A man and a woman of the Jews who were married committed fornication at the time when the Messenger of Allah (ﷺ) came to Medina. Stoning was a prescribed punishment for them in accordance with the Torah, but they abandoned it and followed tajbiyyah, meaning, the man was beaten a hundred times with a rope painted with tar and was seated on a donkey with his face towards the tail of the donkey. Their rabbis then assembled and sent some people to the Messenger of Allah (ﷺ). They said to them: Ask him about the prescribed punishment for fornication. The transmitter then mentioned the rest of the tradition. They version adds: They were not the followers of his religion, and he (the prophet) was to pronounce judgment between them. So he was given a choice in this verse:”If they do come to thee, either judge between them, or decline to interfere.
The Jews brought a man and a woman of them who had committed fornication. He said: Bring me two learned men or yours. So they brought the two sons of Suriya. He adjured them and said: How do you think about the matter if these two persons bear witness to the effect that they have seen his sexual organ in her female organ (penetrated) like a collyrium stick when enclosed in its case, they will be stoned to death. He asked: What is there which prevents you from stoning them: They replied : Our rule has gone, so we disapproved of killing. The Messenger of Allah (ﷺ) then called four witnesses. They brought four witnesses. Who testified that they had seen his sexual organ (penetrated) in her female organ like a collyrium stick when enclosed in its case. The Prophet (ﷺ) then gave orders for stoning them.
Chapter 26: The stoning of the two jews - كتاب الحدود
A similar tradition has also been transmitted by Ibrahim and al-Sha’bi from the Prophet (ﷺ) through a different chain of narrators. But this version does not mention the words:
حَدَّثَنَا وَهْبُ بْنُ بَقِيَّةَ، عَنْ هُشَيْمٍ، عَنْ مُغِيرَةَ، عَنْ إِبْرَاهِيمَ، وَالشَّعْبِيِّ، عَنِ النَّبِيِّ صلى الله عليه وسلم نَحْوَهُ لَمْ يَذْكُرْ فَدَعَا بِالشُّهُودِ فَشَهِدُوا .
while I was wandering in search of my camels which had strayed, a caravan or some horsemen carrying a standard came forward. The bedouin began to go round me for my position with the Prophet (ﷺ). They came to a domed structure, took out a man from it, and struck his neck. I asked about him. They told me that he had married his father's wife.
I met my uncle who was carrying a standard. I asked him: Where are you going? He said: The Messenger of Allah (ﷺ) has sent me to a man who has married his father's wife. He has ordered me to cut off his head and take his property.
Habib ibn Salim said: A man called AbdurRahman ibn Hunayn had intercourse with his wife's slave-girl. The matter was brought to an-Nu'man ibn Bashir who was the Governor of Kufah. He said: I shall decide between you in accordance with the decision of the Messenger of Allah (ﷺ). If she made her lawful for you, I shall flog you one hundred lashes. If she did not make her lawful for you, I shall stone you to death. So they found that she had made her lawful for him. He, therefore, flogged him one hundred lashes.
Qatadah said: I wrote to Habib b. Salim; so he wrote this (tradition) to me.
The Prophet (ﷺ) said: about a man who had (unlawful) intercourse with his wife's slave girl: If she made her lawful for him, he will be flogged one hundred lashes; if she did not make her lawful for him, I shall stone him.
The Messenger of Allah (ﷺ) made a decision about a man who had intercourse with his wife's slave-girl as follows. If he forced her, she is free, and he shall give her mistress a slave-girl similar to her; if she asked him to have intercourse voluntarily, she will belong to him, and he shall give her mistress a slave-girl similar to her.
Abu Dawud said: This tradition has been transmitted by Yunus b. 'Ubaid, 'Amr b. Dinar, Mansur b. Zadhan and Salam from al-Hasan to the same effect. But yunus and Mansur did not mention Qabisah.
Chapter 28: A man who commits zina with his wife's slave woman - كتاب الحدود
Narrated Salamah ibn al-Muhabbaq:
حَدَّثَنَا عَلِيُّ بْنُ الْحَسَنِ الدِّرْهَمِيُّ، حَدَّثَنَا عَبْدُ الأَعْلَى، عَنْ سَعِيدٍ، عَنْ قَتَادَةَ، عَنِ الْحَسَنِ، عَنْ سَلَمَةَ بْنِ الْمُحَبَّقِ، عَنِ النَّبِيِّ صلى الله عليه وسلم نَحْوَهُ إِلاَّ أَنَّهُ قَالَ وَإِنْ كَانَتْ طَاوَعَتْهُ فَهِيَ حُرَّةٌ وَمِثْلُهَا مِنْ مَالِهِ لِسَيِّدَتِهَا .
A similar tradition (to the No. 4445) has also been transmitted by Salamah ibn al-Muhabbaq from the Prophet (ﷺ).
This version has: If she asked her to have intercourse with her voluntarily, then she and a similar slave-girl would be given to her mistress from his property.
The Prophet (ﷺ) said: If you find anyone doing as Lot's people did, kill the one who does it, and the one to whom it is done.
Abu Dawud said: A similar tradition has also been transmitted by Sulaiman b. Bilal from 'Amr b. Abi 'Umar. And 'Abbad b. Mansur transmitted it from 'Ikrimah on the authority of Ibn 'Abbas who transmitted it from the Prophet (ﷺ). It has also been transmitted by Ibn Juraij from Ibrahim from Dawud b. Al-Husain from 'Ikrimah on the authority of Ibn 'Abbas who transmitted it from the Prophet (ﷺ).
If a man who is not married is seized committing sodomy, he will be stoned to death.
Abu Dawud said: The tradition of 'Asim proved the tradition of 'Amir b. Abi 'Amr as weak.
The Prophet (ﷺ) said: If anyone has sexual intercourse with an animal, kill him and kill it along with him. I (Ikrimah) said: I asked him (Ibn Abbas): What offence can be attributed to the animal/ He replied: I think he (the Prophet) disapproved of its flesh being eaten when such a thing had been done to it.
Abu Dawud said: This is not a strong tradition.
There is no prescribed punishment for one who has sexual intercourse with an animal.
Abu Dawud said: 'Ata is also so. Al Hakam said: I think he should be flogged, but the number should not reach the one of the prescribed punishment. Al-Hasan said: He is like a fornicator.
Abu Dawud said: THe tradition of 'Asim proves the tradition of 'Amr b. Abi 'Amr as weak.
Chapter 31: If the man confess to zina but the woman does not - كتاب الحدود
Narrated Sahl ibn Sa'd:
حَدَّثَنَا عُثْمَانُ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا طَلْقُ بْنُ غَنَّامٍ، حَدَّثَنَا عَبْدُ السَّلاَمِ بْنُ حَفْصٍ، حَدَّثَنَا أَبُو حَازِمٍ، عَنْ سَهْلِ بْنِ سَعْدٍ، عَنِ النَّبِيِّ صلى الله عليه وسلم أَنَّ رَجُلاً أَتَاهُ فَأَقَرَّ عِنْدَهُ أَنَّهُ زَنَى بِامْرَأَةٍ سَمَّاهَا لَهُ فَبَعَثَ رَسُولُ اللَّهِ صلى الله عليه وسلم إِلَى الْمَرْأَةِ فَسَأَلَهَا عَنْ ذَلِكَ فَأَنْكَرَتْ أَنْ تَكُونَ زَنَتْ فَجَلَدَهُ الْحَدَّ وَتَرَكَهَا .
A man came to the Prophet (ﷺ) and made acknowledgment before him that he had committed fornication with a woman whom he named. The Messenger of Allah (ﷺ) sent someone to the woman and he asked her about it. She denied that she had committed fornication. So he gave him the prescribed punishment of lashes and left her.
A man of Bakr ibn Layth came to the Prophet (ﷺ) and made confession four times that he had committed fornication with a woman, so he had a hundred lashes administered to him. The man had not been married. He then asked him to produce proof against the woman, and she said: I swear by Allah, Messenger of Allah, that he has lied. Then he was given the punishment of eighty lashes of falsehood.
Chapter 32: A man who does something less than intercourse with a woman, and repents before he is arrested by the imam. - كتاب الحدود
‘Abd Allah (b. Mas’ud) said:
حَدَّثَنَا مُسَدَّدُ بْنُ مُسَرْهَدٍ، حَدَّثَنَا أَبُو الأَحْوَصِ، حَدَّثَنَا سِمَاكٌ، عَنْ إِبْرَاهِيمَ، عَنْ عَلْقَمَةَ، وَالأَسْوَدِ، قَالاَ قَالَ عَبْدُ اللَّهِ جَاءَ رَجُلٌ إِلَى النَّبِيِّ صلى الله عليه وسلم فَقَالَ إِنِّي عَالَجْتُ امْرَأَةً مِنْ أَقْصَى الْمَدِينَةِ فَأَصَبْتُ مِنْهَا مَا دُونَ أَنْ أَمَسَّهَا فَأَنَا هَذَا فَأَقِمْ عَلَىَّ مَا شِئْتَ . فَقَالَ عُمَرُ قَدْ سَتَرَ اللَّهُ عَلَيْكَ لَوْ سَتَرْتَ عَلَى نَفْسِكَ . فَلَمْ يَرُدَّ عَلَيْهِ النَّبِيُّ صلى الله عليه وسلم شَيْئًا فَانْطَلَقَ الرَّجُلُ فَأَتْبَعَهُ النَّبِيُّ صلى الله عليه وسلم رَجُلاً فَدَعَاهُ فَتَلاَ عَلَيْهِ { وَأَقِمِ الصَّلاَةَ طَرَفَىِ النَّهَارِ وَزُلَفًا مِنَ اللَّيْلِ } إِلَى آخِرِ الآيَةِ فَقَالَ رَجُلٌ مِنَ الْقَوْمِ يَا رَسُولَ اللَّهِ أَلَهُ خَاصَّةً أَمْ لِلنَّاسِ كَافَّةً فَقَالَ " بَلْ لِلنَّاسِ كَافَّةً " .
A man came to the Prophet (ﷺ) and said: I contacted directly a women at the furthest part of the city (i.e., Medina), and I did with her everything except sexual intercourse. So here I am; inflict any punishment you wish. Thereupon ‘Umar said: Allah has concealed your fault; it would have been better if you also had concealed it yourself. The Prophet (ﷺ) sent a men after him. (When he came) he recited the verse: “And establish regular prayers at the two ends of the day and at the approaches of the night. . .” up to the end of the verse. A man from the people got up and asked: Is it particular to him, Messenger of Allah, or for the people in general? He replied: It is all the people.
The Messenger of Allah (ﷺ) was asked about a slave-woman who commits fornication, and she is not married: If she commits fornication, flog her: if she commits fornication again flog her; if only for a rope of hair (dafir).
Ibn Shihab: I do not know whether he (the Prophet) said it is a third or a fourth time.
When the slave-woman of any of you commits fornication, he should inflict the prescribed punishment on her, but not hurl reproaches at her. This is to be done up to three times. If she a fourth time, he should flog her, and sell her even if only for a rope of hair.
He said each time: He should give her the appropriate beating according to Allah’s Book, but not Hurl reproaches at her. He said a fourth time: If she does it again, he should give her the appropriate beating according to Allah’s Book, and then should sell her even if only for a rope of hair.
Chapter 34: Carrying out hadd (punishment) on a man who is sick - كتاب الحدود
Narrated Abu Umamah b. Sahl Hunaif:
حَدَّثَنَا أَحْمَدُ بْنُ سَعِيدٍ الْهَمْدَانِيُّ، حَدَّثَنَا ابْنُ وَهْبٍ، أَخْبَرَنِي يُونُسُ، عَنِ ابْنِ شِهَابٍ، قَالَ أَخْبَرَنِي أَبُو أُمَامَةَ بْنُ سَهْلِ بْنِ حُنَيْفٍ، أَنَّهُ أَخْبَرَهُ بَعْضُ، أَصْحَابِ رَسُولِ اللَّهِ صلى الله عليه وسلم مِنَ الأَنْصَارِ أَنَّهُ اشْتَكَى رَجُلٌ مِنْهُمْ حَتَّى أُضْنِيَ فَعَادَ جِلْدَةً عَلَى عَظْمٍ فَدَخَلَتْ عَلَيْهِ جَارِيَةٌ لِبَعْضِهِمْ فَهَشَّ لَهَا فَوَقَعَ عَلَيْهَا فَلَمَّا دَخَلَ عَلَيْهِ رِجَالُ قَوْمِهِ يَعُودُونَهُ أَخْبَرَهُمْ بِذَلِكَ وَقَالَ اسْتَفْتُوا لِي رَسُولَ اللَّهِ صلى الله عليه وسلم فَإِنِّي قَدْ وَقَعْتُ عَلَى جَارِيَةٍ دَخَلَتْ عَلَىَّ . فَذَكَرُوا ذَلِكَ لِرَسُولِ اللَّهِ صلى الله عليه وسلم وَقَالُوا مَا رَأَيْنَا بِأَحَدٍ مِنَ النَّاسِ مِنَ الضُّرِّ مِثْلَ الَّذِي هُوَ بِهِ لَوْ حَمَلْنَاهُ إِلَيْكَ لَتَفَسَّخَتْ عِظَامُهُ مَا هُوَ إِلاَّ جِلْدٌ عَلَى عَظْمٍ فَأَمَرَ رَسُولُ اللَّهِ صلى الله عليه وسلم أَنْ يَأْخُذُوا لَهُ مِائَةَ شِمْرَاخٍ فَيَضْرِبُوهُ بِهَا ضَرْبَةً وَاحِدَةً .
AbuUmamah ibn Sahl ibn Hunayf said that some companions of the Messenger of Allah (ﷺ) told that one of their men suffered so much from some illness that he pined away until he was skin and bone (i.e. only a skeleton). A slave-girl of someone visited him, and he was cheered by her and had unlawful intercourse with her. When his people came to visit the patient, he told them about it.
He said: Ask the Messenger of Allah (ﷺ) about the legal verdict for me, for I have had unlawful intercourse with a slave-girl who visited me.
So they mentioned it to the Messenger of Allah (ﷺ) saying: We have never seen anyone (so weak) from illness as he is. If we bring him to you, his bones will disintegrate. He is only skin and bone. So the Messenger of Allah (ﷺ) commanded them to take one hundred twigs and strike him once.
A slave-girl belonging to the house of the Messenger of Allah (ﷺ) committed fornication. He (the Prophet) said: Rush up, Ali, and inflict the prescribed punishment on her. I then hurried up, and saw that blood was flowing from her, and did not stop. So I came to him and he said: Have you finished inflicting (punishment on her)? I said: I went to her while her blood was flowing. He said: Leave her alone till her bleeding stops; then inflict the prescribed punishment on her. And inflict the prescribed punishment on those whom your right hands possess (i.e. slaves).
Abu Dawud said: A similar tradition has been transmitted by Abu al-Ahwas from 'Abd al-A'la, and also by Shu'bah from 'Abd al-A'la. This version has: He said: Do not give her beating until she gives birth to a child. But the former (version) is sounder.
When my vindication came down, the Prophet (ﷺ) mounted the pulpit and mentioned that, and recited the Qur'an. Then when he came down from the pulpit he ordered regarding the two men and the woman, and they were given the prescribed punishment.
Chapter 35: Regarding the hadd (punishment) for the slanderer - كتاب الحدود
The tradition mentioned above (No. 4459) has also been transmitted by Muhammad ibn Ishaq through a different chain of narrators. But he did not mention Aisha.
This version has:
He (the Prophet) commanded regarding the two men and the woman who spoke obscenity were Hassan ibn Thabit and Mistah ibn Uthathah. An-Nufayl said: It is said that the woman was Hammah daughter of Jahsh.