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سنن دارمي
Darimi
من كتاب الاحدودFrom the Book of Hudud (Legal Punishments)
باب الْمُعْتَرِفِ يَرْجِعُ عَنِ اعْتِرَافِهِ:Chapter: The Confessor Retracting His Confession
Hadith 2355
اُردوEn
أَخْبَرَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ الرَّقَاشِيُّ، حَدَّثَنَا يَزِيدُ بْنُ زُرَيْعٍ، حَدَّثَنَا مُحَمَّدٌ هُوَ ابْنُ إِسْحَاق بْنِ يَسَارٍ، حَدَّثَنَا مُحَمَّدُ بْنُ إِبْرَاهِيمَ التَّيْمِيُّ، عَنْ أَبِي الْهَيْثَمِ بْنِ نَصْرِ بْنِ دَهْرٍ الْأَسْلَمِيِّ، عَنْ أَبِيهِ، قَالَ: كُنْتُ فِيمَنْ رَجَمَهُ، قَالَ أَبُو مُحَمَّدٍ: يَعْنِي مَاعِزَ بْنَ مَالِكٍ، فلَمَّا وَجَدَ مَسَّ الْحِجَارَةِ، جَزِعَ جَزَعًا شَدِيدًا، قَالَ: فَذَكَرْنَا ذَلِكَ لِرَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، قَالَ: "فَهَلَّا تَرَكْتُمُوهُ ؟".
Abu Haitham bin Nasr bin Dahr Aslami narrated from his father Sayyiduna Nasr (may Allah be pleased with him), he said: I was among those who stoned him (Imam Darimi, may Allah have mercy on him, said) meaning at the time of the stoning of Ma'iz bin Malik Aslami (may Allah be pleased with him), and when the stones struck him, he became very distressed due to the pain. We mentioned this to the Messenger of Allah (peace and blessings be upon him), so he (peace and blessings be upon him) said: "Why did you not leave him?"
Brief Explanation
(Commentary on Hadith 2354)
It is narrated in Abu Dawud that when stones struck him, he ran away, but he was caught and stoned to death, and at the end it is mentioned: "You leave him; perhaps he would repent and Allah would forgive him."
Imam Malik and Imam Abu Hanifah rahimahumullah hold the view that if, during the execution of the prescribed punishment (hadd), he runs away, he should not be left; rather, after making him understand, he should be stoned to death. According to Imam Shafi'i and Imam Ahmad rahimahumullah and the majority of scholars, if the act of adultery (zina) was established by his own confession, then he should be left and the hadd should be suspended; then, if he confesses again, he should be stoned, otherwise not (Wahidi).
It is narrated in Abu Dawud that when stones struck him, he ran away, but he was caught and stoned to death, and at the end it is mentioned: "You leave him; perhaps he would repent and Allah would forgive him."
Imam Malik and Imam Abu Hanifah rahimahumullah hold the view that if, during the execution of the prescribed punishment (hadd), he runs away, he should not be left; rather, after making him understand, he should be stoned to death. According to Imam Shafi'i and Imam Ahmad rahimahumullah and the majority of scholars, if the act of adultery (zina) was established by his own confession, then he should be left and the hadd should be suspended; then, if he confesses again, he should be stoned, otherwise not (Wahidi).
