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سنن دارمي
Darimi
من كتاب الاحدودFrom the Book of Hudud (Legal Punishments)
باب الْحَامِلِ إِذَا اعْتَرَفَتْ بِالزِّنَا:Chapter: Pregnant Woman Confessing to Adultery
Hadith 2362
اُردوEn
حَدَّثَنَا وَهْبُ بْنُ جَرِيرٍ، حَدَّثَنَا هِشَامٌ، عَنْ يَحْيَى، عَنْ أَبِي قِلَابَةَ، عَنْ أَبِي الْمُهَلَّبِ، عَنْ عِمْرَانَ بْنِ حُصَيْنٍ: أَنَّ امْرَأَةً مِنْ جُهَيْنَةَ أَتَت ِالنَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَهِيَ حُبْلَى مِنَ الزِّنَاءِ، فَقَالَتْ: يَا رَسُولَ اللَّهِ، إِنِّي أَصَبْتُ حَدًّا فَأَقِمْهُ عَلَيَّ، فَدَعَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَلِيَّهَا، فَقَالَ: "اذْهَبْ فَأَحْسِنْ إِلَيْهَا، فَإِذَا وَضَعَتْ حَمْلَهَا، فَأْتِنِي بِهَا". فَفَعَلَ، فَأَمَرَ بِهَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَشُكَّتْ عَلَيْهَا ثِيَابُهَا ثُمَّ أَمَرَ بِهَا فَرُجِمَتْ ثُمَّ صَلَّى عَلَيْهَا، فَقَالَ عُمَرُ: يَا رَسُولَ اللَّهِ أَتُصَلِّي عَلَيْهَا وَقَدْ زَنَتْ ؟، فَقَالَ: "لَقَدْ تَابَتْ تَوْبَةً لَوْ قُسِمَتْ بَيْنَ سَبْعِينَ مِنْ أَهْلِ الْمَدِينَةِ لَوَسِعَتْهُمْ، وَهَلْ وَجَدْتَ أَفْضَلَ مِنْ أَنْ جَادَتْ بِنَفْسِهَا لِلَّهِ عَزَّ وَجَلَّ ؟".
It is narrated from Sayyiduna Imran bin Husain (may Allah be pleased with him) that a woman from the tribe of Juhaina came to the Noble Prophet (peace and blessings be upon him) who had become pregnant as a result of adultery. She said: O Messenger of Allah (peace and blessings be upon him)! I have committed an act deserving of the prescribed punishment, so establish the punishment upon me. The Messenger of Allah (peace and blessings be upon him) called her guardian and said: "Take her and keep her well; when she gives birth, bring her to me." So he did so. Then the Messenger of Allah (peace and blessings be upon him) gave orders regarding her, and her clothes were tied firmly around her. Then he ordered, and she was stoned to death. Then the Messenger of Allah (peace and blessings be upon him) offered the funeral prayer over her. Sayyiduna Umar (may Allah be pleased with him) said: O Messenger of Allah! You are offering the funeral prayer over one who committed adultery? The Messenger of Allah (peace and blessings be upon him) said: "She has repented with such a repentance that if her repentance were distributed among seventy people of Madinah, it would be sufficient for all of them. Have you seen anyone better than the one who sacrificed her life for Allah?"
Brief Explanation
(Commentary on Hadith 2361)
From this hadith, it is understood that the prescribed punishment (hadd) for adultery is not to be carried out immediately upon a pregnant woman; rather, it is necessary to wait until she has given birth. Then, if someone takes responsibility for the nursing and upbringing of the child, the punishment will be carried out; otherwise, it will be delayed until the child is weaned, as is established from the preceding hadith. Furthermore, it is emphasized to treat such a pregnant woman with kindness and good conduct, because ignorant men and women make life unbearable for her through taunts and reproaches, making living even more difficult than dying.
It is also understood from this hadith that when stoning (rajm) a woman, her private parts should be properly covered; for this reason, the scholars of the ummah have ruled that a man should be stoned while standing, and a woman should be placed in a pit and then stoned.
This hadith also establishes that the funeral prayer (salat al-janazah) for a man or woman who has received the punishment of stoning should be performed by both the general public and the elite, as mentioned above.
From this hadith, it is understood that the prescribed punishment (hadd) for adultery is not to be carried out immediately upon a pregnant woman; rather, it is necessary to wait until she has given birth. Then, if someone takes responsibility for the nursing and upbringing of the child, the punishment will be carried out; otherwise, it will be delayed until the child is weaned, as is established from the preceding hadith. Furthermore, it is emphasized to treat such a pregnant woman with kindness and good conduct, because ignorant men and women make life unbearable for her through taunts and reproaches, making living even more difficult than dying.
It is also understood from this hadith that when stoning (rajm) a woman, her private parts should be properly covered; for this reason, the scholars of the ummah have ruled that a man should be stoned while standing, and a woman should be placed in a pit and then stoned.
This hadith also establishes that the funeral prayer (salat al-janazah) for a man or woman who has received the punishment of stoning should be performed by both the general public and the elite, as mentioned above.
