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سنن نسائي
Nasai
كتاب آداب القضاةThe Book of the Etiquette of Judges
بَابُ : تَوْجِيهِ الْحَاكِمِ إِلَى مَنْ أُخْبِرَ أَنَّهُ، زَنَىChapter: The Judge Turning Toward One Who Tells Him That He Has Committed Zina
Hadith 5414
اُردوEn
أَخْبَرَنَا الْحَسَنُ بْنُ أَحْمَدَ الْكَرْمَانِيُّ ، قَالَ : حَدَّثَنَا أَبُو الرَّبِيعِ ، قَالَ : حَدَّثَنَا حَمَّادٌ ، قَالَ : حَدَّثَنَا يَحْيَى ، عَنْ أَبِي أُمَامَةَ بْنِ سَهْلِ بْنِ حُنَيْفٍ ، أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أُتِيَ بِامْرَأَةٍ قَدْ زَنَتْ , فَقَالَ : " مِمَّنْ ؟ " قَالَتْ : مِنَ الْمُقْعَدِ الَّذِي فِي حَائِطِ سَعْدٍ ، فَأَرْسَلَ إِلَيْهِ , فَأُتِيَ بِهِ مَحْمُولًا فَوُضِعَ بَيْنَ يَدَيْهِ فَاعْتَرَفَ ، فَدَعَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِإِثْكَالٍ , فَضَرَبَهُ وَرَحِمَهُ لِزَمَانَتِهِ وَخَفَّفَ عَنْهُ .
´It was narrated from Abu Umamah bin Sahl bin Hunaif that:` A woman who had committed Zina was brought to the Prophet [SAW]. He said: "With whom?" She said: "With the paralyzed man who lives in the garden of Sa'd." He was brought and placed before (the Prophet [SAW]) and he confessed. The Messenger of Allah [SAW] called for a bunch of palm leaves and hit him. He took pity on him because of his disability and was lenient with him.
Related hadith on this topic
Brief Explanation
1؎: The narration of Nasa’i is mursal, but in the reports of other scholars, there is an intermediary of “Sa‘id bin Sa‘d bin ‘Ubadah” (a minor Companion) or: some of the Companions of the Noble Prophet (sallallahu alayhi wa sallam), therefore the hadith is connected (muttasil), elevated (marfu‘), and authentic (sahih).
2؎: Since he was unmarried, the punishment of stoning (rajm) was not applied to him, and even in flogging (lashes), leniency was exercised.
2؎: Since he was unmarried, the punishment of stoning (rajm) was not applied to him, and even in flogging (lashes), leniency was exercised.
Explanation & Benefits
Hafiz Muhammad Ameen
(1) The heading established by Imam Nasa’i rahimahullah is intended to clarify the issue that if a judge receives information about a person having committed adultery (zina), he may summon that person and investigate the crime attributed to him. Furthermore, if the crime is proven, the prescribed punishment (hadd) will also be carried out. In the present era, the “suo motu” notice taken by the Chief Justice of the Supreme Court is of the same category, and this is a legitimate (mashru‘) action.
(2) From this blessed hadith, it is understood that the crime of adultery (zina) is established by a single confession. It is not necessary to obtain a confession three or four times.
(3) “He was shown mercy”—he was not married. He was, in any case, to be flogged, but due to his illness, there was a risk that he might die. Therefore, instead of flogging, he was beaten with a branch of a date palm, because the criminal cannot be killed by flogging.
(2) From this blessed hadith, it is understood that the crime of adultery (zina) is established by a single confession. It is not necessary to obtain a confession three or four times.
(3) “He was shown mercy”—he was not married. He was, in any case, to be flogged, but due to his illness, there was a risk that he might die. Therefore, instead of flogging, he was beaten with a branch of a date palm, because the criminal cannot be killed by flogging.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 5414
Shaykh Umar Farooq Saeedi
Benefits and Issues:
There is no comfort and ease for a person greater than that found in Allah’s Shari’ah. In the case of carrying out a prescribed punishment (hadd) on an extremely weak and ill person, an appropriate concession can be adopted.
There is no comfort and ease for a person greater than that found in Allah’s Shari’ah. In the case of carrying out a prescribed punishment (hadd) on an extremely weak and ill person, an appropriate concession can be adopted.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4472
