Hadith 4071

حَدَّثَنَا مُحَمَّدُ بْنُ بَشَّارٍ ، حَدَّثَنِي حَمَّادُ بْنُ مَسْعَدَةَ ، قَالَا : حَدَّثَنَا قُرَّةُ بْنُ خَالِدٍ ، عَنْ حُمَيْدِ بْنِ هِلَالٍ ، عَنْ أَبِي بُرْدَةَ بْنِ أَبِي مُوسَى الْأَشْعَرِيِّ , عَنْ أَبِيهِ ، أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بَعَثَهُ إِلَى الْيَمَنِ ، ثُمَّ أَرْسَلَ مُعَاذَ بْنَ جَبَلٍ بَعْدَ ذَلِكَ ، فَلَمَّا قَدِمَ ، قَالَ : أَيُّهَا النَّاسُ ، إِنِّي رَسُولُ رَسُولِ اللَّهِ إِلَيْكُمْ . فَأَلْقَى لَهُ أَبُو مُوسَى وِسَادَةً لِيَجْلِسَ عَلَيْهَا , فَأُتِيَ بِرَجُلٍ كَانَ يَهُودِيًّا فَأَسْلَمَ ثُمَّ كَفَرَ ، فَقَالَ مُعَاذٌ : " لَا أَجْلِسُ حَتَّى يُقْتَلَ , قَضَاءُ اللَّهِ وَرَسُولِهِ " ثَلَاثَ مَرَّاتٍ , فَلَمَّا قُتِلَ قَعَدَ .
´It was narrated from Abu Burdah bin Abi Musa Al-Ash'ari, from his father:` "That the Prophet [SAW] sent him to Yemen, then he sent Mu'adh bin Jabal after that. When he arrived he said: 'O people, I am the envoy of the Messenger of Allah [SAW] to you.' Abu Musa gave him a cushion to sit down, then a man was brought who had been a Jew, then he became a Muslim, then he reverted to Kufr. Mu'adh said: 'I will not sit down until he is killed; this is the decree of Allah and His Messenger,' (saying it) three times. When he was killed, he sat down."
Hadith Reference سنن نسائي / كتاب تحريم الدم / 4071
Hadith Grading الألبانی: صحيح  |  زبیر علی زئی: إسناده صحيح
Hadith Takhrij «تفرد بہ النسائي (تحفة الأشراف: 9085) (صحیح)»
Related hadith on this topic
Explanation & Benefits
Hafiz Muhammad Ameen
(1) The relevance of the hadith to the chapter is absolutely clear: if an apostate does not repent from his apostasy, the ruling is that he should be killed.

(2) This hadith shows that every person can introduce himself, whether he is a person of status or an ordinary individual, just as Mu'adh radi Allahu anhu introduced himself to the people of Yemen.

(3) This hadith also indicates that scholars, rulers, and Muslim brothers may visit one another.

(4) The hadith also points to honoring the guest (ikram al-daif), as Abu Musa radi Allahu anhu laid out a cushion or bedding for the honorable guest Mu'adh radi Allahu anhu.

(5) The hadith also establishes the ruling that one should not delay in rejecting any evil or un-Islamic act.

(6) It is also established from this hadith that if a legal punishment (hadd) has become obligatory upon someone due to a crime, it is necessary to carry out the hadd upon him.

(7) This hadith is evidence that the implementation of the legal punishment (hadd) is the religious responsibility of the ruler of the time; negligence, carelessness, or pardoning at one’s own discretion is not permissible in this matter. And Allah knows best.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4071
Maulana Dawood Raz
Hadith Commentary:
The answer given by Muawiyah (radi Allahu anhu) itself clarifies the purpose of the chapter: that when the legal ruling is clear, he did not consider it necessary to seek permission from Abu Musa (radi Allahu anhu) either.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 7157
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
1.
In one narration, it is mentioned that the Messenger of Allah (sallallahu alayhi wa sallam) sent Mu'adh ibn Jabal and Abu Musa al-Ash'ari (radi Allahu anhum) as governors to two separate regions of Yemen. There was mutual visitation between these two companions. Thus, on one occasion, when Mu'adh ibn Jabal (radi Allahu anhu) came to meet Abu Musa al-Ash'ari (radi Allahu anhu), he saw that people were gathered there and noticed a man whose hands were tied to his neck. He inquired about him, and the situation was explained to him.

Mu'adh ibn Jabal (radi Allahu anhu) said:
"I will not dismount from my mount
until he is brought to justice."

Abu Musa al-Ash'ari (radi Allahu anhu) said:
"He has been brought here to be killed; please come down." But when Mu'adh (radi Allahu anhu) insisted, the man was executed, and then Mu'adh (radi Allahu anhu) dismounted from his mount.

(Sahih al-Bukhari, al-Maghazi, Hadith: 4341, 4342)

2.
Imam al-Bukhari (rahimahullah) deduced from this that Abu Musa al-Ash'ari (radi Allahu anhu) executed a Jewish apostate but did not inform the Messenger of Allah (sallallahu alayhi wa sallam) about it.

From this, it is understood that a subordinate governor can make decisions regarding hudud (prescribed punishments) and qisas (retaliatory punishments) without bringing it to the notice of the supreme authority, and doing so is not against the Shari'ah.

And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 7157