Prescribed Punishments (Kitab Al-Hudud)

Ahmad ibn Muhammad ibn Hanbal narrated to us: Ismail ibn Ibrahim narrated to us: Ayyub informed us, from Ikrimah, that Ali—peace be upon him—burned some people who had apostatized from Islam. When Ibn Abbas was told of this, he said that he would not have burned them with fire, for the Messenger of Allah ﷺ had said not to punish with the punishment of Allah. He would, however, have killed them in accordance with the Messenger of Allah ﷺ saying that whoever changes his religion should be killed. When Ali was told this, he said that Ibn Abbas had spoken well.

Amr ibn Awn informed us: Abu Muawiyah narrated to us, from al-Amash, from Abdullah ibn Murrah, from Masruq, from Abdullah, who said: The Messenger of Allah ﷺ said: “The blood of a Muslim man who testifies that there is no god but Allah and that I am the Messenger of Allah is not lawful except in one of three cases: a previously married adulterer, a life for a life, or one who abandons his religion and separates from the community.”

Muhammad ibn Sinan al-Bahili narrated to us: Ibrahim ibn Tahman narrated to us, from Abd al-Aziz ibn Rufay, from Ubayd ibn Umayr, from Aishah, may Allah be pleased with her, who said: The Messenger of Allah ﷺ said: “The blood of a Muslim who testifies that there is no god but Allah and that Muhammad is the Messenger of Allah is not lawful except in one of three cases: a man who commits adultery after having been chaste, who is stoned; a man who wages war against Allah and His Messenger, who is killed, crucified, or exiled from the land; or one who kills a person and is killed in retaliation.”

Ahmad ibn Hanbal and Musaddad narrated to us; they said: Yahya ibn Said narrated to us. Musaddad said: Qurrat ibn Khalid narrated to us: Humayd ibn Hilal narrated to us: Abu Burdah narrated to us, who said: Abu Musa said: “I came to the Prophet ﷺ with two men from the Ashari tribe, one on my right and one on my left. Both asked him for a position, while the Prophet ﷺ remained silent. He asked what I thought, calling me Abu Musa or Abdullah ibn Qays. I replied by the One who sent him with the truth that they had not told me what was in their hearts and I had no idea they would ask for a position. I can still see him holding his toothstick beneath his lip, which had drawn back. He said they would not appoint anyone who asked for a position, but told me to go. He sent me to Yemen, then sent Muadh ibn Jabal after me. When Muadh arrived, he told him to dismount and spread a cushion for him. He saw a man there in chains and asked what had happened. Abu Musa replied that the man had been a Jew, had accepted Islam, then returned to his evil religion. Muadh said he would not sit until the man was killed according to the judgment of Allah and His Messenger. Abu Musa told him to sit, but he repeated this three times. Then Abu Musa ordered that the man be killed. They later discussed night worship. One of them—Muadh ibn Jabal—said that he slept and prayed at night, or prayed and then slept, hoping for the same reward in sleep as in standing.”

Al-Hasan ibn Ali narrated to us: al-Himmani—meaning Abd al-Hamid ibn Abd al-Rahman—narrated to us, from Talhah ibn Yahya and Burayd ibn Abdullah ibn Abi Burdah, from Abu Burdah, from Abu Musa, who said: “Muadh came to me while I was in Yemen. A man who had been a Jew accepted Islam, then apostatized. When Muadh arrived, he said he would not dismount from his mount until the man was killed. So he was killed.” One of the two narrators said the man had been asked to repent before that.

Muhammad ibn al-Ala narrated to us: Hafs narrated to us: al-Shaybani narrated to us, from Abu Burdah, with this story. He said: “A man who had apostatized from Islam was brought to Abu Musa, who called him to repent for twenty nights or thereabouts. Then Muadh came and called him, but he refused, so his neck was struck.” Abu Dawud said: “Abd al-Malik ibn Umayr narrated it from Abu Burdah without mentioning that he was asked to repent. Ibn Fudayl narrated it from al-Shaybani, from Said ibn Abi Burdah, from his father, from Abu Musa, also without mentioning that.”

Ibn Muadh narrated to us: my father narrated to us: al-Masudi narrated to us, from al-Qasim, with this story. He said: “Muadh did not dismount until the man was beheaded, and he was not asked to repent.”

Ahmad ibn Muhammad al-Marwazi narrated to us: Ali ibn al-Husayn ibn Waqid narrated to us, from his father, from Yazid al-Nahwi, from Ikrimah, from Ibn Abbas, who said: “Abdullah ibn Sad ibn Abi Sarh used to write for the Messenger of Allah ﷺ. Satan caused him to slip, and he joined the disbelievers. On the day of the Conquest, the Messenger of Allah ﷺ ordered that he be killed. Uthman ibn Affan sought protection for him, and the Messenger of Allah ﷺ granted him protection.”

Uthman ibn Abi Shaybah narrated to us: Ahmad ibn al-Mufaddal narrated to us: Asbat ibn Nasr narrated to us. He said: al-Suddi claimed, from Musab ibn Sad, from Sad, who said: “On the day Mecca was conquered, Abdullah ibn Sad ibn Abi Sarh hid with Uthman ibn Affan. Uthman brought him and stood him before the Prophet ﷺ, asking him to accept Abdullah allegiance. The Prophet raised his head and looked at him three times, refusing each time, then accepted his allegiance after the third. He turned to his Companions and asked whether there was no sensible man among them who would stand up and kill him when he saw the Prophet withholding his hand from accepting the allegiance. They said they did not know what was in his heart, and asked why he had not signaled them with his eye. He said it is not fitting for a prophet to act treacherously with his eyes.”

Qutaybah ibn Said narrated to us: Humayd ibn Abd al-Rahman narrated to us, from his father, from Abu Ishaq, from al-Shabi, from Jarir, who said: I heard the Prophet ﷺ say: “When a slave flees to polytheism, his blood becomes lawful.”

Abbad ibn Musa al-Khutalli informed us: Ismail ibn Jafar al-Madani informed us, from Israil, from Uthman al-Shahham, from Ikrimah, who said: Ibn Abbas narrated to us: “A blind man had a concubine who bore him a child. She used to insult and revile the Prophet ﷺ. He would forbid her, but she would not stop; he would rebuke her, but she would not desist. One night she began insulting and reviling the Prophet ﷺ again. He took a dagger, placed it on her belly, leaned on it, and killed her. A child fell between her legs, and the blood stained the area. In the morning this was reported to the Messenger of Allah ﷺ. He gathered the people and called upon any man who had done this to stand, invoking Allah and the right he had over him. The blind man stood, making his way through the people and trembling, until he sat before the Prophet ﷺ. He said that he had done it. She used to insult and revile the Prophet ﷺ. He forbade her, but she would not stop; he rebuked her, but she would not desist. He had two sons by her, like two pearls, and she had been kind to him. The previous night she had started insulting and reviling the Prophet ﷺ again, so he took the dagger, placed it on her belly, leaned on it, and killed her. The Prophet ﷺ said: “Bear witness: her blood is unavenged.””

Uthman ibn Abi Shaybah and Abdullah ibn al-Jarrah narrated to us, from Jarir, from Mughayrah, from al-Shabi, from Ali, may Allah be pleased with him: “A Jewish woman used to insult and revile the Prophet ﷺ. A man strangled her until she died, and the Messenger of Allah ﷺ declared her blood unavenged.”

Musa ibn Ismail narrated to us: Hammad narrated to us, from Yunus, from Humayd ibn Hilal, from the Prophet ﷺ. Another chain: Harun ibn Abdullah and Nusayr ibn al-Faraj narrated to us; they said: Abu Usamah narrated to us, from Yazid ibn Zuray, from Yunus ibn Ubayd, from Humayd ibn Hilal, from Abdullah ibn Mutarrif, from Abu Barzah, who said that he was with Abu Bakr, may Allah be pleased with him, when Abu Bakr became angry with a man and spoke harshly to him. He offered to strike off the man head. His words dispelled Abu Bakr anger. Abu Bakr went inside, then sent for him and asked what he had just said. He repeated it. Abu Bakr asked whether he would do it if ordered. He said yes. Abu Bakr replied that no human being could do that after Muhammad ﷺ. Abu Dawud said this is the wording of Yazid. Ahmad ibn Hanbal explained that Abu Bakr had no authority to kill a man except for one of the three reasons given by the Messenger of Allah ﷺ: disbelief after belief, adultery after chastity, or killing a person unjustly. The Prophet ﷺ had the authority to kill.

Sulayman ibn Harb narrated to us: Hammad narrated to us, from Ayyub, from Abu Qilabah, from Anas ibn Malik, that some people from Ukul—or he said Uraynah—came to the Messenger of Allah ﷺ and found Medina unsuitable for them. The Messenger of Allah ﷺ had camels brought for them and ordered them to drink their milk and urine. They went away, and when they recovered, they killed the Messenger of Allah shepherd and drove off the livestock. News of them reached the Prophet ﷺ early in the day, and he sent men in pursuit. They were brought back before the day had advanced far. He ordered that their hands and feet be cut off and their eyes branded with hot irons. They were cast onto the stony plain of al-Harrah, asking for water but being given none. Abu Qilabah said: “These were people who stole, killed, apostatized after believing, and waged war against Allah and His Messenger.”

Musa ibn Ismail narrated to us: Wuhayb narrated to us, from Ayyub, with this chain and report. He said in it: “He ordered that nails be heated, then branded their eyes with them. He cut off their hands and feet, but did not cauterize them to stop the bleeding.”

Muhammad ibn al-Sabbah ibn Sufyan narrated to us; he said: H. Amr ibn Uthman narrated to us: al-Walid narrated to us, from al-Awzai, from Yahya—meaning Ibn Abi Kathir—from Abu Qilabah, from Anas ibn Malik, with this report. He said: “The Messenger of Allah ﷺ sent trackers in pursuit of them, and they were brought to him.” Allah, Blessed and Exalted, then revealed concerning this the verse: “The recompense of those who wage war against Allah and His Messenger and strive to spread corruption in the land...”

Musa ibn Ismail narrated to us: Hammad informed us: Thabit, Qatadah, and Humayd informed us, from Anas ibn Malik, who mentioned this report and said: “I saw one of them gnawing at the ground with his mouth from thirst until they died.”

Muhammad ibn Bashshar narrated to us: Ibn Abi Adi narrated to us, from Hisham, from Qatadah, from Anas ibn Malik, with a similar report. He added: “Then he forbade mutilation,” and did not mention “on opposite sides.” Shubah narrated it from Qatadah, and Salam ibn Miskin from Thabit, both from Anas; neither mentioned “on opposite sides.” I found no report saying that their hands and feet were cut off on opposite sides except the report of Hammad ibn Salamah.

Ahmad ibn Salih narrated to us: Abdullah ibn Wahb narrated to us: Amr informed me, from Said ibn Abi Hilal, from Abu al-Zinad, from Abdullah ibn Ubaydullah—Ahmad said he meant Abdullah ibn Ubaydullah ibn Umar ibn al-Khattab—from Ibn Umar, that some people raided the camels of the Prophet ﷺ, drove them off, apostatized from Islam, and killed the Messenger of Allah shepherd, who was a believer. The Prophet sent men in pursuit; they were caught, and he had their hands and feet cut off and their eyes put out. The verse concerning those who wage war was revealed about them. They were the people Anas ibn Malik told al-Hajjaj about when he asked him.