Chapter 5: What Has Been Related About Averting The Legal Punishments From The One Who Confessed If He Changes His Mind - كتاب الحدود عن رسول الله صلى الله عليه وسلم
Narrated Abu Hurairah:
حَدَّثَنَا أَبُو كُرَيْبٍ، حَدَّثَنَا عَبْدَةُ بْنُ سُلَيْمَانَ، عَنْ مُحَمَّدِ بْنِ عَمْرٍو، حَدَّثَنَا أَبُو سَلَمَةَ، عَنْ أَبِي هُرَيْرَةَ، قَالَ جَاءَ مَاعِزٌ الأَسْلَمِيُّ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ إِنَّهُ قَدْ زَنَى . فَأَعْرَضَ عَنْهُ ثُمَّ جَاءَ مِنْ شِقِّهِ الآخَرِ فَقَالَ يَا رَسُولَ اللَّهِ إِنَّهُ قَدْ زَنَى . فَأَعْرَضَ عَنْهُ ثُمَّ جَاءَ مِنْ شِقِّهِ الآخَرِ فَقَالَ يَا رَسُولَ اللَّهِ إِنَّهُ قَدْ زَنَى . فَأَمَرَ بِهِ فِي الرَّابِعَةِ فَأُخْرِجَ إِلَى الْحَرَّةِ فَرُجِمَ بِالْحِجَارَةِ فَلَمَّا وَجَدَ مَسَّ الْحِجَارَةِ فَرَّ يَشْتَدُّ حَتَّى مَرَّ بِرَجُلٍ مَعَهُ لَحْىُ جَمَلٍ فَضَرَبَهُ بِهِ وَضَرَبَهُ النَّاسُ حَتَّى مَاتَ فَذَكَرُوا ذَلِكَ لِرَسُولِ اللَّهِ صلى الله عليه وسلم أَنَّهُ فَرَّ حِينَ وَجَدَ مَسَّ الْحِجَارَةِ وَمَسَّ الْمَوْتِ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" هَلاَّ تَرَكْتُمُوهُ " . قَالَ أَبُو عِيسَى هَذَا حَدِيثٌ حَسَنٌ وَقَدْ رُوِيَ مِنْ غَيْرِ وَجْهٍ عَنْ أَبِي هُرَيْرَةَ . وَرُوِيَ هَذَا الْحَدِيثُ عَنِ الزُّهْرِيِّ عَنْ أَبِي سَلَمَةَ عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ عَنِ النَّبِيِّ صلى الله عليه وسلم نَحْوَ هَذَا .
"Ma'iz Al-Aslamu came to the Messenger of Allah (ﷺ) and said that he had committed adultery, so he (ﷺ) turned away from him. Then he approached from his other side and said: '[O Messenger of Allah!] I have committed adultery.' So he turned away from him. The he came from his other side and said: 'O Messenger of Allah! I have committed adultery.' So he gave the order (for stoning) upon the fourth time. He was taken to Al-Harrah and stoned with rocks, he ran swiftly until he passed a man with a camel whip who beat him with it, and the people beat him until he died. They mentioned to the Messenger of Allah (ﷺ), that he ran upon feeling the rocks at the time of death. So the Messenger of Allah (ﷺ) said: 'Why didn't you leave him?'"
Chapter 5: What Has Been Related About Averting The Legal Punishments From The One Who Confessed If He Changes His Mind - كتاب الحدود عن رسول الله صلى الله عليه وسلم
"A man from the tribe of Aslam came to the Prophet (ﷺ) and confessed adultery. He turned away from him, the he confessed (again). Then he turned away from him (again) until he had testified against himself four times. So the Prophet (ﷺ) said: "Are you insane?" He said:"No" He said: "Are you married?" He said: "Yes". So he gave the order and he was stoned at the Musalla. He ran when he was stuck by the stones, and he was caught and stoned until he died. So the Messenger of Allah (ﷺ) spoke well of him but he did not perform the (funeral) Salat for him.
"The Quraish were troubled by the affair of a woman from the tribe of Makhzum who stole. So they said: 'Who will speak about her to the Messenger of Allah (ﷺ)?' They said: 'Who can do it other than Usamah bin Zaid, the one dear to the Messenger of Allah?' So Usamah spoke with him, the Messenger of Allah (ﷺ) said: 'Do you intercede about a penalty from Allah's penalties?' Then he stood up and adressed the people saying: 'Those before you were only destroyed because they used to leave a noble person if he stole. And if a weak person stole they would establish the penalty upon him. And by Allah! If Fatimah bint Muhammad stole, then I would cut off her hand."
"The Messenger of Allah (ﷺ) stoned, Abu Bakr stoned, and I stoned. If I didn't dislike that I add to the Book of Allah. I would have written it in the Mushaf, for I fear that there will come a people and they will not find it in the Book of Allah, so they will disbelieve in it."
"Verily Allah sent Muhammad (ﷺ) with the truth, and he revealed the Book to him. Among what was revealed to him was the Ayah of stoning. So the Messenger of Allah (ﷺ) stoned, and we stoned after him. I fear that time will pass over the people such that someone will say 'We do not see stoning in the Book of Allah.' They will be misguided by leaving an obligation which Allah revealed. Indeed stoning is the retribution for the adulterer if he was married and the evidence has been established, or due to pregnancy, or confession."
That he heard from Abu Hurairah, Zaid bin Khalid, and Shibl, that they were with the Prophet (ﷺ) and two men came to him disputing. So one of them stood before him and said: "I ask you by Allah, O Messenger of Allah! Only that you would judge between us by the book of Allah." So his disputant said - and he was more eloquent that him: "I agree of O Messenger of Allah! Judge between us by the Book of Allah, and allow me to speak. My son was a servant for this man and he committed adultery with his wife. So they told me that my son was to be stoned. I paid him one hundred female sheep and a female slave. Then I met some people from the people of knowledge and they said that my son was to be lashed one hundred times, and to be banished for a year and that stoning is only for this man's wife." So the Prophet (ﷺ) said: "By the One in Whose Hand is my soul! I will judge between you two by the Book of Allah. The one hundred female sheep and the female slave should be returned to you. For your son is one hundred lashes and banishment for a year. O Unais! Go to this Man's wife, and if she confesses then stone her." He went to her and she confessed, so he stoned her.
"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."
"A woman from Juhainah confessed before the Prophet (ﷺ) that she had committed adultery, and she said: 'I am pregnant.' So the Prophet (ﷺ) called for her guardian and said: 'Be good to her and if she gives birth to her child then tell me.' So he did so, and then he (ﷺ) gave the order that her clothes be bound tightly around her. Then he ordered her to be stoned and she was stoned. Then he performed (funeral) Salat for her. So 'Umar bin Al-Khattab said to him: 'O Messenger of Allah! You stoned her then you prayed for her?!' He said: 'She has repented a repentance that, if distributed among seventy of the people of Al-Madinah, it would have sufficed them. Have you ever seen something more virtuous than her sacrificing herself for the sake of Allah?'"
"We were with the Prophet (ﷺ) [in a gathering] and he said: 'Pledge to me that you will not associate [anything as] partners with Allah, and that you will not steal nor commit adultery.' He recited to them the Ayah. (And he said:)'Whoever among you dies, then this reward is with Allah, and whoever among you does some of this and then he is punished, it is atonement for him. And whoever does some of this and Allah covers it for him, then it is up to Allah; if He wills, He will punish them, and if He wills, He will forgive him.'"
That the Messenger of Allah (ﷺ) said: "If one of your slave girl commits illegal sexual intercourse, then whip her three times according to the Book of Allah, and if she does it again then sell her, even if it is for a rope made of hair."
"Ali gave a Khutbah, and said: 'O people, establish the penalties upon your slaves, those married from them and those unmarried. A slave girl of the Prophet (ﷺ) committed illegal sexual intercourse so he ordered me to whip her. I went to her and she was just experiencing her post-natal bleeding, so I feared that if I were to whip her I would kill her' - or he said: 'She would die' - 'so I went to the Messenger of Allah (ﷺ) and I told that to him. So he said: 'You did well.'"
That the Messenger of Allah (ﷺ) implemented the penalty by beating forty times, with two shoes - Mis'ar (one of the narrators) said: "It think it was for wine."
That a man who had drunk wine was brought to the Prophet (ﷺ), so he beat him about forty times with two stalks of a palm tree. So Abu Bakr did similarly, and by the time 'Umar became Khalifah he sought council from the people. And 'Abdur-Rahman bin 'Awf said: 'I see that the lightest penalty is eighty lashes,' so 'Umar ordered that.
Chapter 15: What Has Been Related About: Whoever Drinks Wine Then Lash Him, And Whoever Does It A Fourth Time, Then Kill Him - كتاب الحدود عن رسول الله صلى الله عليه وسلم
Narrated Mu'awiyah:
حَدَّثَنَا أَبُو كُرَيْبٍ، حَدَّثَنَا أَبُو بَكْرِ بْنُ عَيَّاشٍ، عَنْ عَاصِمِ بْنِ بَهْدَلَةَ، عَنْ أَبِي صَالِحٍ، عَنْ مُعَاوِيَةَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " مَنْ شَرِبَ الْخَمْرَ فَاجْلِدُوهُ فَإِنْ عَادَ فِي الرَّابِعَةِ فَاقْتُلُوهُ " . قَالَ وَفِي الْبَابِ عَنْ أَبِي هُرَيْرَةَ وَالشَّرِيدِ وَشُرَحْبِيلَ بْنِ أَوْسٍ وَجَرِيرٍ وَأَبِي الرَّمَدِ الْبَلَوِيِّ وَعَبْدِ اللَّهِ بْنِ عَمْرٍو . قَالَ أَبُو عِيسَى حَدِيثُ مُعَاوِيَةَ هَكَذَا رَوَى الثَّوْرِيُّ أَيْضًا عَنْ عَاصِمٍ عَنْ أَبِي صَالِحٍ عَنْ مُعَاوِيَةَ عَنِ النَّبِيِّ صلى الله عليه وسلم . وَرَوَى ابْنُ جُرَيْجٍ وَمَعْمَرٌ عَنْ سُهَيْلِ بْنِ أَبِي صَالِحٍ عَنْ أَبِيهِ عَنْ أَبِي هُرَيْرَةَ عَنِ النَّبِيِّ صلى الله عليه وسلم . قَالَ سَمِعْتُ مُحَمَّدًا يَقُولُ حَدِيثُ أَبِي صَالِحٍ عَنْ مُعَاوِيَةَ عَنِ النَّبِيِّ صلى الله عليه وسلم فِي هَذَا أَصَحُّ مِنْ حَدِيثِ أَبِي صَالِحٍ عَنْ أَبِي هُرَيْرَةَ عَنِ النَّبِيِّ صلى الله عليه وسلم . وَإِنَّمَا كَانَ هَذَا فِي أَوَّلِ الأَمْرِ ثُمَّ نُسِخَ بَعْدُ هَكَذَا رَوَى مُحَمَّدُ بْنُ إِسْحَاقَ عَنْ مُحَمَّدِ بْنِ الْمُنْكَدِرِ عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ " إِنَّ مَنْ شَرِبَ الْخَمْرَ فَاجْلِدُوهُ فَإِنْ عَادَ فِي الرَّابِعَةِ فَاقْتُلُوهُ " . قَالَ ثُمَّ أُتِيَ النَّبِيُّ صلى الله عليه وسلم بَعْدَ ذَلِكَ بِرَجُلٍ قَدْ شَرِبَ الْخَمْرَ فِي الرَّابِعَةِ فَضَرَبَهُ وَلَمْ يَقْتُلْهُ . وَكَذَلِكَ رَوَى الزُّهْرِيُّ عَنْ قَبِيصَةَ بْنِ ذُؤَيْبٍ عَنِ النَّبِيِّ صلى الله عليه وسلم نَحْوَ هَذَا . قَالَ فَرُفِعَ الْقَتْلُ وَكَانَتْ رُخْصَةً . وَالْعَمَلُ عَلَى هَذَا الْحَدِيثِ عِنْدَ عَامَّةِ أَهْلِ الْعِلْمِ لاَ نَعْلَمُ بَيْنَهُمُ اخْتِلاَفًا فِي ذَلِكَ فِي الْقَدِيمِ وَالْحَدِيثِ وَمِمَّا يُقَوِّي هَذَا مَا رُوِيَ عَنِ النَّبِيِّ صلى الله عليه وسلم مِنْ أَوْجُهٍ كَثِيرَةٍ أَنَّهُ قَالَ " لاَ يَحِلُّ دَمُ امْرِئٍ مُسْلِمٍ يَشْهَدُ أَنْ لاَ إِلَهَ إِلاَّ اللَّهُ وَأَنِّي رَسُولُ اللَّهِ إِلاَّ بِإِحْدَى ثَلاَثٍ النَّفْسُ بِالنَّفْسِ وَالثَّيِّبُ الزَّانِي وَالتَّارِكُ لِدِينِهِ " .
That the Messenger of Allah (ﷺ) said: "Whoever drinks wine, then lash him. If he returns to it, then on the fourth time kill him."
"I asked Fadalah bin 'Ubaid about hanging the hand around the neck of the thief: 'Is this from the Sunnah?' He said: 'A man came to the Messenger of Allah (ﷺ) with a thief so his hand was cut off, and then he ordered that it be hung around his neck.'"
"A man was brought to An-Nu'man bin Bashir who had relations with the slave girl of his wife. He said: 'I give you judgement about her case according to the judgement of the Messenger of Allah (ﷺ): If she made her lawful for him, then I will lash him one hundred times, and if she did not make her lawful, then I will stone him."