By: Imrān Ayyūb Lāhorī
➊ Ibn ʿUmar (RA):
The Messenger of Allāh ﷺ said:
“Man ḥālati shafāʿatuhu dūna ḥaddin min ḥudūdillāh fahuwa muḍāddun lillāh fī amrih.”
“Whoever intercedes so that one of the prescribed punishments of Allāh is not carried out, he has opposed Allāh’s command.”
[Ṣaḥīḥ: Sunan Abī Dāwūd: 3066, 3597; Musnad Aḥmad: 5544; al-Ḥākim: 4/383]
➋ ʿĀ’ishah (RA):
When a noblewoman from the Makhzūm tribe stole, her family asked Usāmah ibn Zayd (RA) to intercede. When he spoke to the Prophet ﷺ, the Prophet ﷺ said:
“Atashfaʿu fī ḥaddin min ḥudūdillāh?”
“Are you interceding regarding one of the limits set by Allāh?”
[Muslim: 1688; al-Bukhārī: 3732]
➌ In another narration, the Prophet ﷺ said:
“Hallā kāna qabl an ta’tiyanī bih.”
“Why did you not do this before the case was brought to me?”
[Ṣaḥīḥ: Irwā’ al-Ghalīl: 2317; Aḥmad: 6/466; Abū Dāwūd: 4394; al-Nasā’ī: 8/69]
➍ The Prophet ﷺ further said:
“Taʿāfū al-ḥudūd fīmā baynakum, famā balaghanī min ḥaddin faqad wajab.”
“Pardon ḥudūd among yourselves, but once a case has reached me, it becomes obligatory to carry it out.”
[Ṣaḥīḥ: Abū Dāwūd: 3680, 4376; al-Nasā’ī: 8/60; al-Ḥākim: 4/383]
Ibn ʿAbd al-Barr (رحمه الله): There is consensus that once a ḥadd reaches the ruler, it becomes obligatory to implement it.
[al-Istidhkār: 24/177]
➊ In the case of the Ghamīdiyyah woman, it is narrated:
“…Fa-ḥufira lahā ilā ṣadrihā wa amara al-nāsa farajamūhā.”
“A pit was dug for her up to her chest, then the people were commanded and they stoned her.”
[Muslim: 1695; Abū Dāwūd: 4442; Musnad Aḥmad: 5/347]
➋ Regarding another man who confessed to zinā, the Companions said:
“Fakharajnā bihi faḥafarnā lahu.”
“We went out with him and dug a pit for him.”
[Ḥasan: Abū Dāwūd: 3728, 4435; Musnad Aḥmad: 3/379]
➌ As for Māʿiz (RA), when stoned, he ran due to the pain, showing he was not fixed in a pit.
[Muslim: 1694; Aḥmad: 3/61; Abū Dāwūd: 4431; al-Dārimī: 2/178]
Rājiḥ View: The opinion of Imām Abū Yūsuf (رحمه الله) is stronger, supported by practice in multiple authentic narrations.
❖ Intercession in Ḥudūd is Prohibited
➊ Ibn ʿUmar (RA):
The Messenger of Allāh ﷺ said:
“Man ḥālati shafāʿatuhu dūna ḥaddin min ḥudūdillāh fahuwa muḍāddun lillāh fī amrih.”
“Whoever intercedes so that one of the prescribed punishments of Allāh is not carried out, he has opposed Allāh’s command.”
[Ṣaḥīḥ: Sunan Abī Dāwūd: 3066, 3597; Musnad Aḥmad: 5544; al-Ḥākim: 4/383]
➋ ʿĀ’ishah (RA):
When a noblewoman from the Makhzūm tribe stole, her family asked Usāmah ibn Zayd (RA) to intercede. When he spoke to the Prophet ﷺ, the Prophet ﷺ said:
“Atashfaʿu fī ḥaddin min ḥudūdillāh?”
“Are you interceding regarding one of the limits set by Allāh?”
[Muslim: 1688; al-Bukhārī: 3732]
➌ In another narration, the Prophet ﷺ said:
“Hallā kāna qabl an ta’tiyanī bih.”
“Why did you not do this before the case was brought to me?”
[Ṣaḥīḥ: Irwā’ al-Ghalīl: 2317; Aḥmad: 6/466; Abū Dāwūd: 4394; al-Nasā’ī: 8/69]
➍ The Prophet ﷺ further said:
“Taʿāfū al-ḥudūd fīmā baynakum, famā balaghanī min ḥaddin faqad wajab.”
“Pardon ḥudūd among yourselves, but once a case has reached me, it becomes obligatory to carry it out.”
[Ṣaḥīḥ: Abū Dāwūd: 3680, 4376; al-Nasā’ī: 8/60; al-Ḥākim: 4/383]
Ibn ʿAbd al-Barr (رحمه الله): There is consensus that once a ḥadd reaches the ruler, it becomes obligatory to implement it.
[al-Istidhkār: 24/177]
❖ Digging a Pit for the Person to be Stoned
➊ In the case of the Ghamīdiyyah woman, it is narrated:
“…Fa-ḥufira lahā ilā ṣadrihā wa amara al-nāsa farajamūhā.”
“A pit was dug for her up to her chest, then the people were commanded and they stoned her.”
[Muslim: 1695; Abū Dāwūd: 4442; Musnad Aḥmad: 5/347]
➋ Regarding another man who confessed to zinā, the Companions said:
“Fakharajnā bihi faḥafarnā lahu.”
“We went out with him and dug a pit for him.”
[Ḥasan: Abū Dāwūd: 3728, 4435; Musnad Aḥmad: 3/379]
➌ As for Māʿiz (RA), when stoned, he ran due to the pain, showing he was not fixed in a pit.
[Muslim: 1694; Aḥmad: 3/61; Abū Dāwūd: 4431; al-Dārimī: 2/178]
❖ Reconciling the Reports
- Possibly, no pit was dug for Māʿiz initially, but later it was made standard practice.
- A pit was dug, but he still managed to escape.
- Affirmative narrations (stating a pit was dug) take precedence over negating ones.
[Nayl al-Awṭār: 4/560]
❖ Juristic Opinions
- Abū Ḥanīfah & al-Shāfiʿī (رحمهما الله): No pit is dug for a man.
- Abū Yūsuf (رحمه الله): A pit is dug for both men and women.
Rājiḥ View: The opinion of Imām Abū Yūsuf (رحمه الله) is stronger, supported by practice in multiple authentic narrations.
