Toggle above to switch between keyword search and direct hadith lookup
موطا امام مالك رواية ابن القاسم
Muwatta Malik (Qasim)
Discussion on Giving Testimony
Presenting Four Witnesses If One Sees His Wife with Another Man
Hadith 523
اُردوEn
441- وبه: عن أبى هريرة: أن سعد بن عبادة قال لرسول الله صلى الله عليه وسلم: أرأيت إن وجدت مع امرأتي رجلا أمهله حتى آتي بأربعة؟ قال: ”نعم.“
And with the same chain of narration, it is narrated from Sayyiduna Abu Hurairah (may Allah be pleased with him) that Sayyiduna Sa'd bin 'Ubadah (may Allah be pleased with him) said to the Messenger of Allah (peace and blessings be upon him): "What do you think, if I see a man with my wife, should I give him respite until I bring four witnesses?" The Messenger of Allah (peace and blessings be upon him) said: "Yes!"
Explanation & Benefits
Hafiz Zubair Ali Zai
Takhrij al-Hadith:
[وأخرجه مسلم 1498/15، من حديث مالك به]
Jurisprudential Points:
➊ If a person kills someone who entered his house and then claims that the person was committing adultery with his wife, but does not present four witnesses, his claim is rejected and he is responsible for the murder.
➋ In the presence of an Islamic government, one should not take the law into one's own hands.
➌ Establishing hudud (prescribed punishments) is the responsibility of the Islamic government.
➍ Sa'd bin 'Ubadah radi Allahu anhu was very protective (possessed great ghayrah), but Allah Ta'ala is the most protective of all.
➎ The punishment for an unmarried adulterer is not death; rather, he is to be given one hundred lashes and may also be exiled.
➏ Before implementing the prescribed punishments (hudud), it is necessary to establish proof.
➐ In Syria, a man killed another man and claimed that he was committing adultery with his wife. Later, Sayyiduna Mu'awiyah bin Abi Sufyan radi Allahu anhu wrote a letter to Sayyiduna Abu Musa al-Ash'ari radi Allahu anhu to ask Sayyiduna Ali radi Allahu anhu about this matter. Sayyiduna Ali radi Allahu anhu replied: "I am Abu'l-Hasan; if he does not bring four witnesses, he will be killed." [الموطأ 737/2، 738 ح 1486، وسنده صحيح]
◄ It is evident from this that Sayyiduna Mu'awiyah radi Allahu anhu would also refer to Sayyiduna Ali radi Allahu anhu in scholarly matters.
[وأخرجه مسلم 1498/15، من حديث مالك به]
Jurisprudential Points:
➊ If a person kills someone who entered his house and then claims that the person was committing adultery with his wife, but does not present four witnesses, his claim is rejected and he is responsible for the murder.
➋ In the presence of an Islamic government, one should not take the law into one's own hands.
➌ Establishing hudud (prescribed punishments) is the responsibility of the Islamic government.
➍ Sa'd bin 'Ubadah radi Allahu anhu was very protective (possessed great ghayrah), but Allah Ta'ala is the most protective of all.
➎ The punishment for an unmarried adulterer is not death; rather, he is to be given one hundred lashes and may also be exiled.
➏ Before implementing the prescribed punishments (hudud), it is necessary to establish proof.
➐ In Syria, a man killed another man and claimed that he was committing adultery with his wife. Later, Sayyiduna Mu'awiyah bin Abi Sufyan radi Allahu anhu wrote a letter to Sayyiduna Abu Musa al-Ash'ari radi Allahu anhu to ask Sayyiduna Ali radi Allahu anhu about this matter. Sayyiduna Ali radi Allahu anhu replied: "I am Abu'l-Hasan; if he does not bring four witnesses, he will be killed." [الموطأ 737/2، 738 ح 1486، وسنده صحيح]
◄ It is evident from this that Sayyiduna Mu'awiyah radi Allahu anhu would also refer to Sayyiduna Ali radi Allahu anhu in scholarly matters.
Source: Muwatta Imam Malik (Narration of Ibn al-Qasim): Commentary by Zubair Ali Zai, Page: 441
