Daraqutni

Sayyiduna Ali (may Allah be pleased with him) narrates: A slave woman belonging to the Prophet (peace and blessings be upon him) gave birth to a child as a result of adultery. Sayyiduna Ali (may Allah be pleased with him) narrates: The Prophet (peace and blessings be upon him) said to me: "I will carry out the prescribed punishment (hadd) on her." The condition of that slave woman was that her postnatal bleeding (nifas) had not yet ended, and she was not yet pure. I submitted: "O Messenger of Allah! Her postnatal bleeding has not yet ended, and she is not yet pure." So the Prophet (peace and blessings be upon him) said: "When she becomes pure, then carry out the prescribed punishment (hadd) on her." The Prophet (peace and blessings be upon him) also said: "Establish the prescribed punishments (hudud) on those under your ownership (slaves and slave women)." Shu'bah, Isra'il, Shareek, Ibrahim bin Tahman, and Abu Waki' have also followed up this narration from Abdula'la.

Abu Abdur Rahman narrates: Sayyiduna Ali (may Allah be pleased with him) while delivering a sermon said: "O people! Fear Allah, and if your male or female slaves commit adultery, then flog them, whether they are married or not, because a slave girl belonging to the Prophet (peace and blessings of Allah be upon him) committed this crime, so the Prophet (peace and blessings of Allah be upon him) ordered me to flog her." Sayyiduna Ali (may Allah be pleased with him) says: I went to that slave girl, and not much time had passed since her postpartum period (i.e., after giving birth to a child), and I feared that if I flogged her, she would die. I returned to the Prophet (peace and blessings of Allah be upon him) and mentioned this to him. I said: "O Messenger of Allah! If I flog her, I fear she will die, so I left her until she recovers, then I will flog her." The Prophet (peace and blessings of Allah be upon him) said: "You did well."

Abu Abdur Rahman narrates: I heard Sayyiduna Ali (may Allah be pleased with him) mention the same regarding the Prophet (peace and blessings be upon him), however, in it are these words: I left that slave-girl until she became well and recovered.

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "When a man's slave-girl commits adultery, he should flog her, but not speak ill of her verbally. If she commits this crime again, he should flog her, but not speak ill of her verbally. If she commits this crime yet again, he should flog her, but not speak ill of her verbally. If she does it a fourth time, he should sell her, even if it is in exchange for a rope made of animal hair." (Here the narrator is in doubt as to which word was used for rope, ḥabl or ḍafīr.)

This narration is also transmitted with another chain of transmission.

This narration is also transmitted with another chain of narration; however, in it, they have not stated that they narrated it from their father.

This narration is also transmitted with another chain of transmission.

This narration is also transmitted with another chain of transmission.

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "When a man's slave-girl commits adultery, he should punish her (with lashes) according to the command of Allah's Book, but he should not verbally abuse her. If she does it again, he should do the same. If she does it yet again, he should do the same. If the slave-girl commits it a fourth time, he should punish her with lashes according to the command of Allah's Book and then sell her, even if it is for a rope made of hair."

This narration is also transmitted with another chain of transmission.

Sayyiduna Abu Hurairah (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "When a man's slave-girl commits adultery and her adultery is proven, then that man should administer the legal punishment of lashes to her, but should not verbally abuse her." (The narrator says) The Noble Prophet (peace and blessings be upon him) said this three times, then on the third or perhaps the fourth time, he said: "Then he should sell her, even if it is in exchange for a rope made of hair." In this hadith, the word used, "dhafeer," refers to a rope.

The same narration is also transmitted with another chain, however, in it are these words: "Even with a naqeez of hair." (Here, naqeez also means rope.)

Amr bin Shu’aib narrates from his father, from his grandfather: The Prophet Muhammad (peace be upon him) said: “There will be no li’an (mutual cursing) between four types of people: a free man (as husband) and a slave woman (as wife, there will be no li’an between them), a free woman (as wife) and a slave (as husband, there will be no li’an between them), a Muslim (husband) and a Jewish (wife), and a Muslim (husband) and a Christian (wife), there will also be no li’an between them.” The narrator named Uthman bin Abdur Rahman is Waqasi and is considered abandoned in hadith.

Amr bin Shu'aib narrates from his father, from his grandfather: The Prophet Muhammad (peace be upon him) said: "There will be no li'an (mutual cursing) between four types of women (and their husbands): a Christian woman who is the wife of a Muslim, a Jewish woman who is the wife of a Muslim, a slave woman who is the wife of a free man, and a free woman who is the wife of a slave." Uthman bin Ata is from Khurasan and he is very weak, and Yazid bin Bazi' al-Ramli, the narrator, has narrated it from Ata, but he is also weak. This narration has been reported from Amr bin Shu'aib, from his father, from his grandfather, as his own statement by Imam Awza'i and Ibn Jurayj; both are Imams and both have narrated this as a marfu' (attributed to the Prophet) hadith.

Amr bin Shu'aib narrates from his father, who narrates from his grandfather: The Prophet Muhammad (peace be upon him) said: (And he narrated it as his own statement, not as a marfu' hadith). With another chain, it is narrated: Sayyiduna Abdullah bin Amr (may Allah be pleased with them both) said: "There will be no li'an between four types of women and their husbands: the Jewish woman who is the wife of a Muslim, the Christian woman who is the wife of a Muslim, the free woman who is the wife of a slave, and the slave woman who is the wife of a free man."

Amr bin Shu'aib narrates from his father, from his grandfather: The Prophet Muhammad (peace be upon him) sent Sayyiduna Attab bin Asid (after that, he narrated the hadith as previously mentioned). The narrators of this narration—Hammad bin Amr, Ammar bin Matar, and Zaid bin Rafi'—are weak.

Qabeesah bin Zuhaib narrates: Sayyiduna Umar bin Khattab (may Allah be pleased with him) gave a hundred lashes to a man who had intercourse with a slave woman who was the wife of another slave, and that slave had not divorced her. Sayyiduna Umar (may Allah be pleased with him) also gave a verdict regarding a man who first denied the paternity of a woman's child while the child was still in her womb, then later acknowledged it while the child was still in her womb, and when the child was born, he again denied it. So Sayyiduna Umar (may Allah be pleased with him) ordered that, as punishment for the accusation he made against the woman (the hadd of qadhf), he should be given eighty lashes, and Sayyiduna Umar (may Allah be pleased with him) attributed the lineage of the child to the woman.

Sayyiduna Ali bin Abi Talib (may Allah be pleased with him) said: "If a person commits an offense liable to hadd and I carry out the hadd punishment on him and, because of this, he dies, then I think that I must pay his blood money, except for the person upon whom the hadd punishment for drinking wine is carried out, because regarding this, the Noble Prophet (peace and blessings of Allah be upon him) did not prescribe anything (specifically)."

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates: In the blessed time of the Prophet (peace and blessings of Allah be upon him), those who drank alcohol were beaten with hands, shoes, and sticks, until the Prophet (peace and blessings of Allah be upon him) passed away. Then, during the time of Sayyiduna Abu Bakr (may Allah be pleased with him), more cases of drinking alcohol were presented than in the blessed era of the Prophet (peace and blessings of Allah be upon him), so Sayyiduna Abu Bakr (may Allah be pleased with him) ordered forty lashes for them. When he passed away, Sayyiduna Umar (may Allah be pleased with him) also ordered forty lashes for those who drank alcohol. Until a person from among the earliest Muhajirun was brought before Sayyiduna Umar (may Allah be pleased with him) who had drunk alcohol. When he was ordered to be lashed, he said: How can you lash me when the command of Allah’s Book is between you and me? Sayyiduna Umar (may Allah be pleased with him) asked: From where did you find in Allah’s Book the command that I should not lash you? He said: Allah has stated in His Book: “Those who believe and do righteous deeds, there is no sin upon them for what they have consumed.” (He said) I am among those who believed, did righteous deeds, adopted piety, and became believers, then became pious and did good (as mentioned in the Qur’an). I participated with the Prophet (peace and blessings of Allah be upon him) in the Battle of Badr, the Battle of Uhud, the Battle of Khandaq, and all other battles. So Sayyiduna Umar (may Allah be pleased with him) said to the others: Why do you not answer what he has said? Sayyiduna Ibn Abbas (may Allah be pleased with them both) said: This verse was revealed as an excuse for the people who had passed away, as a proof against the hypocrites, because Allah the Exalted has said: “O you who believe! Indeed, intoxicants and gambling...” Sayyiduna Ibn Abbas recited both verses completely and said: If he is among those who believed and did righteous deeds, then Allah has forbidden them from drinking alcohol. Sayyiduna Umar (may Allah be pleased with him) said: You have spoken the truth. (Then he asked the others) What is your opinion about this matter (what punishment should I give him)? Sayyiduna Ali (may Allah be pleased with him) said: Whoever drinks alcohol becomes intoxicated, when he becomes intoxicated he raves, and when he raves he falsely accuses of adultery, and the one who falsely accuses of adultery is given eighty lashes. So, by the order of Sayyiduna Umar (may Allah be pleased with him), that person was given eighty lashes.

Sa’ib bin Yazid narrates: He was present with Sayyiduna Umar (may Allah be pleased with him) when he had a man flogged from whom the smell of wine was detected.

Sa’ib bin Yazid narrates: Sayyiduna Umar bin Khattab (may Allah be pleased with him) had a man flogged and completed the full hadd (i.e., eighty lashes), because he detected the smell of alcohol from that man.

Sayyiduna Anas (may Allah be pleased with him) narrates: A Jewish man passed by a girl who was wearing some jewelry. He (snatched the jewelry, wounded the girl, and) threw her into a well. When the girl was taken out, there was still some life left in her. She was asked: "Who killed you?" She replied: "So-and-so Jew." That Jew was brought to the service of the Prophet (peace and blessings be upon him), and he confessed to his crime. So, by the order of the Prophet (peace and blessings be upon him), he was also killed.

Sayyiduna Anas bin Malik (may Allah be pleased with him) narrates: A Jew killed a girl after snatching her jewelry; this Jew killed the girl by striking her with stones. When the girl was brought to the Prophet (peace and blessings be upon him), there was still some life left in her. The Prophet (peace and blessings be upon him) asked her: "Did so-and-so kill you?" She replied by shaking her head: "No." The Prophet (peace and blessings be upon him) again asked her: "Did so-and-so kill you?" She again replied by shaking her head: "No." The Prophet (peace and blessings be upon him) asked her a third time: "Did so-and-so kill you?" She replied by shaking her head: "Yes." So the Prophet (peace and blessings be upon him) had the Jew's head placed between two stones and crushed, thus killing him.

This narration is also transmitted with another chain, however, Qatadah has narrated in his version that the Jew had confessed to his crime.

Sayyiduna Anas (may Allah be pleased with him) narrates: A Jew snatched the necklace of an Ansari girl, wounded her, and threw her into a pit, crushing her head with a stone. So the Prophet (peace and blessings of Allah be upon him) ordered that he (the Jew) be stoned to death, and he was stoned.

Sayyiduna Jabir (may Allah be pleased with him) narrates: A man committed adultery, so by the order of the Noble Prophet (peace and blessings be upon him) he was flogged as the prescribed punishment. Later, it was reported to the Noble Prophet (peace and blessings be upon him) that the man was a muhsan (married), so by the order of the Noble Prophet (peace and blessings be upon him) he was stoned to death.

Sayyiduna Jabir bin Abdullah (may Allah be pleased with him) narrates: A man committed adultery with a woman, so by the order of the Noble Prophet (peace and blessings be upon him), he was flogged as the prescribed punishment. Later, it was reported to the Noble Prophet (peace and blessings be upon him) that the man was a muhsan (i.e., married), so by the order of the Noble Prophet (peace and blessings be upon him), he was stoned to death.

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates: Once, the Prophet Muhammad (peace and blessings be upon him) was delivering a sermon to the people on Friday, when a man from Banu Layth bin Bakr came and, stepping over people’s necks, reached close to the Prophet (peace be upon him). He said, “O Messenger of Allah! Carry out the prescribed punishment on me.” The Prophet (peace be upon him) said to him, “Sit down.” He rebuked him, so he sat down. Then he stood up again and said, “O Messenger of Allah! Carry out the prescribed punishment on me.” The Prophet (peace be upon him) said, “Sit down.” He sat down. Then for the third time, he stood up and said, “O Messenger of Allah! Carry out the prescribed punishment on me.” The Prophet (peace be upon him) asked, “What punishable (offense) have you committed?” He replied, “I have committed unlawful intercourse with a woman.” The Prophet (peace be upon him) said to his companions, among whom were Sayyiduna Ali, Sayyiduna Abbas, Sayyiduna Zayd bin Harithah, and Sayyiduna Uthman (may Allah be pleased with them), “Take him and flog him.” That man from Banu Layth was not married. It was asked, “O Messenger of Allah! Why do you not have the woman flogged with whom he sinned?” The Prophet (peace be upon him) said, “Flog him, then bring him back to me.” When he was brought to the Prophet (peace be upon him), the Prophet (peace be upon him) asked him, “Who is your female partner?” He replied, “Such-and-such woman.” He named a woman from Banu Bakr. The Prophet (peace be upon him) summoned that woman and questioned her about it. She said, “He has lied, by Allah! I do not even know him, and I am innocent of the accusation he has made, and Allah is witness to what I am saying.” The Prophet (peace be upon him) asked the man, “What proof do you have regarding this matter, that you sinned with this woman? For this woman denies that you sinned with her. If you have any proof, I will have her flogged, and if you have no proof, I will have you flogged for falsely accusing her of adultery.” The man said, “O Messenger of Allah! I have no proof.” So, by the order of the Prophet (peace be upon him), he was flogged eighty lashes as the punishment for falsely accusing of adultery.

Saeed bin Musayyib narrates: When Sayyiduna Umar (may Allah be pleased with him) performed Hajj for the last time, after which he did not get the opportunity to perform Hajj again, during this Hajj a Muslim man was found murdered in the residential area of Banu Wada'ah. Sayyiduna Umar (may Allah be pleased with him) sent a message to them; this happened after the Hajj was performed. Sayyiduna Umar (may Allah be pleased with him) asked them: "Do you know who among you killed him?" They replied: "No." Sayyiduna Umar (may Allah be pleased with him) took fifty thousand of them and made them stand in Hatim, and took an oath from them: "By Allah, the Lord of this Sacred House, the Lord of this Sacred City, the Lord of this Sacred Month, you people did not kill him, and you do not know about his killer." Those people took this oath. When they had taken this oath, Sayyiduna Umar (may Allah be pleased with him) said: "Either you pay the aggravated blood money for this person according to the value of camels, or pay a full blood money and one third of the blood money (in amount) according to dirhams and dinars." Then one of them, whose name was Sinan, asked Sayyiduna Umar (may Allah be pleased with him): "When we have taken the oath, is this not sufficient in place of this payment?" Sayyiduna Umar (may Allah be pleased with him) replied: "No, I have judged among you according to the decision of your Prophet." So those people chose to pay a full blood money and one third of the blood money (in amount) according to dinars. The narrator of this narration, Umar bin Subh, is abandoned in hadith.

Saeed bin Musayyib narrates: Sayyiduna Umar (may Allah be pleased with him) fixed the blood money of a Jew and a Christian at four thousand dirhams, and the blood money of a Magian at eight hundred dirhams.

Saeed bin Musayyib narrates: Sayyiduna Umar (may Allah be pleased with him) fixed the blood money of a Jew and a Christian at four thousand dirhams, and the blood money of a Magian at eight hundred dirhams.

Sayyiduna Ibn Umar (may Allah be pleased with them both) narrates: A man was brought to the Prophet (peace and blessings be upon him) who had become intoxicated due to drinking date wine, so the Prophet (peace and blessings be upon him) ordered him to be flogged.

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates: The Noble Prophet (peace and blessings be upon him) set the blood money (diyah) of two individuals from the Amir tribe equal to that of a Muslim. Shaykh Abu Bakr says: That is, the diyah of each of them was equal to that of a Muslim, even though both individuals were dhimmis.

Amr bin Shu'aib narrates from his father, from his grandfather: The Prophet Muhammad (peace be upon him) set the blood money (diyah) of the People of the Book at half that of a Muslim. Ibn Wahb has narrated these words: "The blood money of a disbeliever is set at half that of a Muslim."

Amr bin Shu'aib narrates from his father, from his grandfather: The Prophet Muhammad (peace be upon him) gave this ruling: The blood money (diyah) of both types of People of the Book (i.e., Jews and Christians) will be equal to that of the Muslims. (The narrator says) By this is meant the Jews and the Christians.

Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) said: In the blood money for accidental killing, there will be five types (of camels): twenty will be Jadh’ah, twenty will be Hiqqah, twenty will be Bint Labun, twenty will be Banu Labun, and twenty will be Banat Makhad.

This narration is also transmitted with another chain. Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) says: In the blood money for accidental killing, there will be five types (of camels): twenty will be jaz’ah, twenty will be hiqqah, twenty will be bint labun, twenty will be bint makhad, and twenty will be male ibn labun. Its chain is hasan and all its narrators are trustworthy.

This narration is also transmitted with another chain of transmission.

Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) gave the verdict that the blood money (diyah) for accidental killing is the payment of one hundred camels, of which twenty will be hiqqah, twenty jadh’ah, twenty bint labun, twenty bint makhad, and twenty ibn makhad. This hadith is weak, and according to the experts of hadith, it is not established in several respects. One reason is that this narration contradicts the narration transmitted by Sayyiduna Abdullah bin Mas'ud’s (may Allah be pleased with him) son, Abu Ubaidah, with an authentic chain, a chain that cannot be criticized, and this narration cannot be interpreted otherwise. Abu Ubaidah is more knowledgeable about the hadith narrated by his father, his school of thought, and his fatwa than Khushaf bin Malik and others like him. Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) was extremely God-fearing and very firm in his religion; it cannot be expected of him that he would narrate a report from the Noble Prophet (peace and blessings be upon him) that the Prophet (peace and blessings be upon him) gave such a verdict and then issue a fatwa contrary to it. Such a thing cannot even be imagined about a personality like Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him). In fact, when a certain issue was presented before him, he replied: “I have not heard anything from the Noble Prophet (peace and blessings be upon him) regarding this, nor do I have any knowledge of any narration from the Noble Prophet (peace and blessings be upon him) about this matter. Therefore, I will present my own opinion in this issue; if it is correct, then it is from Allah and His Messenger, and if there is any mistake in it, then it is from myself.” Later, when Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) learned that the fatwa he had given on this issue was in accordance with the verdict of the Noble Prophet (peace and blessings be upon him), his companions saw that he was so pleased that his fatwa matched the verdict of the Noble Prophet (peace and blessings be upon him), and his companions had never seen him so happy before. So, how can it be correct about someone with such a quality and state that he would narrate a report from the Noble Prophet (peace and blessings be upon him) and then issue a fatwa contrary to it? This is also supported by the narration transmitted by Sayyiduna Abdullah bin Mas'ud’s (may Allah be pleased with him) son, Abu Ubaidah, and this narration has been transmitted by Waki’, Abdullah bin Wahb, and other hadith scholars from Sufyan Thawri, Mansur, and Ibrahim Nakha’i regarding Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him), who said: The payment of blood money (diyah) for accidental killing will be in the form of five types of camels.

Ibrahim al-Nakha'i narrated regarding Sayyiduna Abdullah (may Allah be pleased with him): He says: The payment of blood money for accidental killing will be in the form of five types of camels. Then after this, Ibrahim has explained it in the same words as Abu Ubaidah and Alqamah have narrated from Sayyiduna Abdullah ibn Mas'ud (may Allah be pleased with him). If the irsal (disconnection) in this narration is accepted, even then Ibrahim al-Nakha'i is the most knowledgeable about Sayyiduna Abdullah ibn Mas'ud (may Allah be pleased with him), his opinions, and his fatwas, because he acquired this knowledge from his maternal uncle Alqamah, Aswad, and Abdur Rahman, and besides them, from the senior students of Sayyiduna Abdullah ibn Mas'ud (may Allah be pleased with him). Ibrahim al-Nakha'i says: "When I say before you that Sayyiduna Abdullah ibn Mas'ud (may Allah be pleased with him) said this, it means that I have heard this from several students of Sayyiduna Abdullah ibn Mas'ud (may Allah be pleased with him), but if I have heard something from only one person, then I will mention his name before you."

Another aspect of this issue is that the marfu' narration in which Banu Makhad is mentioned, to our knowledge, only Khashaf bin Malik has narrated it from Sayyiduna Abdullah, and he is an unknown person. Only Zaid bin Jubair Hashimi has narrated hadiths from him, and the experts of hadith do not present such a narration as evidence in which an unknown narrator is alone in transmitting it. According to them, acting upon any narration is established only when the person narrating it is just and well-known, or at least not considered unknown, and then two or more people narrate it from him, because in this case, he cannot be considered unknown and will be counted as known. But if only one person has narrated from him, and he is alone in transmitting that narration, then such a narration will be suspended until another narration comes in agreement with it. And Allah knows best.

Another aspect is that, to our knowledge, the narration of Khashaf bin Malik has only been transmitted from Zaid bin Jubair by Hajjaj bin Arta'ah, and Hajjaj is a person who is famous for tadlis (concealing the source of a narration), and he also narrates from those whom he has not met and from whom he has not heard hadiths. Shaykh Abu Mu'awiyah Dareer says: Hajjaj once said to me: "No one should ask me about the source of a narration, that is, when I narrate something to you, do not ask me who told you about it." Yahya bin Zakariya narrates: One day I was with Hajjaj bin Arta'ah, he ordered the door to be closed, then said: "I have not heard any narration from Zuhri, from Ibrahim al-Nakha'i and Sha'bi I have heard only one narration each, I have not heard any narration from so-and-so, nor from so-and-so." In this way, he mentioned about seventeen people, all of whom were those from whom Hajjaj narrates, and after narrating from them, he said that he had not met them and had not heard any narration from them.

Sufyan bin 'Uyaynah, Yahya bin Sa'id al-Qattan, and Isa bin Yunus, after sitting with him and knowing about him, declared his narrations to be abandoned, and it is sufficient for you that these people are experts in the science of narrators. Sufyan bin 'Uyaynah says: "Once I went to Hajjaj bin Arta'ah, I was listening to his speech, he mentioned something which I considered wrong, so I did not narrate anything from him." Yahya bin Sa'id al-Qattan says: "I saw Hajjaj bin Arta'ah in Mecca, but I did not note down any hadith from him, nor did I note down any hadith from anyone on his authority, because Yahya bin Sa'id considered Hajjaj to be confused in narrations." Yahya bin Ma'in says: "The narration transmitted by Hajjaj bin Arta'ah cannot be presented as evidence." Abdullah bin Idris says: "I heard Hajjaj saying that a man does not become wise until he leaves congregational prayer." Isa bin Yunus says: "I heard Hajjaj saying that when I go out to pray, laborers and vegetable sellers obstruct me on the way." Jarir narrates: "I heard Hajjaj saying that the love of wealth and status has destroyed me."

Another aspect of this issue is that several trustworthy narrators have transmitted this hadith from Hajjaj bin Arta'ah, and in transmitting it from him, there is disagreement in this narration. Abdur Rahim bin Sulayman has narrated it from Hajjaj in the words that we have already mentioned from them, and in this, Abdul Wahid bin Ziyad has agreed with him.

Sayyiduna Abdullah ibn Mas'ud (may Allah be pleased with him) says: The Prophet (peace and blessings of Allah be upon him) gave the verdict regarding the blood money for accidental killing: In it, five types of camels will be given: twenty jadh'a, twenty banat labun, twenty banu labun, twenty banat makhad, and twenty male banu makhad. He mentioned banu labun instead of hiqqah.