Muhammad ibn Ishaq said: I mentioned the story of Ma'iz ibn Malik to Asim ibn Umar ibn Qatadah. He said to me: Hasan ibn Muhammad ibn Ali ibn AbuTalib said to me: Some men of the tribe of Aslam whom I do not blame and whom you like have transmitted to me the saying of the Messenger of Allah (ﷺ): Why did you not leave him alone?
He said: But I did not understand this tradition. So I went to Jabir ibn Abdullah and said (to him): Some men of the tribe of Aslam narrate that the Messenger of Allah (ﷺ) said when they mentioned to him the anxiety of Ma'iz when the stones hurt him: "Why did you not leave him alone?' But I do not know this tradition.
He said: My cousin, I know this tradition more than the people. I was one of those who had stoned the man. When we came out with him, stoned him and he felt the effect of the stones, he cried: O people! return me to the Messenger of Allah (ﷺ). My people killed me and deceived me; they told me that the Messenger of Allah (ﷺ) would not kill me. We did not keep away from him till we killed him. When we returned to the Messenger of Allah (ﷺ) we informed him of it.
He said: Why did you not leave him alone and bring him to me? and he said this so that the Messenger of Allah (ﷺ) might ascertain it from him. But he did not say this to abandon the prescribed punishment. He said: I then understood the intent of the tradition.
Hadith Commentary: The Case of Ma'iz ibn Malik
This narration from Sunan Abi Dawud 4420 in the Book of Prescribed Punishments (Kitab Al-Hudud) presents a profound lesson regarding the implementation of Islamic legal punishments. The Prophet's statement "Why did you not leave him alone?" initially appears to suggest abandoning the hudud punishment, but as Jabir ibn Abdullah clarifies, this was misunderstood.
Scholarly Analysis
The Prophet's question was not to nullify the prescribed punishment for adultery, but rather to ensure proper procedure. He wanted the man brought before him for final confirmation and to eliminate any doubts about the confession. This demonstrates the Islamic legal principle of seeking every possible avenue to avoid implementing hudud when there is uncertainty.
Classical scholars emphasize that the Prophet's concern reflects the gravity of hudud punishments - they are meant to be implemented with utmost caution, proper investigation, and only when all conditions are definitively met. The companions' haste in execution, while technically correct in terms of the punishment itself, missed the procedural wisdom the Prophet sought to establish.
Legal Principles Derived
This incident establishes several key principles: 1) Hudud punishments require strict procedural safeguards, 2) Confessions must be free from coercion or misunderstanding, 3) Authorities should seek ways to avert punishments when possible doubts exist, 4) The spirit of Islamic law aims for repentance and reform rather than mere punishment.
The wisdom behind this approach is that Islamic law prioritizes the preservation of life and dignity while maintaining social order. The Prophet's methodology shows balance between enforcing divine limits and exercising mercy where circumstances warrant careful reconsideration.