Yazid ibn Nu'aym ibn Huzzal, on his father's authority said: Ma'iz ibn Malik was an orphan under the protection of my father. He had illegal sexual intercourse with a slave-girl belonging to a clan. My father said to him: Go to the Messenger of Allah (ﷺ) and inform him of what you have done, for he may perhaps ask Allah for your forgiveness. His purpose in that was simply a hope that it might be a way of escape for him.
So he went to him and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. He (the Prophet) turned away from him, so he came back and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. He (again) turned away from him, so he came back and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah.
When he uttered it four times, the Messenger of Allah (ﷺ) said: You have said it four times. With whom did you commit it?
He replied: With so and so. He asked: Did you lie down with her? He replied: Yes. He asked: Had your skin been in contact with hers? He replied. Yes. He asked: Did you have intercourse with her? He said: Yes. So he (the Prophet) gave orders that he should be stoned to death. He was then taken out to the Harrah, and while he was being stoned he felt the effect of the stones and could not bear it and fled. But Abdullah ibn Unays encountered him when those who had been stoning him could not catch up with him. He threw the bone of a camel's foreleg at him, which hit him and killed him. They then went to the Prophet (ﷺ) and reported it to him.
He said: Why did you not leave him alone. Perhaps he might have repented and been forgiven by Allah.
Hadith Commentary: The Case of Ma'iz ibn Malik
This narration from Sunan Abi Dawud 4419 in the Book of Prescribed Punishments (Kitab Al-Hudud) presents profound legal and spiritual lessons regarding the implementation of hudud punishments in Islamic jurisprudence.
Legal Procedure and Evidentiary Standards
The Prophet's repeated turning away demonstrates the Islamic principle of making repentance easier than punishment. Scholars note he gave Ma'iz multiple opportunities to retract his confession.
The detailed questioning about the nature of the act establishes the strict evidentiary requirements for implementing hudud - requiring clear, unambiguous confession or four eyewitnesses to the actual act of penetration.
Spiritual Dimensions of Repentance
Nu'aym's initial advice to seek forgiveness rather than punishment reflects the primary Islamic emphasis on repentance over retribution. The Prophet's final remark confirms this priority.
Classical commentators explain that sincere repentance between a servant and Allah can avert prescribed punishments, making the public confession unnecessary if private repentance has occurred.
Implementation and Aftermath
The stoning location at Harrah (a rocky area) follows the prophetic practice of executing punishments outside residential areas to maintain community dignity.
The Prophet's disapproval of the killing during the punishment illustrates that once the legal punishment begins, it should be completed with dignity and without additional violence.
Scholarly Conclusions
This hadith establishes that confessions must be voluntary, specific, and repeated to eliminate doubt. It also demonstrates the Prophet's mercy in seeking every possible avenue to avoid implementing hudud punishments when alternatives exist.
The incident serves as a lasting lesson in balancing divine justice with divine mercy within Islamic legal tradition.