وحَدَّثَنِي
أَبُو كَامِلٍ فُضَيْلُ بْنُ حُسَيْنٍ الْجَحْدَرِيُّ ، حَدَّثَنَا
أَبُو عَوَانَةَ ، عَنْ
سِمَاكِ بْنِ حَرْبٍ ، عَنْ
جَابِرِ بْنِ سَمُرَةَ ، قَالَ : " رَأَيْتُ مَاعِزَ بْنَ مَالِكٍ حِينَ جِيءَ بِهِ إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ رَجُلٌ قَصِيرٌ أَعْضَلُ لَيْسَ عَلَيْهِ رِدَاءٌ ، فَشَهِدَ عَلَى نَفْسِهِ أَرْبَعَ مَرَّاتٍ أَنَّهُ زَنَى ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : فَلَعَلَّكَ ؟ ، قَالَ : لَا ، وَاللَّهِ إِنَّهُ قَدْ زَنَى الْأَخِرُ ، قَالَ : فَرَجَمَهُ ، ثُمَّ خَطَبَ ، فَقَالَ : أَلَا كُلَّمَا نَفَرْنَا غَازِينَ فِي سَبِيلِ اللَّهِ ، خَلَفَ أَحَدُهُمْ لَهُ نَبِيبٌ كَنَبِيبِ التَّيْسِ يَمْنَحُ أَحَدُهُمُ الْكُثْبَةَ ، أَمَا وَاللَّهِ إِنْ يُمْكِنِّي مِنْ أَحَدِهِمْ لَأُنَكِّلَنَّهُ عَنْهُ " .
Jabir bin ahadeeth reported: As he was being brought to Allah's Apostle (ﷺ) I saw Ma'iz bin Malik-a short-statured person with strong sinews, having no cloak around him. He bore witness against his own self four times that he had committed adultery, whereupon Allah's Messenger (ﷺ) said: Perhaps (you kissed her or embraced her). He said: No. by God, one deviating (from the path of virtue) has committed adultery. He then got him stoned (to death), and then delivered the address: Behold, as we set out for Jihad in the cause of Allah, one of you lagged behind and shrieked like the bleating of a male goat, and gave a small quantity of milk. By Allah, in case I get hold of him, I shall certainly punish him.
• • •
وحَدَّثَنَا
مُحَمَّدُ بْنُ الْمُثَنَّى ،
وَابْنُ بَشَّارٍ وَاللَّفْظُ لِابْنِ الْمُثَنَّى ، قَالَا : حَدَّثَنَا
مُحَمَّدُ بْنُ جَعْفَرٍ ، حَدَّثَنَا
شُعْبَةُ ، عَنْ
سِمَاكِ بْنِ حَرْبٍ ، قَالَ : سَمِعْتُ
جَابِرَ بْنَ سَمُرَةَ ، يَقُولُ : " أُتِيَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِرَجُلٍ قَصِيرٍ أَشْعَثَ ذِي عَضَلَاتٍ عَلَيْهِ إِزَارٌ وَقَدْ زَنَى ، فَرَدَّهُ مَرَّتَيْنِ ثُمَّ أَمَرَ بِهِ ، فَرُجِمَ ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : كُلَّمَا نَفَرْنَا غَازِينَ فِي سَبِيلِ اللَّهِ ، تَخَلَّفَ أَحَدُكُمْ يَنِبُّ نَبِيبَ التَّيْسِ يَمْنَحُ إِحْدَاهُنَّ الْكُثْبَةَ ، إِنَّ اللَّهَ لَا يُمْكِنِّي مِنْ أَحَدٍ مِنْهُمْ إِلَّا جَعَلْتُهُ نَكَالًا أَوْ نَكَّلْتُهُ " ، قَالَ : فَحَدَّثْتُهُ سَعِيدَ بْنَ جُبَيْرٍ ، فَقَالَ : إِنَّهُ رَدَّهُ أَرْبَعَ مَرَّاتٍ ،
Jabir bin ahadeeth reported that there was brought to Allah's Messenger (ﷺ) a short-statured person with thick uncombed hair, muscular body, having a mantle around him and he had committed adultery. He turned him away twice and then made pronouncement about him and he was stoned. Then Allah's Messenger (ﷺ) said: We set out for Jihad in the cause of Allah and one of you lagged behind and shrieked like the bleating of a male goat and one of then (goats' gave a small quantity of milk. In case Allah gives me power over one of them, I will punish him (in such a way that it may have a deterrent effect upon others). In another narration transmitted on the authority of Sa'id b Jubair (the words are), that He (the Holy Prophet) turned him away four times."
• • •
This hadith has been narrated on the authority of Jabir bin ahadeeth through another chain of transmitters with the difference that along with the mentioning (of the fact) that he (the Holy Prophet) turned him away twice, or thrice.
• • •
Related hadith on this topic
Explanation & Benefits
Shaykh Maulana Abdul Aziz Alvi
Hadith Gloss:
Vocabulary of the Hadith:
(1)
A’dhal:
Possessor of strong build and robust physique, i.e., one with a sturdy body.
(2)
Aakhir:
Insignificant, lowly.
(3)
Nabeeb:
The sound that a male goat makes when mating with a female goat.
(4)
Al-Kuthbah:
A small amount of milk or any trivial and insignificant thing.
Benefits and Issues:
From this hadith, it is understood that it is permissible to show a criminal the way out of his confession and admission, provided that he is not a habitual offender. And if someone retracts from confessing to a hadd (prescribed punishment) related to the rights of Allah, and there is no evidence against him, then his retraction will also be accepted.
(Sharh Nawawi, Muslim, vol. 2, p. 77)
However, a habitual criminal should be given an exemplary punishment, as is established from your (sallallahu alayhi wa sallam) sermon. And from the sermon of the Prophet (sallallahu alayhi wa sallam), it is understood that Hazrat Ma’iz (radi Allahu anhu) was not among them, because regarding him, the Prophet (sallallahu alayhi wa sallam) said, “If I get hold of them, I will make them an example,” and he was instructing Hazrat Ma’iz (radi Allahu anhu) to leave. And further, there is an explicit narration coming that the Prophet (sallallahu alayhi wa sallam) said to him: “Go back, seek forgiveness from Allah, repent,” and repeated this several times. On the fourth time, he asked, “Are you insane? Have you drunk wine?” And then praised his repentance, which he had demonstrated by demanding the hadd in practical form.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4424
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Benefits and Issues:
➊ Ma'iz bin Malik radi Allahu anhu used to live with Hazzal radi Allahu anhu in the capacity of a servant, and Hazzal radi Allahu anhu had a divorced slave woman who used to herd his goats.
➋ Ma'iz radi Allahu anhu committed adultery (zina) with her.
➌ Then, feeling remorseful, he informed Hazzal radi Allahu anhu, who advised him to present himself before the Messenger of Allah sallallahu alayhi wa sallam, and brought him to the Prophet sallallahu alayhi wa sallam. This was a time of poverty.
➍ Some women in the era of ignorance (jahiliyyah) used to commit such acts.
➎ Even later, some continued this habit; due to their habitual nature, they would auction off their honor for trivial things, and in the absence of the Prophet sallallahu alayhi wa sallam—
➏ Since the noble Companions radi Allahu anhum would all try to participate with the Prophet sallallahu alayhi wa sallam in military expeditions (ghazwah), this would give immoral men and women the opportunity for such acts.
➐ Therefore, when an appropriate occasion arose, the Prophet sallallahu alayhi wa sallam warned such people in accordance with the situation, so that they would refrain from such actions,
➑ Otherwise, they should be prepared for a dreadful punishment.
➒ The one referred to here was not the Companion who presented himself (for punishment).
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4425