Muwatta Imam Malik (Riwayat Ibn al-Qasim)

And with this same chain of narration, it is reported from Urwah (bin Zubair) that Lady Aisha, may Allah be pleased with her, said: Utbah bin Abi Waqqas entrusted his brother Sa’d bin Abi Waqqas (at the time of his death) with the responsibility that the son of Zam’ah (bin Qais bin Abd Shams)’s slave woman is from my seed, so keep him in your custody. In the year of the conquest of Makkah, Sa’d took the boy and said: This is my nephew; my brother entrusted me with responsibility regarding him. Then Abd bin Zam’ah stood up towards him and said: He is my brother and the son of my father’s slave woman, and he was born on his (my father’s) bed. Both of them presented themselves before the Messenger of Allah, peace and blessings be upon him. Sa’d said: O Messenger of Allah! This is my brother’s son; my brother made a bequest to me regarding him. Abd bin Zam’ah said: He is my brother and the son of my father’s slave woman, and he was born on his bed. So the Messenger of Allah, peace and blessings be upon him, said: “O Abd bin Zam’ah! He is assigned to you; the child will be attributed to the one on whose bed he was born, and for the adulterer there is the stone (i.e., stoning to death).” Then when the Messenger of Allah, peace and blessings be upon him, saw that the boy resembled Utbah (bin Abi Waqqas), he said to his wife Sawdah bint Zam’ah (bin Qais): “Observe veil from him.” Aisha, may Allah be pleased with her, said: So that boy did not see Sawdah, may Allah be pleased with her, until her death.

And with this chain of narration, it is reported from ‘Ubaydullah bin ‘Abdullah bin ‘Utbah bin Mas‘ud (may Allah have mercy on him), that he was informed by Sayyiduna Abu Hurairah (may Allah be pleased with him) and Sayyiduna Zayd bin Khalid al-Juhani (may Allah be pleased with him) that two men presented their dispute in the gathering of the Messenger of Allah (peace and blessings of Allah be upon him). One of them said: “O Messenger of Allah! Decide between us according to the Book of Allah.” The other, who was more intelligent of the two, said: “Yes, O Messenger of Allah! Decide between us according to the Book of Allah, and allow me to speak.” The Prophet (peace and blessings of Allah be upon him) said: “Speak.” So he said: “My son was a «عسيف» laborer for this man, and he committed adultery with this man’s wife. Then it was reported that my son would be stoned. So I gave one hundred sheep and a slave-girl as ransom. Then afterwards, I asked the people of knowledge, and they informed me that my son should be given one hundred lashes and exiled for one year, and stoning is only for his wife.” The Messenger of Allah (peace and blessings of Allah be upon him) said: “By Him in Whose hand is my soul, I will judge between you both according to the Book of Allah. Your sheep and your slave-girl will be returned to you.” The Prophet (peace and blessings of Allah be upon him) ordered that his son be given one hundred lashes and exiled for one year, and he ordered Sayyiduna Anas al-Aslami (may Allah be pleased with him) to go to the wife of the other man, and if she confessed to adultery, then she should be stoned. The woman confessed, so she was stoned. Imam Malik said: «عسيف» refers to a laborer.

And with this same chain (it is narrated from Sayyiduna Ibn Umar, may Allah be pleased with them both) that Jews came to the Messenger of Allah, peace and blessings be upon him, and informed him that a man and a woman among them had committed adultery with each other. The Messenger of Allah, peace and blessings be upon him, said to them: "What do you find about stoning in the Torah?" They said: "We disgrace (the adulterers) and flog them." Sayyiduna Abdullah bin Salam, may Allah be pleased with him, said: "You have lied; the verse of stoning is present in the Torah. Bring the Torah and read it." Then they opened the Torah, and one of them placed his hand over the verse of stoning, and he read from before and after it. Sayyiduna Abdullah bin Salam, may Allah be pleased with him, said to him: "Lift your hand." When he lifted his hand, there was the verse of stoning. The Jews said: "O Muhammad (peace and blessings be upon him), he has spoken the truth; here is the verse of stoning." Then the Messenger of Allah, peace and blessings be upon him, ordered, and they were stoned. Sayyiduna Abdullah bin Umar, may Allah be pleased with him, said: "I saw that the man would bend over the woman to shield her from the stones."