´Narrated 'Ubadah bin As-Samit:` "The Messenger of Allah (ﷺ) said: 'Take from me. For Allah has a way made for them : For the married person who commits adultery with a married person is one hundred lashes, then stoning. And for the virgin who commits adultery with a virgin is one hundred lashes and banishment for a year."
Hadith Referenceسنن ترمذي / كتاب الحدود عن رسول الله صلى الله عليه وسلم / 1434
Hadith Gradingالألبانی:صحيح، ابن ماجة (2550)
Hadith Takhrij«صحیح مسلم/الحدود 3 (1690) ، سنن ابی داود/ الحدود 23 (4415) ، سنن ابن ماجہ/الحدود 7 (2550) ، ( تحفة الأشراف : 5083) ، و مسند احمد (3/475) ، سنن الدارمی/الحدود 19 (2372) (صحیح)»
1؎: Those who were ordered to be confined in their homes for the crime of adultery and were told to wait for Allah’s command, Allah has now provided a way out for such people. This refers to the verse «واللاتي يأتين الفاحشة من نسآئكم فاستشهدوا عليهن أربعة منكم فإن شهدوا فأمسكوهن في البيوت حتى يتوفاهن الموت أو يجعل الله لهن سبيلا»: “And those among your women who commit indecency, call to witness four of you against them; then if they bear witness, confine them to the houses until death takes them or Allah ordains for them another way” (an-Nisa: 15). This was the temporary punishment for immoral women at the beginning of Islam, when the punishment for adultery (zina) had not yet been prescribed.
2؎: The majority of scholars and the four Imams hold the view that the punishment of flogging and stoning (rajm) cannot be combined, because if several prescribed punishments (hudud) are combined with execution, then execution alone suffices and the remaining hudud are dropped «واللہ اعلم».
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation: 1: Those who were commanded to be confined in their homes for the crime of adultery and were told to wait for Allah’s command, Allah has now provided a way out for such people. This is a reference to the verse: ﴿And those of your women who commit indecency, call to witness four among you against them; then if they bear witness, confine them to the houses until death takes them or Allah ordains for them another way﴾ (: al-Nisa: 15). (That is, from among your women who commit indecency, call for four witnesses from among yourselves; if they testify, then confine those women to their houses until death completes their lives, or Allah provides another way for them.) This was the temporary punishment for women at the beginning of Islam, before the punishment for adultery was specified.
2: This is the view of the majority of scholars and the four Imams (a’immah arba‘ah) that the punishments of flogging and stoning cannot be combined. For, if several prescribed punishments (hudud) are combined with execution (qatl), then execution alone suffices and the remaining hudud are dropped. (And Allah knows best.)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1434
´It was narrated from `Ubadah bin Samit that the Messenger of Allah (ﷺ) said:` “Learn from me. Allah (SWT) has ordained for them (women) another way. (If) a virgin (commits illegal sexual intercourse) with a virgin, (the punishment is) one hundred lashes and exile for one year. (If) a Thayyib (commits adultery) with a Thayyib (the punishment is) one hundred lashes and stoning.”
Maulana Ataullah Sajid
Commentary: Benefits and Issues: Prophetic Instruction: “Allah has prescribed a way for them.” This is a reference to the blessed verse in which this ruling was revealed: ﴿وَاللَّاتِييَأْتِينَالْفَاحِشَةَمِننِّسَائِكُمْفَاسْتَشْهِدُواعَلَيْهِنَّأَرْبَعَةًمِّنكُمْ ۖ فَإِنشَهِدُوافَأَمْسِكُوهُنَّفِيالْبُيُوتِحَتَّىٰيَتَوَفَّاهُنَّالْمَوْتُأَوْيَجْعَلَاللَّـهُلَهُنَّسَبِيلًا﴾ Translation: “Those among your women who commit indecency, call four witnesses from among yourselves against them; if they testify, then confine those women to their houses until death completes their term, or Allah makes for them another way.”
(2) The Messenger of Allah (sallallahu alayhi wa sallam) prescribed for married adulterers only the punishment of stoning to death (rajm), and did not have them flogged. As is stated in Hadith: 2549. From this it is understood that the punishment of flogging is subsumed within the punishment of stoning.
(3) The punishment for an unmarried person is one hundred lashes, and in addition, exile from the homeland for one year, so that by changing the environment, the urge to sin may be eliminated. In the present era, the punishment of imprisonment can be considered as a substitute for exile, provided that the environment of the prison does not encourage criminal behavior.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2550