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مسند اسحاق بن راهويه
Musnad Ishaq
كتاب النكاح و الطلاقBook of Marriage and Divorce
Confession of adultery explained
Hadith 653
اُردوEn
اَخْبَرَنَا یَحْیَی بْنُ آدَمَ، نَا ابْنُ الْمُبَارَكِ، عَنْ مَعْمَرٍ، عَنْ یَحْیَ بْنِ اَبِیْ کَثِیْرٍ، عَنِ ابْنِ عَبَّاسٍ، اَنَّ رَسُوْلَ اللّٰهِ صَلَّی اللّٰهُ عَلَیْهِ وَسَلَّمَ قَالَ لِمَاعِزٍ حِیْنَ قَالَ اِنِّیْ زَنَیْتُ: لَعَلَّكَ غَمَزْتَ اَوْ نَظَرْتَ اَوْ قَبَّلْتَ قَالَ: کَأَنَّهٗ خَافَ اَنْ لَّا یَدْرِیْ مَا الزِّنَا.
It is narrated from Sayyiduna Ibn Abbas (may Allah be pleased with them both) that when Ma'iz (may Allah be pleased with him) said that he had committed adultery, the Messenger of Allah (peace and blessings be upon him) said to him: "Perhaps you only touched, or looked, or kissed." The narrator stated that it was as if the Prophet (peace and blessings be upon him) feared that he might not know what adultery actually is.
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
From the aforementioned hadith, it is understood that a judge (qadi) should remove all kinds of doubts and suspicions, and only after attaining certainty should he issue a verdict. It is narrated in Sahih al-Bukhari that when Ma'iz al-Aslami (radi Allahu anhu) confessed, the Messenger of Allah (sallallahu alayhi wa sallam) turned his face away. However, that man turned himself towards the direction in which the Prophet (sallallahu alayhi wa sallam) had turned his blessed face and said: "O Messenger of Allah! I have committed adultery." The Prophet (sallallahu alayhi wa sallam) again turned his face away. In this manner, the man came before him and confessed four times. Thus, when he had testified against himself four times, the Prophet (sallallahu alayhi wa sallam) called him near and asked: "Are you insane?" He replied: "No." The Prophet (sallallahu alayhi wa sallam) then asked: "Are you married?" He said: "Yes." Then the Prophet (sallallahu alayhi wa sallam) said: "Take him away and stone him." (Bukhari, no. 5271; Muslim, no. 1691)
From the aforementioned hadith, it is understood that a judge (qadi) should remove all kinds of doubts and suspicions, and only after attaining certainty should he issue a verdict. It is narrated in Sahih al-Bukhari that when Ma'iz al-Aslami (radi Allahu anhu) confessed, the Messenger of Allah (sallallahu alayhi wa sallam) turned his face away. However, that man turned himself towards the direction in which the Prophet (sallallahu alayhi wa sallam) had turned his blessed face and said: "O Messenger of Allah! I have committed adultery." The Prophet (sallallahu alayhi wa sallam) again turned his face away. In this manner, the man came before him and confessed four times. Thus, when he had testified against himself four times, the Prophet (sallallahu alayhi wa sallam) called him near and asked: "Are you insane?" He replied: "No." The Prophet (sallallahu alayhi wa sallam) then asked: "Are you married?" He said: "Yes." Then the Prophet (sallallahu alayhi wa sallam) said: "Take him away and stone him." (Bukhari, no. 5271; Muslim, no. 1691)
Source: Musnad Ishaq bin Rahwayh, Page: 653
