Bk 17 Pertaining to Punishments Prescribed by
Islam (Kitab Al−Hudud)
INTRODUCTION
The penal laws of Islam are called Hudud in the Hadith and
Fiqh. This word is the plural of Hadd, which means prevention,
hindrance, restraint, prohibition, and hence a restrictive
ordinance or statute of God, respecting things lawful and
unlawful. Punishments are divided into two classes, one of
which is called Hadd and the other Ta'zir. The Hadd is a
measure of punishment defined by the Qur'an and the Sunnah. In
Ta'zir, the court, is allowed to use its discretion in regard
to the form and measure in which such punishment is to be
inflicted. Punishments by way of Hadd are of the following
forms: death by stoning, amputation of a limb or limbs,
flogging by one hundred or eighty strokes. They are prescribed
respectively for the following offences: adultery committed by
married persons, theft, highway robbery, drunkenness and
slander imputing unchastity to women. The punishments
described above are the maximum punishments for the above
mentioned crimes. These can be reduced keeping in view the
circumstances in which the crimes were committed, the nature
of the evidence, and the motive of the criminal with which he
committed the crime.
Chapter 1: PUNISHMENT FOR THEFT AND THE MINIMUM LIMIT
ACCORDING TO WHICH IT IS IMPOSED UPON AN OFFENDER
Bk 17, Number 4175:
'A'isha reported that Allah's Messenger (may peace be upon
him) cut off the hand of a thief for a quarter of a dinar rid
upwards.
Bk 17, Number 4176:
This hadith has been transmitted on the authority of Zuhri.
Bk 17, Number 4177:
'A'isha reported Allah's Messenger (may peace be upon him) as
saying: The hand of a thief should not be cut off but for a
quarter of a dinar and upwards.
Bk 17, Number 4178:
'A'isha reported: I heard Allah's Messenger (may peace be upon
him) as saying: The hand (of a thief) should not be cut off
but for a quarter of a dinar and what is above that.
Bk 17, Number 4179:
'A'isha reported that she heard Allah's Apostle (may peace be
upon him) as saying: The hand of the thief may not be cut off
but for a quarter of a dinar and upwards.
Bk 17, Number 4180:
A hadith like this has been narrated on the authority of Yazid
b. 'Abdullah b. al−Had with the same chain of transmitters.
Bk 17, Number 4181:
'A'isha reported that during the lifetime of Allah's Messenger
(may peace be upon him) the hand of the thief was not cut off
for less than the price of a shield, iron coat or armour and
both of them are valuable.
Bk 17, Number 4182:
This hadith has been narrated on the authority of Hisham
through another chain of transmitters, and in the hadith
narrated by 'Abd al−Rahim and Abu Usama (the words are):" That
(the shield) was valuable those days."
Bk 17, Number 4183:
Ibn 'Umar reported that Allah's Messenger (may peace upon him)
cut off the hand of a thief (in case of the theft) of a shield
the price of which was three dirhams.
Bk 17, Number 4184:
This hadith has been narrated on the authority of Ibn 'Umar
through some other chains of transmitters but with a slight
variation of words.
Bk 17, Number 4185:
Abu Huraira reported Allah's Messenger (may peace be upon him)
as saying: Let there be the curse of Allah upon the thief who
steals an egg and his hand is cut off, and steals a rope and
his hand is cut off.
Bk 17, Number 4186:
This hadith is narrated on the authority of A'mash with the
same chain of transmitters with a slight variation of words.
Chapter 2: PROHIBITION OF IN RERCESSION REGARDING PRESCRIBED
PUNISHMENT FOR THEFT AND OTHER (CRIMES) IN CASE OF IMPORTANT
PERSONS
Bk 17, Number 4187:
'A'isha reported that the Quraish had been anxious about the
Makhzumi woman who had committed theft, and said: Who will
speak to Allah's Messenger (may peace be upon him) about her?
They said: Who dare it, but Usama, the loved one of Allah's
Messenger (may peace be upon him)? So Usama spoke to him.
Thereupon Allah's Messenger (may peace be upon him) said: Do
you intercede regarding one of the punishments prescribed by
Allah? He then stood up and addressed (people) saying: O
people, those who have gone before you were destroyed, because
if any one of high rank committed theft amongst them, they
spared him; and it anyone of low rank committed theft, they
inflicted the prescribed punishment upon him. By Allah, if
Fatima, daughter of Muhammad, were to steal, I would have her
hand cut off. In the hadith transmitted on the authority of
Ibn Rumh (the words are):" Verily those before you perished."
Bk 17, Number 4188:
'A'isha, the wife of Allah's Apostle (may peace be upon him),
reported that the Quraish were concerned about the woman who
had committed theft during the lifetime of Allah's Apostle
(may peace be upon him), in the expedition of Victory (of
Mecca). They said: Who would speak to Allah's Messenger (may
peace be upon him) about her? They (again) said: Who can dare
do this but Usama b Zaid, the loved one of Allah's Messenger
(may peace be upon him)? She was brought to Allah's Messenger
(may peace be upon him) and Usama b. Zaid spoke about her to
him (interceded on her behalf). The colour of the face of
Allah's Messenger (may peace be upon him) changed, and he
said: Do you intercede in one of the prescribed punishments of
Allah? He (Usama) said: 'Messenger of Allah, seek forgiveness
for me. When it was dusk. Allah's Messenger (may peace be upon
him) stood up and gave an address. He (first) glorified Allah
as He deserves, and then said: Now to our topic. This
(injustice) destroyed those before you that when any one of
(high) rank committed theft among them, they spared him, and
when any weak one among them committed theft, they inflicted
the prescribed punishment upon him. By Him in Whose Hand is my
life, even if Fatima daughter of Muhammad were to commit
theft, I would have cut off her hand. He (the Holy Prophet)
then commanded about that woman who had committed theft, and
her hand was cut off. 'A'isha (further) said: Hers was a good
respentance, and she later on married and used to come to me
after that, and I conveyed her needs (and problems) to Allah's
Messenger (may peace be upon him).
Bk 17, Number 4189:
'A'isha reported that a woman from the tribe of Makhzum used
to borrow things (from people) and then denied (having taken
them). Allah's Apostle (may peace be upon him) commanded her
hand to be cut off. Her relatives came to Usama b. Zaid and
spoke to him (requesting him to intercede on her behalf). He
spoke to Allah's Messenger (may peace be upon him) about her.
The rest of the hadith is the same.
Bk 17, Number 4190:
Jaibir reported that a woman from the tribe of Makhzum
committed theft. She was brought to Allah's Apostle (may peace
be upon him) and she sought refuge (intercession) from Umm
Salama, the wife of Allah's Apostle (may peace be upon him).
Thereupon Allah's Apostle (may peace be upon him) said: By
Allah, even if she were Fatima, I would have her hand cut off.
And thus her hand was cut off.
Chapter 3: PRESCRIBED PUNISHMENT FOR AN ADULTERER AND AN
ADULTERESS
Bk 17, Number 4191:
'Ubada b. as−Samit reported: Allah's Messenger (may peace be
upon him) as saying: Receive (teaching) from me, receive
(teaching) from me. Allah has ordained a way for those
(women). When an unmarried male commits adultery with an
unmarried female (they should receive) one hundred lashes and
banishment for one year. And in case of married male
committing adultery with a married female, they shall receive
one hundred lashes and be stoned to death.
Bk 17, Number 4192:
'Ubada b. as−Samit reported that whenever Allah's Apostle (may
peace be upon him) received revelation, he felt its rigour and
the complexion of his face changed. One day revelation
descended upon him, he felt the same rigour. When it was over
and he felt relief, he said: Take from me. Verily Allah has
ordained a way for them (the women who commit fornication),:
(When) a married man (commits adultery) with a married woman,
and an unmarried male with an unmarried woman, then in case of
married (persons) there is (a punishment) of one hundred
lashes and then stoning (to death). And in case of unmarried
persons, (the punishment) is one hundred lashes and exile for
one year.
Bk 17, Number 4193:
This hadith has been reported on the authority of Qatada with
the same chain of transmitters except with this variation that
the unmarried is to be lashed and exiled, and the married one
is to be lashed and stoned. There is neither any mention of
one year nor that of one hundred.
Chapter 4: STONING OF A MARRIED ADULTERER
Bk 17, Number 4194:
'Abdullah b. 'Abbas reported that 'Umar b. Khattab sat on the
pulpit of Allah's Messenger (may peace be upon him) and said:
Verily Allah sent Muhammad (may peace be upon him) with truth
and He sent down the Book upon him, and the verse of stoning
was included in what was sent down to him. We recited it,
retained it in our memory and understood it. Allah's Messenger
(may peace be upon him) awarded the punishment of stoning to
death (to the married adulterer and adulteress) and, after
him, we also awarded the punishment of stoning, I am afraid
that with the lapse of time, the people (may forget it) and
may say: We do not find the punishment of stoning in the Book
of Allah, and thus go astray by abandoning this duty
prescribed by Allah. Stoning is a duty laid down in Allah's
Book for married men and women who commit adultery when proof
is established, or it there is pregnancy, or a confession.
Bk 17, Number 4195:
This hadith has been narrated on the authority of Zuhri with
the same chain of transmitters.
Chapter 5: HE WHO CONFESSES HIS GUILT OF ADULTERY
Bk 17, Number 4196:
Abu Huraira reported that a person from amongst the Muslims
came to Allah's Messenger (may peace be upon him) while he was
in the mosque. He called him saying: Allah's Messenger. I have
committed adultery. He (the Holy Prophet) turned away from
him, He (again) came round facing him and said to him: Allah's
Messenger, I have committed adultery. He (the Holy Prophet)
turned away until he did that four times, and as he testified
four times against his own self, Allah's Messenger (may peace
be upon him) called him and said: Are you mad? He said: No. He
(again) said: Are you married? He said: Yes. Thereupon Allah's
Messenger (may peace be upon him) said: Take him and stone
him. Ibn Shihab (one of the narrators) said: One who had heard
Jabir b. 'Abdullah saying this informed me thus: I was one of
those who stoned him. We stoned him at the place of prayer
(either that of 'Id or a funeral). When the stones hurt him,
he ran away. We caught him in the Harra and stoned him (to
death). This hadith has been narrated through another chain of
transmitters.
Bk 17, Number 4197:
This hadith has been narrated on the authority of Abu Huraira
through other chains of transmitters.
Bk 17, Number 4198:
Jabir b. Samura reported: As he was being brought to Allah's
Apostle (may peace be upon him) I saw Ma'iz b. Malik−a
short−statured person with strong sinews, having no cloak
around him. He bore witness against his own self four times
that he had committed adultery, whereupon Allah's Messenger
(may peace be upon him) said: Perhaps (you kissed her or
embraced her). He said: No. by God, one deviating (from the
path of virtue) has committed adultery. He then got him stoned
(to death), and then delivered the address: Behold, as we set
out for Jihad in the cause of Allah, one of you lagged behind
and shrieked like the bleating of a male goat, and gave a
small quantity of milk. By Allah, in case I get hold of him, I
shall certainly punish him.
Bk 17, Number 4199:
Jabir b. Samura reported that there was brought to Allah's
Messenger (may peace be upon him) a short−statured person with
thick uncombed hair, muscular body, having a mantle around him
and he had committed adultery. He turned him away twice and
then made pronouncement about him and he was stoned. Then
Allah's Messenger (may peace be upon him) said: We set out for
Jihad in the cause of Allah and one of you lagged behind and
shrieked like the bleating of a male goat and one of then
(goats' gave a small quantity of milk. In case Allah gives me
power over one of them, I will punish him (in such a way that
it may have a deterrent effect upon others). In another
narration transmitted on the authority of Sa'id b Jubair (the
words are), that He (the Holy Prophet) turned him away four
times."
Bk 17, Number 4200:
This hadith has been narrated on the authority of Jabir b.
Samura through another chain of transmitters with the
difference that along with the mentioning (of the fact) that
he (the Holy Prophet) turned him away twice, or thrice.
Bk 17, Number 4201:
Ibn Abbas reported that Allah's Apostle (may peace be upon
him) said to Ma'iz b. Malik: Is it true what has reached me
about you? He said: What has reached you about me? He said: It
has reached me that you have committed (adultery) with the
slave−girl of so and so? He said: Yes. He (the narrator) said:
He testified four times. He (the Holy Prophet) then made
pronouncement about him and he was stoned (to death).
Bk 17, Number 4202:
Abu Sa'id reported that a person belonging to the clan of
Aslam, who was called Ma, iz b. Malik, came to Allah's
Messenger (may peace be upon him) and said: I have committed
immorality (adultery), so inflict punishment upon me. Allah's
Apostle (may peace be upon him) turned him away again and
again. He then asked his people (about the state of his mind).
They said: We do not know of any ailment of his except that he
has committed something about which he thinks that he would
not be able to relieve himself of its burden but with the Hadd
being imposed upon him. He (Ma'iz) came back to Allah's
Apostle (may peace be upon him) and he commanded us to stone
him. We took him to the Baqi' al−Gharqad (the graveyard of
Medina). We neither tied him nor dug any ditch for him. We
attacked him with bones, with clods and pebbles. He ran away
and we ran after him until he came upon the ston ground
(al−Harra) and stopped there and we stoned him with heavy
stones of the Harra until he became motionless (lie died). He
(the Holy Prophet) then addressed (us) in the evening saying
Whenever we set forth on an expedition in the cause of Allah,
some one of those connected with us shrieked (under the
pressure of sexual lust) as the bleating of a male goat. It is
essential that if a person having committed such a deed is
brought to me, I should punish him. He neither begged
forgiveness for him nor cursed him.
Bk 17, Number 4203:
Dawud narrated the hadith with the same chain of transmitters
(and the words are): Allah's Apostle (may peace be upon him)
stood tip (to address the audience) in the evening and praised
Allah, glorified Him and then said: What about the people,
that as we set out on an expedition, one of you remained
behind us and he shrieked like the bleating of a male goat?
But he did not mention (these words): People connected with
us."
Bk 17, Number 4204:
This hadith has been narrated on the authority of Dawud with
the same chain of transmitters but with this variation that in
the hadith narrated by Sufyan (the words are):" He made a
confession of having committed adultery, thrice."
Bk 17, Number 4205:
Sulaiman b. Buraida reported on the authority of his father
that Ma, iz b. Malik came to Allah's Apostle (may peace be
upon him) and said to him: Messenger of Allah, purify me,
whereupon he said: Woe be upon you, go back, ask forgiveness
of Allah and turn to Him in repentance. He (the narrator) said
that he went back not far, then came and said: Allah's
Messenger, purify me. whereupon Allah's Messenger (may peace
be upon him) said: Woe be upon you, go back and ask
forgiveness of Allah and turn to Him in repentance. He (the
narrator) said that he went back not far, when he came and
said: Allah's Messenger, purify me. Allah's Apostle (may peace
be upon him) said as he had said before. When it was the
fourth time, Allah's Messenger (may, peace be upon him) said:
From what am I to purify you? He said: From adultery, Allah's
Messenger (may peace be upon him) asked if he had been mad. He
was informed that he was not mad. He said: Has he drunk wine?
A person stood up and smelt his breath but noticed no smell of
wine. Thereupon Allah's Messenger (may peace be upon him)
said: Have you committed adultery? He said: Yes. He made
pronouncement about him and he was stoned to death. The people
had been (divided) into two groups about him (Ma'iz). One of
them said: He has been undone for his sins had encompassed
him, whereas another said: There is no repentance more
excellent than the repentance of Ma'iz, for he came to Allah's
Apostle (may peace be upon him) and placing his hand in his
(in the Holy Prophet's) hand said: Kill me with stones. (This
controversy about Ma'iz) remained for two or three days. Then
came Allah's Messenger (may peace be upon him) to them (his
Companions) as they were sitting. He greeted them with
salutation and then sat down and said: Ask forgiveness for
Ma'iz b. Malik. They said: May Allah forgive Ma'iz b. Malik.
Thereupon Allah's Messenger (may peace be upon him) said: He
(Ma'iz) has made such a repentance that if that were to be
divided among a people, it would have been enough for all of
them. He (the narrator) said: Then a woman of Ghamid, a branch
of Azd, came to him and said: Messenger of of Allah, purify
me, whereupon he said: Woe be upon you; go back and beg
forgiveness from Allah and turn to Him in repentance. She
said: I find that you intend to send me back as you sent back
Ma'iz. b. Malik. He (the Holy, Prophet) said: What has
happened to you? She said that she had become pregnant as a
result of fornication. He (the Holy Prophet) said: Is it you
(who has done that)? She said: Yes. He (the Holy Prophet) said
to her: (You will not be punished) until you deliver what is
there in your womb. One of the Ansar became responsible for
her until she was delivered (of the child). He (that Ansari)
came to Allah's Apostle (may peace be upon him) and said the
woman of Ghamid has given birth to a child. He (the Holy
Prophet) said: In that case we shall not stone her and so
leave her infant with none to suckle him. One of the Ansar got
up and said: Allah's Apostle, let the responsibility of his
suckling be upon me. She was then stoned to death.
Bk 17, Number 4206:
'Abdullah b. Buraida reported on the authority of his father
that Ma'iz b. Malik al−Aslami came to Allah's Messenger (may
peace be upon him) and said: Allah's Messenger, I have wronged
myself; I have committed adultery and I earnestly desire that
you should purify me. He turned him away. On the following
day, he (Ma'iz) again came to him and said: Allah's Messenger,
I have committed adultery. Allah's Messenger (may peace be
upon him) turned him away for the second time, and sent him to
his people saying: Do you know if there is anything wrong with
his mind. They denied of any such thing in him and said: We do
not know him but as a wise good man among us, so far as we can
judge. He (Ma'iz) came for the third time, and he (the Holy
Prophet) sent him as he had done before. He asked about him
and they informed him that there was nothing wrong with him or
with his mind. When it was the fourth time, a ditch was dug
for him and he (the Holy Prophet) pronounced judg− ment about
him and he wis stoned. He (the narrator) said: There came to
him (the Holy Prophet) a woman from Ghamid and said: Allah's
Messenger, I have committed adultery, so purify me. He (the
Holy Prophet) turned her away. On the following day she said:
Allah's Messenger, Why do you turn me away? Perhaps, you turn
me away as you turned away Ma'iz. By Allah, I have become
pregnant. He said: Well, if you insist upon it, then go away
until you give birth to (the child). When she was delivered
she came with the child (wrapped) in a rag and said: Here is
the child whom I have given birth to. He said: Go away and
suckle him until you wean him. When she had weaned him, she
came to him (the Holy Prophet) with the child who was holding
a piece of bread in his hand. She said: Allah's Apostle, here
is he as I have weaned him and he eats food. He (the Holy
Prophet) entrusted the child to one of the Muslims and then
pronounced punishment. And she was put in a ditch up to her
chest and he commanded people and they stoned her. Khalid b
Walid came forward with a stone which he flung at her head and
there spurted blood on the face of Khalid and so he abused
her. Allah's Apostle (may peace be upon him) heard his
(Khalid's) curse that he had huried upon her. Thereupon he
(the Holy Prophet) said: Khalid, be gentle. By Him in Whose
Hand is my life, she has made such a repentance that even if a
wrongful tax−collector were to repent, he would have been
forgiven. Then giving command regarding her, he prayed over
her and she was buried.
Bk 17, Number 4207:
Imran b. Husain reported that a woman from Juhaina came to
Allah's Apostle (may peace be upon him) and she had become
pregnant because of adultery. She said: Allah's Apostle, I
have done something for which (prescribed punishment) must be
imposed upon me, so impose that. Allah's Apostle (may peace be
upon him) called her master and said: Treat her well, and when
she delivers bring her to me. He did accordingly. Then Allah's
Apostle (may peace be upon him) pronounced judgment about her
and her clothes were tied around her and then he commanded and
she was stoned to death. He then prayed over her (dead body).
Thereupon Umar said to him: Allah's Apostle, you offer prayer
for her, whereas she had committed adultery! Thereupon he
said: She has made such a repentance that if it were to be
divided among seventy men of Medina, it would be enough. Have
you found any repentance better than this that she sacr ficed
her life for Allah, the Majestic?
Bk 17, Number 4208:
This hadith has been transmitted on the authority of Yahya b.
Abu Kathir.
Bk 17, Number 4209:
Abu Huraira and Zaid b Khalid al−Juhani reported that one of
the desert tribes came to Allah's Messenger (may peace be upon
him) and said: Messenger of Allah, I beg of you in the name of
Allah that you pronounce judgment about me according to the
Book of Allah. The second claimant who was wiser than him
said: Well, decide amongst us according to the Book of Allah,
but permit me (to say something). Thereupon Allah's Messenger
(may peace be upon ham) said: Say. He said: My son was a
servant in the house of this person and he committed adultery
with his wife. I was informed that my son deserved stoning to
death (as punishment for this offence). I gave one hundred
goats and a slave girl as ransom for this. I asked the
scholars (if this could serve as an expiation for this
offence). They informed me that my son deserved one hundred
lathes and exile for one year. and this woman deserved stoning
(as she was married). Thereupon Allah's Messenger (may peace
he upon him) said: By Him in Whose Hand is my life. I will
decide between you according to the Book of Allah. The
slave−girl and the goats should be given back, and your son is
to be punished with one hundred lashes and exile for one year.
And, O Unais (b. Zuhaq al−Aslami), go to this woman in the
morning, and if she makes a confession, then stone her. He
(the narrator) said: He went to her in the morning and she
made a confession. And Allah's Messenger (may peace be upon
him) made pronouncement about her and she was stoned to death.
Bk 17, Number 4210:
This hadith has been narrated on the authority of Zuhri with
the same chain of transmitters.
Chapter 6: STONING TO DEATH OF JEWS AND OTHER DHIMMIS IN CASE
OF ADULTERY
Bk 17, Number 4211:
Abdullah b. 'Umar reported that a Jew and a Jewess were
brought to Allah's Messenger (may peace be upon him) who had
committed adultery. Allah's Messenger (may peace be upon him)
came to the Jews and said: What do you find in Torah for one
who commits adultery? They said: We darken their faces and
make them ride on the donkey with their faces turned to the
opposite direction (and their backs touching each other), and
then they are taken round (the city). He said: Bring Torah if
you are truthful. They brought it and recited it until when
they came to the verse pertaining to stoning, the person who
was reading placed his hand on the verse pertaining to
stoning, and read (only that which was) between his hands and
what was subsequent to that. Abdullah b. Salim who was at that
time with the Messenger of Allah (may peace be upon him) said:
Command him (the reciter) to lift his hand. He lifted it and
there was, underneath that, the verse pertaining to stoning.
Allah's Messenger (may peace be upon him) pronounced judgment
about both of them and they were stoned. Abdullah b. 'Umar
said: I was one of those who stoned them, and I saw him (the
Jew) protecting her (the Jewess) with his body.
Bk 17, Number 4212:
Ibn Umar reported that Allah's Messenger (may peace be upon
him) stoned to death the Jews, both male and female, who had
committed adultery. The Jews brought them to Allah's Messenger
(may peace he upon him). The rest of the hadith is the same.
Bk 17, Number 4213:
Ibn 'Umar reported that the Jews brought to Allah's Messenger
(may peace be upon him) a man and a woman who had committed
adultery. The rest of the hadith is the same.
Bk 17, Number 4214:
Al−Bara' b. 'Azib reported: There happened to pass by Allah's
Apostle (may peace be upon him) a Jew blackened and lashed.
Allah's Apostle (may peace be upon him) called them (the Jews)
and said: Is this the punishment that you find in your Book
(Torah) as a prescribed punishment for adultery? They said:
Yes. He (the Holy Prophet) called one of the scholars amongst
them and said: I ask you in the name of Allah Who sent down
the Torah on Moses if that is the prescribed punishment for
adultery that you find in your Book. He said: No. Had you not
asked me in the name of Allah, I would not have given you this
information. We find stoning to death (as punishment
prescribed in the Torah). But this (crime) became quite common
amongst our aristocratic class. So when we caught hold of any
rich person (indulging in this offence) we spared him, but
when we caught hold of a helpless person we imposed the
prescribed punishment upon him. We then said: Let us argree
(on a punishment) which we can inflict both upon the rich and
the poor. So We decided to blacken the face with coal and flog
as a substitute punishment for stoning. Thereupon Allah's
Messenger (may peace be upon him) said: O Allah, I am the
first to revive Thy command when they had made it dead. He
then commanded and he (the offender) was stoned to death.
Allah, the Majestic and Glorious, sent down (this verse):" O
Messenger, (the behaviour of) those who vie with one another
in denying the truth should not grieve you..." up to" is
vouchsafed unto you, accept it" (v. 41) 2176 It was said (by
the Jews): Go to Muhammad; it he commands you to blacken the
face and award flogging (as punishment for adultery), then
accept it, but it he gives verdict for stoning, then avoid it.
It was (then) that Allah, the Majestic and Great, sent down
(these verses):" And they who do not judge in accordance with
what Allah has revealed are, indeed, deniers of the truth" (v.
44) ;" And they who do not judge in accordance with what Allah
has revealed−they, they indeed are the wrongdoers" (v. 45) ;"
And they who do not judge in accordance with what God has
revealed−they are the iniquitous (v. 47). (All these verses)
were revealed in connection with the non−believers.
Bk 17, Number 4215:
This hadith has been narrated on the authority of A'mash up to
the words:" Allah's Apostle (may peace be upon him) pronounced
judgment and he was stoned (to death)" And he mentioned
nothing subsequent to that pertaining to the revelation of
verses.
Bk 17, Number 4216:
Jabir b. 'Abdullah reported that Allah's Apostle (may peace be
upon him) stoned (to death) a person from Banu Aslam, and a
Jew and his wife.
Bk 17, Number 4217:
This hadith has been transmitted on the authority of Juraij
with a slight variation of words.
Bk 17, Number 4218:
Abu Ishaq Shaibani said: I asked 'Abdullah b. Abu Aufi if
Allah's Messenger (may peace be upon him) awarded (the
punishment) of stoning (to death). He said: Yes. I said: After
Sura al−Nur was revealed or before that? He said: I do not
know.
Bk 17, Number 4219:
Abu Huraira reported that he heard Allah's Messenger (may
peace be upon him) as saying: When the slave−woman of any of
you commits adultery and this (offence of hers) becomes clear,
she should be flogged (as the presribed) punishment, but hurl
no reproach at her. If she commits adultery again, she should
(again be punished) by flogging, but hurl no reproach upon
her. It she commits fornication for the third time. and it
becomes clear, then he should sell her, even if only for a
rope of hair.
Bk 17, Number 4220:
This hadith his been narrated on the authority of Abu Huraira
through another chain of transmitters with a slight variation
of words.
Bk 17, Number 4221:
Abu Huraira reported that Allah's Messenger (may peace be upon
him) was asked about the slave−woman who committed adultery
and was not protected (married). He said: If she commits
adultery, then flog her and it she commits adultery again,
then flog her and then sell her even for a rope. Ibn Shihab
said: I do not know whether he said this (his statement
pertaining to the sale of slave−woman) at the third or the
fourth time. Ibn Shihab said that the word) dafir (used in the
text) means rope.
Bk 17, Number 4222:
This hadith has been narrated on the authority of Abu Huraira
and Zaid b. Khalid al−Jubani, but in this no merition is made
of the words of Ibn Shihab that dafir means rope.
Bk 17, Number 4223:
This hadith has been transmitted on the authority of Abu
Huraira and Zaid b. Khalid al−Juhani in the same way as
transmitted by Malik with this (difference) tnat there is a
doubt whether her sale (that of the slave−girl committing
adultery) was mentioned after the third or the fourth time.
Chapter 7: THE PRESCRIBED PUNISHMENT SHOULD BE DEFERRED IN
CASE OF ONE WHO IS IN A STATE OF PARTURITION
Bk 17, Number 4224:
Abd al−Rahman reported that 'Ali, while delivering the address
said: O people, impose the prescribed punishment upon your
slaves, those who are married and those not married, for a
slave−woman belonging to Allah's Messenger (may peace be upon
him) had committed adultery, and he committed me to flog her.
But she had recently given birth to a child and I was afraid
that if I flogged her I might kill her. So I mentioned that to
Allah's Apostle (may peace be upon him) and he said: You have
done well.
Bk 17, Number 4225:
This hadith has been narrated on the authority of as−Suddi
with the same chain of trznsmitters, but he did not mention:"
Those who are married and those who are not married." There is
also an addition in it:" I spare her until she is all right."
Chapter 8: PRESCRIBED PUNISHMENT FOR (DRINKING) WINE
Bk 17, Number 4226:
Anas b. Malik reported that a person who had drink wine was
brought to Allah's Apostle (may peace be upon him). He gave
him forty stripes with two lashes. Abu Bakr also did that, but
when Umar (assumed the responsibilities) of the Caliphate, he
consulted people and Abd al−Rahman said: The mildest
punishment (for drinking) is eighty (stripes) and 'Umar their
prescribed this punishment.
Bk 17, Number 4227:
This hadith has been narrated on the authority of Anas through
another chain of transmitters.
Bk 17, Number 4228:
Anas b. Malik reported that Allah's Apostle (may peace be upon
him) gave a beating with palm branches and shoes, and that Abu
Bakr gave forty lashes. When Umar (became the Commander of the
Faithful) and the people went near to pastures and towns, he
said (to the Companions of the Holy Prophet). What is your
opinion about lashing for drinking? Thereupon Abd al−Rahman b.
Auf said: My opinion is that you fix it as the mildest
punishment. Then 'Umar inflicted eighty stripes.
Bk 17, Number 4229:
This hadith has been narrated on the authority of Hisham with
the same chain of transmitters.
Bk 17, Number 4230:
Anas reported that Allah's Apostle (may peace be upon him)
used to strike forty times with shoes and palm branches (in
case of drinking of) wine. The rest of the hadith is the same
and there is no mention of pastures and towns.
Bk 17, Number 4231:
Hudain b. al−Mundhir Abu Sasan reported: I saw that Walid was
brought to Uthmin b. 'Affan as he had prayed two rak'ahs of
the dawn prayer, and then he said: I make an increase for you.
And two men bore witness against him. One of them was Humran
who said that he had drunk wine. The second one gave witness
that he had seen him vomiting. Uthman said: He would not have
vomited (wine) unless he had drunk it. He said: 'Ali, stand up
and lash him. 'Ali said: Hasan, stand up and lash him.
Thereupon Hasan said: Let him suffer the heat (of Caliphate)
who has enjoyed its coolness. ('Ali felt annoyed at this
remark) and he said: 'Abdullah b. Ja'far, stand up and flog
him, and he began to flog him and 'Ali counted the stripes
until these were forty. He (Hadrat 'Ali) said: Stop now, and
then said: Allah's Apostle (may peace be upon him) gave forty
stripes, and Abu Bakr also gave forty stripes, and Umar gave
eighty stripes, and all these fall under the category of the
Sunnab, but this one (forty stripes) is dearer to me.
Bk 17, Number 4232:
Ali reported: If I impose Hadd on anyone, and he (in course of
punish ment) dies, I would not mind except in case of a
drunkard. If he dies. I would pay indemnity for him because
the Messenger of Allah (may peace be upon him) has laid down
no rule for it.
Bk 17, Number 4223:
This hadith is narrated on the authority of Sufyan.
Chapter 9: NUMBER OF STRIPES IN CASE OF TA'ZIR
Bk 17, Number 4234:
Abu Barda Ansari reported Allah's Messenger (may peace be upon
him) as saying: None should be given more than ten lashes, but
in case of any Hadd out of the Huded of Allah.
Chapter 10: IMPOSITION OF HADD OBLITERATES SINS
Bk 17, Number 4235:
Ubida b. as−Samit reported: While we were in the company of
Allah's Messenger (may peace be upoi him) he said: Swear
allegiance to me that you will not associate anything with
Allah, that you will not commit adultery, that you will not
steal, that you will not take any life which it is forbidden
by Allah to take but with (legal) justification; and whoever
among you fulfils it, his reward is with Allah and he who
commits any such thing and is punished for it, that will be
all atonement for it And if anyone commits anything and Allah
conceals (his faultfls), his matter rests with Allah. He may
forgive if He likes, and He may punish him if He likes.
Bk 17, Number 4236:
This hadith has been narrated on the authority of Zuhri with
the same chain of transmitters with this addition:" He recited
to us the verse pertaining to women, viz, that they will not
associate anything with Allah.
Bk 17, Number 4237:
'Ubida b. as−Samit reported: Allah's Messenger (may peace be
upon him) took (a pledge) from us as he took from the women
that we will not associate anything with Allah and we will not
steal, and we will not commit adultery, and we will not kill
our children, and we will not bring calumny upon one another.
And he who amongst you fulfils (this pledge), his reward rests
with Allah, and he upon whom amongst you is imposed the
prescribed punishment and that is carried out, that is his
expiation (for that sin), and he whose (sins) were covered by
Allah, his matter rests with Allah. He may punish him if He
likes or may forgive him if He so likes.
Bk 17, Number 4238:
Ubida b. as−Samit repnrted: I was one of those headmen who
swore allegiance to Allah's Messenger (may peace be upon him)
that we will not associate anything with Allah, and will not
commit adultery, and will not steal, and will not kill any
soul which Allah has forbidden, but with justice nor plunder,
nor disobey (Allah and His Apostle), then Paradise (will be
the reward) in case we do these (acts) ; and if we commit any
outrage (and that goes unpunished in the world), it is Allah
Who would decide about it. Ibn Rumh said: Its judgment lies
with Allah.
Chapter 11: IF THE BEAST DOES ANY HARM, OR IF ONE FALLS IN A
MINE OR A WELL, THERE WILL BE NO BLOOD−WIT FOR THAT
Bk 17, Number 4239:
Abu Huraira reported Allah's Messenger (may peace be upon him)
as saying: No requital is payable for a wound caused by an
animal, for (falling into) a well and a mine, and one−fifth
(is the share of the government) in the buried treasure
(treasure−trove).
Bk 17, Number 4240:
A hadith like this has been transmitted on the authority of
Zuhri.
Bk 17, Number 4241:
A hadith like this has been transmitted on the authority of
Abu Huraira.
Bk 17, Number 4242:
Abu Huraira reported Allah's Messenger (may peace be upon him)
as saying: The wound caused (by falling) in the well, in the
mine, and caused bv the animal has no requital for it; and
there is one−fifth (for the government) in the buried
treasure.
Bk 17, Number 4243:
A hadith like this has been transmitted on the authority of
Abu Huraira.
