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سنن دارمي
Darimi
من كتاب الاحدودFrom the Book of Hudud (Legal Punishments)
باب في تَفْسِيرِ قَوْلِ اللَّهِ تَعَالَى: {أَوْ يَجْعَلَ اللَّهُ لَهُنَّ سَبِيلاً}:Chapter: Explanation of Allah’s Saying: “Or Allah May Make a Way for Them”
Hadith 2364
اُردوEn
أَخْبَرَنَا بِشْرُ بْنُ عُمَرَ الزَّهْرَانِيُّ، حَدَّثَنَا حَمَّادُ بْنُ سَلَمَةَ، عَنْ قَتَادَةَ، عَنْ الْحَسَنِ، عَنْ حِطَّانَ بْنِ عَبْدِ اللَّهِ، عَنْ عُبَادَةَ بْنِ الصَّامِتِ: أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، قَالَ: "خُذُوا عَنِّي خُذُوا عَنِّي . قَدْ جَعَلَ اللَّهُ لَهُنَّ سَبِيلًا: الْبِكْرُ بِالْبِكْرِ، وَالثَّيِّبُ بِالثَّيِّبِ: الْبِكْرُ جَلْدُ مِائَةٍ وَنَفْيُ سَنَةٍ، وَالثَّيِّبُ جَلْدُ مِائَةٍ وَالرَّجْمُ" .
It is narrated from Sayyiduna ‘Ubada bin Samit (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: “Take (the rulings of Shari‘ah) from me, take (the command of the religion) from me. Allah Almighty has made a way for those women. If an unmarried man commits fornication with an unmarried woman, the punishment is one hundred lashes and exile for one year. And if a married man commits adultery with a married woman, the punishment is one hundred lashes and stoning.”
Brief Explanation
(Explanation of Hadith 2363)
By «خُذُوْا عَنِّيْ» is meant: "Take the ruling of fornication from me; Allah has clarified their path, He has made a way out for them." This was said because it was revealed in the Noble Qur’an: «﴿وَاللَّاتِي يَأْتِينَ الْفَاحِشَةَ مِنْ نِسَائِكُمْ فَاسْتَشْهِدُوا عَلَيْهِنَّ أَرْبَعَةً مِنْكُمْ فَإِنْ شَهِدُوا فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّى يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللّٰهُ لَهُنَّ سَبِيلًا﴾ [النساء : 15]» meaning, "Those among your women who commit fornication, bring against them four witnesses from among yourselves. If they testify, then confine them to their houses until death overtakes them or Allah makes a way for them."
In this verse, Muslims were commanded to wait, and on this basis, the Prophet sallallahu alayhi wa sallam said: "Take the ruling of fornication from me; Allah has made a way out for them."
From this hadith, it is understood that if an unmarried (virgin) woman commits fornication, then both (the man and the woman) are to be given one hundred lashes and one year of exile. If a married man commits fornication with a married woman, then both are to be given one hundred lashes and stoning (rajm). And if a virgin commits fornication with a previously married woman (thayyibah), then the punishment for the virgin is one hundred lashes, and for the woman it is one hundred lashes and then stoning. This is the position of one group, and many other scholars agree with it. According to the scholars of Kufa, exile is not necessary for the unmarried, although Ibn al-Mundhir has said that all the Rightly Guided Caliphs agreed upon the implementation of exile, so it is as if there is consensus (ijma‘) on this. Apparently, the unmarried fornicating woman should also be exiled after being given one hundred lashes, but Imam Malik and Shafi‘i rahimahumallah have said that the woman should not be exiled.
According to the majority of scholars, the punishment for a married adulterer and adulteress is only stoning (rajm), not one hundred lashes. Their evidence is the incident of Sayyiduna Ma‘iz al-Aslami radi Allahu anhu, the Ghamidiyyah, and the Jewish woman; the Prophet sallallahu alayhi wa sallam said: «أُغْدُ يَا أُنَيْسُ إِلَى امْرَأَةِ هٰذَا فَإِنِ اعْتَرَفَتْ فَارْجُمْهَا.» — in this, there is only the command of stoning, not of lashes. Similarly, the two Shaykhs (Abu Bakr and ‘Umar radi Allahu anhuma) during their caliphates also only carried out stoning, not lashes. And the truth is that the Imam has discretion in this matter: whether he administers lashes and then stones, or suffices with stoning alone.
(Wahidi).
By «خُذُوْا عَنِّيْ» is meant: "Take the ruling of fornication from me; Allah has clarified their path, He has made a way out for them." This was said because it was revealed in the Noble Qur’an: «﴿وَاللَّاتِي يَأْتِينَ الْفَاحِشَةَ مِنْ نِسَائِكُمْ فَاسْتَشْهِدُوا عَلَيْهِنَّ أَرْبَعَةً مِنْكُمْ فَإِنْ شَهِدُوا فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّى يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللّٰهُ لَهُنَّ سَبِيلًا﴾ [النساء : 15]» meaning, "Those among your women who commit fornication, bring against them four witnesses from among yourselves. If they testify, then confine them to their houses until death overtakes them or Allah makes a way for them."
In this verse, Muslims were commanded to wait, and on this basis, the Prophet sallallahu alayhi wa sallam said: "Take the ruling of fornication from me; Allah has made a way out for them."
From this hadith, it is understood that if an unmarried (virgin) woman commits fornication, then both (the man and the woman) are to be given one hundred lashes and one year of exile. If a married man commits fornication with a married woman, then both are to be given one hundred lashes and stoning (rajm). And if a virgin commits fornication with a previously married woman (thayyibah), then the punishment for the virgin is one hundred lashes, and for the woman it is one hundred lashes and then stoning. This is the position of one group, and many other scholars agree with it. According to the scholars of Kufa, exile is not necessary for the unmarried, although Ibn al-Mundhir has said that all the Rightly Guided Caliphs agreed upon the implementation of exile, so it is as if there is consensus (ijma‘) on this. Apparently, the unmarried fornicating woman should also be exiled after being given one hundred lashes, but Imam Malik and Shafi‘i rahimahumallah have said that the woman should not be exiled.
According to the majority of scholars, the punishment for a married adulterer and adulteress is only stoning (rajm), not one hundred lashes. Their evidence is the incident of Sayyiduna Ma‘iz al-Aslami radi Allahu anhu, the Ghamidiyyah, and the Jewish woman; the Prophet sallallahu alayhi wa sallam said: «أُغْدُ يَا أُنَيْسُ إِلَى امْرَأَةِ هٰذَا فَإِنِ اعْتَرَفَتْ فَارْجُمْهَا.» — in this, there is only the command of stoning, not of lashes. Similarly, the two Shaykhs (Abu Bakr and ‘Umar radi Allahu anhuma) during their caliphates also only carried out stoning, not lashes. And the truth is that the Imam has discretion in this matter: whether he administers lashes and then stones, or suffices with stoning alone.
(Wahidi).
