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سنن دارمي
Darimi
من كتاب الاحدودFrom the Book of Hudud (Legal Punishments)
باب في حَدِّ الْمُحْصَنِينَ بِالزِّنَا:Chapter: Punishment for Married Adulterers
Hadith 2359
اُردوEn
أَخْبَرَنَا أَخْبَرَنَا خَالِدُ بْنُ مَخْلَدٍ، حَدَّثَنَا مَالِكٌ، عَنْ الزُّهْرِيِّ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ بْنِ عُتْبَةَ، عَنِ ابْنِ عَبَّاسٍ، قَالَ: قَالَ عُمَرُ: "إِنَّ اللَّهَ تَعَالَى، بَعَثَ مُحَمَّدًا صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِالْحَقِّ، وَأَنْزَلَ عَلَيْهِ الْكِتَابَ، وَكَانَ فِيمَا أَنْزَلَ آيَةُ الرَّجْمِ، فَقَرَأْنَاهَا وَوَعَيْنَاهَا وَعَقَلْنَاهَا، وَرَجَمَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَرَجَمْنَا بَعْدَهُ، فَأَخْشَى إِنْ طَالَ بِالنَّاسِ زَمَانٌ أَنْ يَقُولَ الْقَائِلُ: لَا نَجِدُ حَدَّ آيَةِ الرَّجْمِ فِي كِتَابِ اللَّهِ، وَالرَّجْمُ فِي كِتَابِ اللَّهِ حَقٌّ عَلَى مَنْ زَنَى مِنَ الرِّجَالِ وَالنِّسَاءِ إِذَا أُحْصِنَّ، إِذَا قَامَتْ عَلَيْهِ الْبَيِّنَةُ، أَوْ كَانَ الْحَبَلُ أَوِ الِاعْتِرَافُ".
Sayyiduna Ibn Abbas (may Allah be pleased with them both) said: Sayyiduna Umar (may Allah be pleased with him) said: Allah Almighty sent Muhammad (peace be upon him) with the truth and revealed the Book (Qur'an) to him in which there was the verse of stoning, which we recited, memorized, and understood. Then the Messenger of Allah (peace be upon him) carried out stoning (of the adulterer), and after him, we also carried out stoning (of the adulterer). I fear that after a long time has passed over the people, someone may say: "We do not find the verse of stoning in the Noble Qur'an." Whereas in the Book of Allah, stoning is a right and established for the married man and woman who commit adultery, when evidence is found for adultery, or pregnancy becomes apparent, or by confession.
Brief Explanation
(Commentary on Hadith 2358)
It is established from this hadith that the proof of adultery (zina) is established in three ways: four witnesses, the confession of the perpetrator, or the woman being pregnant.
And if such a situation arises that a woman is neither married nor a slave-girl, yet she is pregnant, then according to Amir al-Mu’minin Sayyiduna Umar radi Allahu anhu and Imam Malik rahimahullah and their students, the prescribed punishment (hadd) for adultery will be applied to her.
However, according to Imam Shafi’i and Abu Hanifah rahimahuma Allah, the hadd will not be carried out merely on account of pregnancy unless witnesses to the act of adultery are found or she confesses to adultery.
From this hadith, it is understood that abrogation (naskh) is found in the Noble Qur’an, and the verse of stoning (ayat al-rajm) was present in the Qur’an, but now its recitation has been abrogated.
Sayyiduna Ubayy ibn Ka’b radi Allahu anhu said that Surah al-Ahzab was as long as Surah al-Baqarah; apart from what is present now, the rest was abrogated, and in it we used to recite: “When a married man or woman commits adultery, then stone them to death.” Later, its recitation was abrogated but the ruling remained.
The concern of Amir al-Mu’minin Sayyiduna Umar ibn al-Khattab radi Allahu anhu proved to be correct; only a short time had passed when the Mu’tazilah denied the punishment of stoning, saying that it is not present in the Book (the Qur’an). Apart from them, all the scholars of the Ummah have considered stoning to be established and obligatory to act upon, and whoever denies it is considered misguided.
It is established from this hadith that the proof of adultery (zina) is established in three ways: four witnesses, the confession of the perpetrator, or the woman being pregnant.
And if such a situation arises that a woman is neither married nor a slave-girl, yet she is pregnant, then according to Amir al-Mu’minin Sayyiduna Umar radi Allahu anhu and Imam Malik rahimahullah and their students, the prescribed punishment (hadd) for adultery will be applied to her.
However, according to Imam Shafi’i and Abu Hanifah rahimahuma Allah, the hadd will not be carried out merely on account of pregnancy unless witnesses to the act of adultery are found or she confesses to adultery.
From this hadith, it is understood that abrogation (naskh) is found in the Noble Qur’an, and the verse of stoning (ayat al-rajm) was present in the Qur’an, but now its recitation has been abrogated.
Sayyiduna Ubayy ibn Ka’b radi Allahu anhu said that Surah al-Ahzab was as long as Surah al-Baqarah; apart from what is present now, the rest was abrogated, and in it we used to recite: “When a married man or woman commits adultery, then stone them to death.” Later, its recitation was abrogated but the ruling remained.
The concern of Amir al-Mu’minin Sayyiduna Umar ibn al-Khattab radi Allahu anhu proved to be correct; only a short time had passed when the Mu’tazilah denied the punishment of stoning, saying that it is not present in the Book (the Qur’an). Apart from them, all the scholars of the Ummah have considered stoning to be established and obligatory to act upon, and whoever denies it is considered misguided.
