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صحيح مسلم
Muslim
كتاب الحدود
The Book of Legal Punishments
باب مَنِ اعْتَرَفَ عَلَى نَفْسِهِ بِالزِّنَا:
Chapter: One who confesses to Zina
Sahih Muslim 1696 — One who confesses to Zina
حَدَّثَنِي أَبُو غَسَّانَ مَالِكُ بْنُ عَبْدِ الْوَاحِدِ الْمِسْمَعِيُّ ، حَدَّثَنَا مُعَاذٌ يَعْنِي ابْنَ هِشَامٍ ، حَدَّثَنِي أَبِي ، عَنْ يَحْيَى بْنِ أَبِي كَثِيرٍ ، حَدَّثَنِي أَبُو قِلَابَةَ ، أَنَّ أَبَا الْمُهَلَّبِ حَدَّثَهُ ، عَنْ عِمْرَانَ بْنِ حُصَيْنٍ " أَنَّ امْرَأَةً مِنْ جُهَيْنَةَ أَتَتْ نَبِيَّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَهِيَ حُبْلَى مِنَ الزِّنَا ، فَقَالَتْ : يَا نَبِيَّ اللَّهِ ، أَصَبْتُ حَدًّا فَأَقِمْهُ عَلَيَّ ، فَدَعَا نَبِيُّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَلِيَّهَا ، فَقَالَ : أَحْسِنْ إِلَيْهَا فَإِذَا وَضَعَتْ فَأْتِنِي بِهَا ، فَفَعَلَ فَأَمَرَ بِهَا نَبِيُّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَشُكَّتْ عَلَيْهَا ثِيَابُهَا ثُمَّ أَمَرَ بِهَا ، فَرُجِمَتْ ثُمَّ صَلَّى عَلَيْهَا ، فَقَالَ لَهُ عُمَرُ : تُصَلِّي عَلَيْهَا يَا نَبِيَّ اللَّهِ وَقَدْ زَنَتْ ، فَقَالَ : لَقَدْ تَابَتْ تَوْبَةً لَوْ قُسِمَتْ بَيْنَ سَبْعِينَ مِنْ أَهْلِ الْمَدِينَةِ لَوَسِعَتْهُمْ ، وَهَلْ وَجَدْتَ تَوْبَةً أَفْضَلَ مِنْ أَنْ جَادَتْ بِنَفْسِهَا لِلَّهِ تَعَالَى ؟ " ،
Imran bin Husain reported that a woman from Juhaina came to Allah's Apostle (ﷺ) and she had become pregnant because of adultery. She said: Allah's Apostle, I have done something for which (prescribed punishment) must be imposed upon me, so impose that. Allah's Apostle (ﷺ) called her guardian and said: Treat her well, and when she delivers bring her to me. He did accordingly. Then Allah's Apostle (ﷺ) pronounced judgment about her and her clothes were tied around her and then he commanded and she was stoned to death. He then prayed over her (dead body). Umar said to him: Allah's Apostle, you offer prayer for her, whereas she had committed adultery! Thereupon he said: She has made such a repentance that if it were to be divided among seventy men of Madinah, it would be enough. Have you found any repentance better than this that she sacrficed her life for Allah, the Majestic?
• • •
وحَدَّثَنَاه أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ ، حَدَّثَنَا عَفَّانُ بْنُ مُسْلِمٍ ، حَدَّثَنَا أَبَانُ الْعَطَّارُ ، حَدَّثَنَا يَحْيَى بْنُ أَبِي كَثِيرٍ بِهَذَا الْإِسْنَادِ مِثْلَهُ .
This hadith has been narrated on the authority of Yahya bin Abi Kathir with the same chain of transmitters.
• • •
حَدَّثَنَا قُتَيْبَةُ بْنُ سَعِيدٍ ، حَدَّثَنَا لَيْثٌ . ح وحَدَّثَنَاه مُحَمَّدُ بْنُ رُمْحٍ ، أَخْبَرَنَا اللَّيْثُ ، عَنْ ابْنِ شِهَابٍ ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ بْنِ عُتْبَةَ بْنِ مَسْعُودٍ ، عَنْ أَبِي هُرَيْرَةَ ، وَزَيْدِ بْنِ خَالِدٍ الْجُهَنِيِّ ، أَنَّهُمَا قَالَا : " إِنَّ رَجُلًا مِنَ الْأَعْرَابِ أَتَى رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ : يَا رَسُولَ اللَّهِ ، أَنْشُدُكَ اللَّهَ إِلَّا قَضَيْتَ لِي بِكِتَابِ اللَّهِ ، فَقَالَ : الْخَصْمُ الْآخَرُ وَهُوَ أَفْقَهُ مِنْهُ ، نَعَمْ فَاقْضِ بَيْنَنَا بِكِتَابِ اللَّهِ ، وَأْذَنْ لِي فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قُلْ قَالَ : إِنَّ ابْنِي كَانَ عَسِيفًا عَلَى هَذَا ، فَزَنَى بِامْرَأَتِهِ وَإِنِّي أُخْبِرْتُ أَنَّ عَلَى ابْنِي الرَّجْمَ ، فَافْتَدَيْتُ مِنْهُ بِمِائَةِ شَاةٍ وَوَلِيدَةٍ ، فَسَأَلْتُ أَهْلَ الْعِلْمِ ، فَأَخْبَرُونِي أَنَّمَا عَلَى ابْنِي جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ ، وَأَنَّ عَلَى امْرَأَةِ هَذَا الرَّجْمَ ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : وَالَّذِي نَفْسِي بِيَدِهِ لَأَقْضِيَنَّ بَيْنَكُمَا بِكِتَابِ اللَّهِ ، الْوَلِيدَةُ وَالْغَنَمُ رَدٌّ وَعَلَى ابْنِكَ جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ وَاغْدُ يَا أُنَيْسُ إِلَى امْرَأَةِ هَذَا ، فَإِنِ اعْتَرَفَتْ فَارْجُمْهَا ، قَالَ : فَغَدَا عَلَيْهَا ، فَاعْتَرَفَتْ ، فَأَمَرَ بِهَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَرُجِمَتْ " ،
Abu Hurairah (RA) and Zaid b Khalid al-Juhani reported that a man from amongst the desert tribes came to Allah's Messenger (ﷺ) and said: Messenger of Allah, I beg of you in the name of Allah that you pronounce judgment about me according to the Book of Allah. The second claimant who was wiser than him said: Well, decide amongst us according to the Book of Allah, but permit me (to say something). Thereupon Allah's Messenger (may peace be upon ham) said: Say. He said: My son was a servant in the house of this person and he committed adultery with his wife. I was informed that my son deserved stoning to death (as punishment for this offence). I gave one hundred goats and a slave girl as ransom for this. I asked the scholars (if this could serve as an expiation for this offence). They informed me that my son deserved one hundred lashes and exile for one year and this woman deserved stoning (as she was married). Thereupon Allah's Messenger (may peace he upon him) said: By Him in Whose Hand is my life, I will decide between you according to the Book of Allah. The slave-girl and the goats should be given back, and your son is to be punished with one hundred lashes and exile for one year. And, O Unais (b. Zuhaq al-Aslami), go to this woman in the morning, and if she makes a confession, then stone her. He (the narrator) said: He went to her in the morning and she made a confession. And Allah's Messenger (ﷺ) made pronouncement about her and she was stoned to death.
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Related hadith on this topic
Explanation & Benefits
Hafiz Muhammad Ameen
1959. Commentary:
➊ “Entrusted to the guardian”: Because the child born from adultery is innocent, therefore he will not be killed; rather, he will be protected. Moreover, this method will help in preventing adultery, because in the form of the child, there will remain an everlasting disgrace for the adulterers.
➋ “She gave birth to the child”: She was not stoned immediately after giving birth, but in other narrations it is mentioned that when the child became independent of her milk and started eating bread. May we be sacrificed for such a compassionate and noble Prophet—sallallahu alayhi wa sallam.
➌ If a married woman commits adultery, she too will be stoned just as a man is stoned.
➍ A pregnant woman will not be stoned until she has delivered the child and the child has started eating and drinking other than milk.
➎ It is recommended (mustahabb) to tie clothes so that there is no exposure.
➏ It is not necessary for the judge (qadi) or ruler to participate in the stoning.
➐ If a long time has passed since the sin was committed, the prescribed punishment (hadd) is not dropped because of that; rather, whenever the case is proven in court, the hadd will be established.
➑ After the hadd has been carried out, a person cannot be taunted for that sin, because the hadd eliminates the sin; now it is as if he never committed that sin.
➊ “Entrusted to the guardian”: Because the child born from adultery is innocent, therefore he will not be killed; rather, he will be protected. Moreover, this method will help in preventing adultery, because in the form of the child, there will remain an everlasting disgrace for the adulterers.
➋ “She gave birth to the child”: She was not stoned immediately after giving birth, but in other narrations it is mentioned that when the child became independent of her milk and started eating bread. May we be sacrificed for such a compassionate and noble Prophet—sallallahu alayhi wa sallam.
➌ If a married woman commits adultery, she too will be stoned just as a man is stoned.
➍ A pregnant woman will not be stoned until she has delivered the child and the child has started eating and drinking other than milk.
➎ It is recommended (mustahabb) to tie clothes so that there is no exposure.
➏ It is not necessary for the judge (qadi) or ruler to participate in the stoning.
➐ If a long time has passed since the sin was committed, the prescribed punishment (hadd) is not dropped because of that; rather, whenever the case is proven in court, the hadd will be established.
➑ After the hadd has been carried out, a person cannot be taunted for that sin, because the hadd eliminates the sin; now it is as if he never committed that sin.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 1959
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
It is understood that when carrying out the prescribed punishment (hadd) upon women, care must be taken to maintain the covering of their bodies (awrah).
2:
Just as with other deceased Muslims, the funeral prayer (salat al-janazah) will also be performed for the one upon whom the prescribed punishment (hadd) has been carried out,
because the implementation of the hadd serves as expiation (kaffarah) for the one upon whom it is applied.
There is consensus among all Muslims on this matter.
This is why, in the aforementioned hadith, the Prophet (sallallahu alayhi wa sallam) clarified to Umar (radi Allahu anhu) the significance of the repentance of this repentant woman.
1:
It is understood that when carrying out the prescribed punishment (hadd) upon women, care must be taken to maintain the covering of their bodies (awrah).
2:
Just as with other deceased Muslims, the funeral prayer (salat al-janazah) will also be performed for the one upon whom the prescribed punishment (hadd) has been carried out,
because the implementation of the hadd serves as expiation (kaffarah) for the one upon whom it is applied.
There is consensus among all Muslims on this matter.
This is why, in the aforementioned hadith, the Prophet (sallallahu alayhi wa sallam) clarified to Umar (radi Allahu anhu) the significance of the repentance of this repentant woman.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1435
Maulana Ataullah Sajid
Benefits and Issues:
➊ The purpose of wrapping and tying the cloth properly around the body is so that the woman’s body is not exposed.
➋ The funeral prayer should be performed for the one upon whom the prescribed punishment (hadd) has been carried out, and she should be buried in the Muslims’ graveyard.
➊ The purpose of wrapping and tying the cloth properly around the body is so that the woman’s body is not exposed.
➋ The funeral prayer should be performed for the one upon whom the prescribed punishment (hadd) has been carried out, and she should be buried in the Muslims’ graveyard.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2555
