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سنن دارمي
Darimi
من كتاب الاحدودFrom the Book of Hudud (Legal Punishments)
باب الاِعْتِرَافِ بِالزِّنَا:Chapter: Confession of Adultery
Hadith 2354
اُردوEn
أَخْبَرَنَا مُحَمَّدُ بْنُ يُوسُفَ، حَدَّثَنَا سُفْيَانُ بْنُ عُيَيْنَةَ، عَنْ الزُّهْرِيِّ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ بْنِ عُتْبَةَ، عَنْ أَبِي هُرَيْرَةَ، وَزَيْدِ بْنِ خَالِدٍ، وَشِبْلٍ، قَالُوا: جَاءَ رَجُلٌ إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، فَقَالَ: أَنْشُدُكَ اللَّهَ إِلَّا قَضَيْتَ بَيْنَنَا بِكِتَابِ اللَّهِ، فَقَالَ خَصْمُهُ وَكَانَ أَفْقَهَ مِنْهُ: صَدَقَ، اقْضِ بَيْنَنَا بِكِتَابِ اللَّهِ، وَأْذَنْ لِي يَا رَسُولَ اللَّهِ أَنْ أَتَكَلَّمَ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "قُلْ"، فَقَالَ: إِنَّ ابْنِي كَانَ عَسِيفًا عَلَى أَهْلِ هَذَا، فَزَنَى بِامْرَأَتِهِ، فَافْتَدَيْتُ مِنْهُ بِمِائَةِ شَاةٍ وَخَادِمٍ، وَإِنِّي سَأَلْتُ رِجَالًا مِنْ أَهْلِ الْعِلْمِ، فَأَخْبَرُونِي أَنَّ عَلَى ابْنِي جَلْدَ مِائَةٍ وَتَغْرِيبَ عَامٍ، وَأَنَّ عَلَى امْرَأَةِ هَذَا الرَّجْمَ، فَقَالَ: "وَالَّذِي نَفْسِي بِيَدِهِ، لَأَقْضِيَنَّ بَيْنَكُمَا بِكِتَابِ اللَّهِ: الْمِائَةُ شَاةٍ وَالْخَادِمُ رَدٌّ عَلَيْكَ، وَعَلَى ابْنِكَ جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ، وَيَا أُنَيْسُ اغْدُ عَلَى امْرَأَةِ هَذَا فَسَلْهَا، فَإِنْ اعْتَرَفَتْ، فَارْجُمْهَا"، فَاعْتَرَفَتْ، فَرَجَمَهَا.
Sayyiduna Abu Hurairah, Sayyiduna Zaid bin Khalid, and a young man (may Allah be pleased with them) said: A man came to the Noble Prophet (peace and blessings be upon him) and said: I ask you by Allah to judge between us according to the Book of Allah. Upon this, his opponent, who was more understanding than him, said: He has spoken the truth, judge between us according to the Book of Allah, but O Messenger of Allah! Allow me to say something. The Messenger of Allah (peace and blessings be upon him) said: "Say, what do you have to say?" So he said: My son was a servant in this man's house and he committed adultery with his wife. In compensation, I gave him one hundred sheep and a servant, and I asked the people of knowledge, and they told me that my son is liable for one hundred lashes and exile for one year, and his wife is liable for stoning. The Messenger of Allah (peace and blessings be upon him) upon hearing this said: "By Him in Whose hand is my soul, I will judge between you according to the Book of Allah. The one hundred sheep and the servant will be returned to you, and your son will be given one hundred lashes and exiled for one year." Then he (peace and blessings be upon him) said: "O Anas! Go to this man's wife in the morning and ask her; if she confesses (to adultery), then stone her." The woman confessed, and Anas stoned her.
Brief Explanation
(Commentary on Hadith 2353)
From this hadith, it is understood that the punishment for a married adulterer is stoning (rajm), and for an unmarried person, the punishment is one hundred lashes and one year of exile. The scholars of the Hanafi school do not accept exile, but this explicit and authentic hadith is contrary to their view. This hadith also shows that making a settlement (reconciliation) in the case of adultery is also incorrect, because the protection of honor and public interest is achieved through the prescribed punishments (hudud), not through monetary compensation.
From this hadith, a legal aspect is also derived: if the criminal confesses to his crime himself, then the law is applied to him; in this case, witnesses are not required. And from this, the prescribed legal punishment (hadd) of stoning for adultery is also established.
In the Noble Qur’an, the punishment for an unmarried adulterer is only one hundred lashes; in this hadith, it is lashes and one year of exile, and this is the correct view.
All scholars are agreed upon this except the people of Kufa; they say exile is not necessary, but the Rightly Guided Caliphs also acted upon this. However, for an unmarried adulteress, the punishment is only lashes, not exile.
From this hadith, it is understood that the punishment for a married adulterer is stoning (rajm), and for an unmarried person, the punishment is one hundred lashes and one year of exile. The scholars of the Hanafi school do not accept exile, but this explicit and authentic hadith is contrary to their view. This hadith also shows that making a settlement (reconciliation) in the case of adultery is also incorrect, because the protection of honor and public interest is achieved through the prescribed punishments (hudud), not through monetary compensation.
From this hadith, a legal aspect is also derived: if the criminal confesses to his crime himself, then the law is applied to him; in this case, witnesses are not required. And from this, the prescribed legal punishment (hadd) of stoning for adultery is also established.
In the Noble Qur’an, the punishment for an unmarried adulterer is only one hundred lashes; in this hadith, it is lashes and one year of exile, and this is the correct view.
All scholars are agreed upon this except the people of Kufa; they say exile is not necessary, but the Rightly Guided Caliphs also acted upon this. However, for an unmarried adulteress, the punishment is only lashes, not exile.
