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مسند اسحاق بن راهويه
Musnad Ishaq
كتاب الدياتBook of Blood Money
Punishment for bestiality and homosexuality
Hadith 908
اُردوEn
اَخْبَرَنَا اَبُوْ عَامِرِ الْعَقَدِیِّ، نَا زُهَیْرٌ۔ وَهُوَ ابْنُ مُحَمَّدٍ، عَنْ عَمْرِو بْنِ اَبِیْ عَمْرٍو، عَنْ عِکْرِمَةَ، عَنِ ابْنِ عَبَّاسٍ، عَنْ رَسُوْلِ اللّٰهِ صَلَّی اللّٰهُ عَلَیْهِ وَسَلَّمَ قَالَ: مَنْ وَجَدْتُّمُوْہٗ یَأْتِیْ الْبَهِیْمَةَ، فَاقْتُلُوْهٗ وَاقْتُلُوا الْبَهِیْمَةَ، وَمَنْ وَجَدْتُّمُوْہٗ یَعْمَلُ عَمَلَ قَوْمِ لُوْطٍ، فَاقْتُلُوا الْفَاعِلَ وَالْمَفْعُوْلَ بِهٖ.
Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrated from the Messenger of Allah (peace and blessings be upon him), he (peace be upon him) said: "If you see anyone committing an evil act (a lustful act) with an animal, then kill that person and the animal. And if you see anyone committing the act of the people of Lot, then kill both the one who does it and the one to whom it is done (the active and the passive participant)."
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
From the aforementioned hadith, it is understood that the punishment for one who commits sodomy with an animal is execution, and there is no distinction between whether the person is married or unmarried. The animal with which sodomy is committed should also be killed. When Sayyiduna Ibn Abbas radi Allahu anhuma was asked about the reason for killing the animal, he replied: I have not heard anything about this from the Messenger of Allah sallallahu alayhi wa sallam. However, I think that due to the act of sodomy with it, the Messenger of Allah sallallahu alayhi wa sallam considered eating its meat or deriving benefit from it to be disliked. (Sunan al-Tirmidhi, no. 1455, its chain is Hasan Sahih)
Regarding the punishment for those who commit the act of the people of Lut, there are different opinions: It is narrated from Sayyiduna Abu Bakr and Sayyiduna Ali radi Allahu anhuma that such a person should be killed with the sword and then burned. It is narrated from Sayyiduna Umar and Sayyiduna Uthman radi Allahu anhuma that a wall should be collapsed upon him.
Imam Shafi'i, Abu Yusuf, and Imam Muhammad rahimahumullah have said that his punishment is the same as that of a fornicator (zani). Imam Malik and Ahmad rahimahumullah have said: He should in every case be stoned to death (rajm), whether he is unmarried or married. Imam Abu Hanifah rahimahullah has said: No hadd (prescribed punishment) will be enforced upon him, rather, as a discretionary punishment (ta'zir), a few lashes should be administered. (Tuhfat al-Ahwadhi: 4/847; Kitab al-Umm: 7/163; al-Mughni: 12/350; Nayl al-Awtar: 4/567)
However, they should be given a punishment similar to that of the people of Lut, who were sunk into the earth and upon whom a rain of stones was sent. (Nayl al-Awtar: 4/568)
From the aforementioned hadith, it is understood that the punishment for one who commits sodomy with an animal is execution, and there is no distinction between whether the person is married or unmarried. The animal with which sodomy is committed should also be killed. When Sayyiduna Ibn Abbas radi Allahu anhuma was asked about the reason for killing the animal, he replied: I have not heard anything about this from the Messenger of Allah sallallahu alayhi wa sallam. However, I think that due to the act of sodomy with it, the Messenger of Allah sallallahu alayhi wa sallam considered eating its meat or deriving benefit from it to be disliked. (Sunan al-Tirmidhi, no. 1455, its chain is Hasan Sahih)
Regarding the punishment for those who commit the act of the people of Lut, there are different opinions: It is narrated from Sayyiduna Abu Bakr and Sayyiduna Ali radi Allahu anhuma that such a person should be killed with the sword and then burned. It is narrated from Sayyiduna Umar and Sayyiduna Uthman radi Allahu anhuma that a wall should be collapsed upon him.
Imam Shafi'i, Abu Yusuf, and Imam Muhammad rahimahumullah have said that his punishment is the same as that of a fornicator (zani). Imam Malik and Ahmad rahimahumullah have said: He should in every case be stoned to death (rajm), whether he is unmarried or married. Imam Abu Hanifah rahimahullah has said: No hadd (prescribed punishment) will be enforced upon him, rather, as a discretionary punishment (ta'zir), a few lashes should be administered. (Tuhfat al-Ahwadhi: 4/847; Kitab al-Umm: 7/163; al-Mughni: 12/350; Nayl al-Awtar: 4/567)
However, they should be given a punishment similar to that of the people of Lut, who were sunk into the earth and upon whom a rain of stones was sent. (Nayl al-Awtar: 4/568)
Source: Musnad Ishaq bin Rahwayh, Page: 908
