Hadith 1698

This hadith is listed as number 4436 in Maktaba Shamila

وحَدَّثَنَا أَبُو الطَّاهِرِ ، وَحَرْمَلَةُ ، قَالَا : أَخْبَرَنَا ابْنُ وَهْبٍ ، أَخْبَرَنِي يُونُسُ . ح وحَدَّثَنِي عَمْرٌو النَّاقِدُ ، حَدَّثَنَا يَعْقُوبُ بْنُ إِبْرَاهِيمَ بْنِ سَعْدٍ، حَدَّثَنَا أَبِي ، عَنْ صَالِحٍ . ح وحَدَّثَنَا عَبْدُ بْنُ حُمَيْدٍ ، أَخْبَرَنَا عَبْدُ الرَّزَّاقِ ، عَنْ مَعْمَرٍ كُلُّهُمْ ، عَنْ الزُّهْرِيِّ بِهَذَا الْإِسْنَادِ نَحْوَهُ .
This hadith has been narrated on the authority of Zuhri with the same chain of transmitters.
Hadith Reference صحيح مسلم / كتاب الحدود / 1698
Hadith Grading محدثین: أحاديث صحيح مسلم كلها صحيحة
Hadith Takhrij «أحاديث صحيح مسلم كلها صحيحة»
Explanation & Benefits
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: (1)
He is more knowledgeable than him:
The Bedouin asked you (sallallahu alayhi wa sallam), invoking Allah as a means, to judge according to Allah’s Book, even though you always judged according to Allah’s Book. Therefore, invoking Allah as a means in this context was contrary to proper etiquette and reverence. However, the second party sought permission to speak with respect and then narrated the entire incident to you (sallallahu alayhi wa sallam): that my son was his servant, working in his house, and thus had the opportunity to interact with his wife, which led to this outcome. Nowadays, however, people do not consider it problematic to intermingle with non-mahrams, the result of which is indulgence and immorality, running away from home, or cases of abduction. Yet, despite this, Muslims are not taking heed.

(2)
People with little knowledge or common folk told the boy’s father something incorrect: that your son should be stoned (rajm), and that you can settle the matter with the woman’s husband. Therefore, he reconciled by giving the husband a slave-girl and one hundred sheep. From this, it is evident that religious matters should not be asked of the unlearned or the general public; explaining religious rulings is the work of the scholars. However, nowadays, even this is not observed: whoever reads Urdu translations considers himself a jurist (faqih) and a mujtahid, resulting in increasing discord and division within the Ummah and the issuance of new and novel fatwas. The scholars, being aware of all the details and evidences of an issue, give correct answers. Thus, when he asked the scholars, they informed him of the correct situation. This also proves that stoning the married person (rajm) was well-known and established among the scholars during the blessed era of the Messenger of Allah (sallallahu alayhi wa sallam), and even in his time, the learned Companions would answer legal questions.

(3)
La aqdiyanna baynakuma bikitabillah:
That I will certainly judge between you according to Allah’s Book, proves that the ruling of an established Sunnah, i.e., an authentic hadith, is the ruling of Allah’s Book, and acting upon it is just as obligatory as acting upon the Qur’an. Because stoning the married person (rajm) and banishing the unmarried person for a year along with flogging are not explicitly established from the Qur’an, yet you (sallallahu alayhi wa sallam) declared this to be the ruling of Allah’s Book. Thus, just as the law and ruling of the Qur’an is Allah’s Book, so too is the law and ruling of the Messenger (sallallahu alayhi wa sallam) Allah’s Book.

(4)
Al-walīdah wal-ghanam radd:
The slave-girl and the sheep will be returned to you. This is evidence that any agreement made by mutual consent contrary to Allah’s Book or ruling will not be considered valid; it will be rendered null and void.

(5)
Zina (fornication/adultery) is such a crime that, if it is possible to conceal it, it should be concealed, and unnecessary investigation and spreading of it should be avoided. However, in the mentioned case, since it had already spread, the wife’s husband and the boy’s father had already mentioned it among the public and the scholars before coming to the court of the Prophet (sallallahu alayhi wa sallam), and then it was also mentioned in your (sallallahu alayhi wa sallam) gathering in the presence of others. Therefore, you (sallallahu alayhi wa sallam) sent Anas ibn Dihak al-Aslami (radi Allahu anhu) to the woman so that if she confessed, the prescribed punishment (hadd) could be carried out upon her. If she denied, then merely on the basis of someone’s claim that “I committed zina with so-and-so,” without testimony or confession, the punishment would not be carried out on anyone. This also proves that it is not necessary for the woman to be present in court; the judge or ruler can investigate the matter himself or by sending an appointed representative, and the deputy can exercise his authority and decide himself or inform the judge or ruler. You (sallallahu alayhi wa sallam) had given Anas (radi Allahu anhu) permission to carry out the prescribed punishment in case of confession, but he did not exercise this authority and instead informed you (sallallahu alayhi wa sallam) of the woman’s confession, and you ordered her to be stoned.

(6)
The statement of the Prophet (sallallahu alayhi wa sallam) to Anas (radi Allahu anhu) that if the woman confesses, then stone her, is evidence that if the criminal confesses to the judge or ruler, even if no one else is present, he can punish him according to his confession. However, according to the majority, this is not correct unless there are other witnesses present.
(Fath al-Bari, vol. 12, p. 174)
So that suspicion does not arise and slander is avoided.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4436