could not be preferred over Abu Bakr as-Siddiq radi Allahu anhu, and that as long as Abu Bakr radi Allahu anhu was present among the people, he could not be their leader. Until now, he was firm on this conviction, but if in the future Satan or his own self were to mislead him and put another thought in his heart, that would be another matter.

Bravo, a hundred times bravo! Upon the humility, modesty, and understanding of reality of Umar radi Allahu anhu, that in every matter he considered Abu Bakr radi Allahu anhu to be above and superior to himself. Radi Allahu anhum ajma’in.

What the Ansari orator said was, in fact, an expression of his own thoughts: that he considered himself to be very wise, intelligent, and the reference point of the nation; people would turn to him in every dispute and case, and he would give such excellent advice that no one else could think of. It was as if the itch of disputes and quarrels would come to him, and by taking his advice, they would be resolved. Out of fear of destruction and ruin, people would seek his protection; he would become their shield, saving them from the storms of calamities and tribulations. After praising himself so much, he proposed the appointment of two caliphs, which was completely wrong and extremely harmful for Islam. It should be considered divine support that immediately all those present, both Ansar and Muhajirun, unanimously agreed upon as-Siddiq al-Akbar radi Allahu anhu, thereby saving the Muslims from division.

Sa’d ibn ‘Ubadah radi Allahu anhu did not pledge allegiance to as-Siddiq al-Akbar radi Allahu anhu, and, upset, he went to the land of Sham, where he suddenly passed away.

The issue of selecting a caliph was given precedence over the funeral and burial arrangements. From that time, it generally became customary that when a caliph or king dies, his successor is first chosen, and only then are the funeral and burial arrangements made.

The hadith also incidentally mentions the stoning (rajm) of a falsely accused adulteress. This is what corresponds to the chapter.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6830
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
From this lengthy hadith, the purpose of Imam Bukhari rahimahullah is the following statement of Umar radi Allahu anhu:
“Indeed, the ruling of stoning (rajm) is established in the Book of Allah for every person who commits adultery after being married, provided that testimony is established against them, whether male or female, or if a woman is found to be pregnant illegitimately, or if she herself confesses.”
From this, Imam Bukhari rahimahullah has established that a woman who becomes pregnant from adultery will be stoned, provided she is married, but it is necessary that she delivers her child first.
Ibn Battal said that the meaning of the chapter heading is as follows:
“Is there stoning for a pregnant woman due to adultery or not? There is consensus that she will not be stoned until she delivers the child.
Similarly, if she is liable to the punishment of lashes due to adultery, the birth of the child will be awaited. Likewise, if she is liable to retribution (qisas) due to unlawful killing, retribution will be carried out after the child is born. Thus, when Umar radi Allahu anhu intended to stone a pregnant woman, Mu’adh ibn Jabal radi Allahu anhu said:
You cannot stone her until she gives birth to the child in her womb.”
(Fath al-Bari: 12/179)
(2)
If an unmarried woman becomes pregnant, there is a difference of opinion regarding her.
Imam Malik rahimahullah says:
If she claims that she was forced into adultery or that she was married, her statement will not be accepted; rather, the prescribed punishment (hadd) will be carried out upon her. However, if she presents witnesses for her claim, the hadd is dropped.
Imam Shafi’i rahimahullah and the scholars of Kufa say that such a woman will not be subjected to the hadd unless she herself confesses or witnesses are established against her.
(‘Umdat al-Qari: 16/102)
(3)
Umar radi Allahu anhu mentioned the verse of stoning first in his address because its ruling remains, but due to the abrogation of its recitation, there was a fear of its denial. Indeed, this fear materialized when a group of the Khawarij denied it, and similarly, the Mu’tazilah did not accept it either.
The Mu’tazilah and Khawarij of the present era also do not accept it; rather, they mock it.
They say: If this verse was present in the Qur’an, then where did it go? Whereas Allah ta’ala abrogated its recitation, as stated in the verse:
“We will make you recite, so you will not forget, except what Allah wills.” ( al-A‘la 87:6-7)
It is also said: If its recitation is abrogated, how does its ruling remain? The answer is that the means of retaining this ruling is not the abrogated verse, but three other reasons:
* The ruling in the Torah was retained in the Shari’ah of Muhammad sallallahu alayhi wa sallam, as is established from the incident of stoning the People of the Book.
* The mass-transmitted (mutawatir) hadiths in which the stoning of a married adulterer, male or female, is commanded.
* The incidents that serve as a means of retaining this ruling, in which it is explicitly stated that the Messenger of Allah sallallahu alayhi wa sallam and his noble Companions radi Allahu anhum upheld this punishment.
It is mentioned in the hadith that when Zayd ibn Thabit and Sa‘id ibn al-‘As radi Allahu anhuma were writing the manuscripts (masahif), this verse came before them.
Zayd radi Allahu anhu said:
I heard the Messenger of Allah sallallahu alayhi wa sallam reciting:
(al-shaykhu wal-shaykhatu idha zanaya farjumuhuma al-battata nakalan min Allah wallahu azizun hakim)
Umar radi Allahu anhu said:
When this verse was revealed, I came to the Messenger of Allah sallallahu alayhi wa sallam and mentioned writing it down, but he disliked that and said:
“O Umar! Do you not know that if an old man commits adultery and has not married, he is lashed, and if a young man is married and commits adultery, he is stoned?” (al-Mustadrak lil-Hakim: 4/436)
From this hadith, it is understood why only its recitation was abrogated, i.e., the practice is contrary to the apparent generality of the verse.
The generality demands that every type of old adulterer, male or female, be stoned, whereas the condition is being married, whether old or young.
And Allah knows best. (Fath al-Bari: 12/176)
There are many other points in this lengthy hadith worthy of consideration, which we have already mentioned previously.
We have presented our observations regarding the part relevant to the chapter heading.
And Allah is the One whose help is sought.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6830
Shaykh Dr. Abdur Rahman Freywai
Explanation:

1:
The recitation of the verse of stoning (ayat al-rajm) has been abrogated, but its ruling remains in effect until the Day of Judgment.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1432
Shaykh Umar Farooq Saeedi
Benefits and Issues:
It is mentioned in Nayl al-Awtar that in Musnad Ahmad and al-Tabarani al-Kabir, Abu Umamah bin Sahl narrates from his maternal aunt ‘Ajma’ that this was revealed in the Noble Qur’an: (al-shaykhu wa al-shaykhatu idha zanaya farjumuhuma al-battata bima qadiya min al-ladhdhati) — “The old man and the old woman, if they commit adultery, then stone them absolutely for the pleasure they have enjoyed.” Similarly, in Sahih Ibn Hibban, it is narrated from Ubayy bin Ka‘b radi Allahu anhu that Surah al-Ahzab was as long as Surah al-Baqarah, and in it was also the verse (al-shaykh wa al-shaykhah) (i.e., later a part of this surah was abrogated) (Nayl al-Awtar: 4/102). In short, according to the scholars of hadith, this ruling is established by both the Qur’an and the mutawatir Sunnah.

And this is one form of abrogation (naskh): that the ruling of the verse remains, but its recitation has been abrogated.

The second form is that the recitation remains, but the ruling has been abrogated, for example: (al-wasiyyatu lil-walidayni wa al-aqrabeen) (al-Baqarah: 180) — the bequest for parents and relatives in excess of their prescribed shares has been abrogated, even though its recitation remains.

And the third form is that both the ruling and the recitation have been abrogated.

For example, in the matter of breastfeeding (rada‘ah), previously, prohibition was established by ten sucklings. The verse was also recited, but both its wording and ruling have been abrogated: (ashru rada‘atin ma‘lumatin yuharrimna) — “Ten known sucklings make [marriage] unlawful.” Now, prohibition of breastfeeding is established by five sucklings. That is by the ruling of hadith, not the Qur’an.

(Kitab al-Faqih wa al-Mutafaqqih by Khatib al-Baghdadi)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4418
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه البخاري، الحدود، باب رجم الحبلٰي في الزني إذا أحصنت، حديث: 6830، ومسلم، الحدود، باب رجم الثيب في الزني، حديث:1691.»©Explanation:
➊ This hadith proves that the crime of adultery (zina) can be established in three ways:
• If there are testimonies of four sane, adult, Muslim men, then the crime of adultery will be established.
• Or if the adulterer himself confesses that he has committed adultery.
• Or if a woman is pregnant.

➋ If such a situation arises that a woman is neither married nor a slave-girl, yet she is pregnant, then apart from Umar radi Allahu anhu, Imam Malik rahimahullah and his students say that the prescribed punishment (hadd) for adultery will be enforced upon her. However, according to Imam Shafi’i rahimahullah and Imam Abu Hanifah rahimahullah, the hadd will not be enforced merely on account of pregnancy.

Imam Malik rahimahullah’s reasoning is that Umar radi Allahu anhu, while standing on the pulpit, delivered an address in which, along with testimony and the confession of the adulterer, he also considered the pregnancy of a woman as a valid proof for enforcing the hadd of adultery. And none of the noble Companions radi Allahu anhum present in the gathering objected to this, so it is as if this statement of Umar radi Allahu anhu is tantamount to consensus (ijma’).
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1038