Muslim

Hadith Commentary: Benefits and Issues: There is consensus among the scholars of the Ummah that if a person commits such a sin for which a prescribed punishment (hadd) is fixed, and that sin is established through testimony or confession, then it is necessary to implement the hadd upon him. However, if Allah, the Exalted, conceals this sin and the sinner himself does not confess it, then it is forgiven through repentance (tawbah) and seeking forgiveness (istighfar).

In some narrations, the mention of committing adultery (zina) is found. The reason for this is that he considered the motives, causes, or the prelude to adultery as actual adultery, or he had reached the stage of hadd (i.e., the prescribed limit). By saying "he had reached the hadd," the narrator considered it as adultery. Because if he had explicitly confessed and admitted to adultery, then what need was there to seek clarification about the actual situation? For major sins (kabirah), forgiveness can be attained through repentance; they cannot be forgiven merely by performing prayer (salah), unless the supplication "Allahumma ighfir li" (O Allah, forgive me) in the prayer is generalized and considered to include repentance.

Hadith Commentary:
Upon his ambiguous confession, the Prophet (sallallahu alayhi wa sallam) gave him this glad tidings; even today, this glad tidings remains valid.
If a person makes a vague statement before the Imam that he has committed a crime warranting a prescribed punishment (hadd), the Imam may conceal his fault.

Explanation:
Some have deduced from this hadith that if someone, after committing a sin requiring a prescribed punishment (hadd), repents and comes before the Imam or ruler, then the prescribed punishment is waived from him.

Hadith Commentary:
(1)
The incident narrated in the hadith from Abdullah ibn Mas'ud radi Allahu anhu is different from this incident, because in that narration it is mentioned that a man kissed a woman, whereas in this incident it is stated that he committed an act liable to hadd (prescribed punishment). According to Imam Bukhari rahimahullah as well, these are two separate incidents, and he has derived two distinct rulings from them.

(2)
This hadith establishes that if a person confesses to a hadd crime in an ambiguous manner, the judge should cover it up and not probe further, because doing so would be considered spying, which the Qur’an has prohibited (). In the narration from Abu Umamah radi Allahu anhu, further details of this incident are found, where the Messenger of Allah sallallahu alayhi wa sallam said:
“When you left your house with the intention of prayer, you performed ablution (wudu) well, then you performed the congregational prayer with us, so by virtue of these deeds Allah, the Exalted, has forgiven your hadd or your sin.”
(Sahih Muslim, al-Tawbah, Hadith: 7007(2765))

Imam Ibn al-Qayyim rahimahullah has written three positions of the people regarding this hadith:
➊ The hadd becomes obligatory after a clear confession of the crime and its unambiguous specification, and when the confessor insists upon it repeatedly.
➋ The mentioned incident is specific only to that individual, and the Messenger of Allah sallallahu alayhi wa sallam was informed of it through revelation.
➌ If repentance is made after committing the act liable to hadd (before the matter reaches the court), then due to this repentance the hadd is dropped.

Imam Ibn al-Qayyim rahimahullah has given preference to this last position.
(Fath al-Bari: 12/165)

In any case, according to Imam Bukhari rahimahullah, if someone gives an unclear statement such as “I have committed a crime liable to hadd,” then the Imam may cover it up, just as the Messenger of Allah sallallahu alayhi wa sallam not only covered it up but also gave the glad tidings of forgiveness of sins.