I saw Ma’iz b. Malik when he was brought to the Prophet (ﷺ). He was a small and muscular man. He did not wear the loose outer garment. He made confession about him four times that he committed fornication. The Messenger of Allah (ﷺ) said: Perhaps you kissed her. He said that this most discarded man has committed fornication. He said: So he had him stoned to death and gave an address, saying: Beware, whenever we go out on an expedition in the path of Allah, one of them (I.e. the people) lags behind with a bleating sound like that of a he-goat, and gives modicum of his milk(i.e. sperm) to one of the women. If Allah gives control over any of them, I shall deter him from them (i.e. women) by punishing him severely.
Hadith Text & Context
The narration describes the case of Ma'iz ibn Malik al-Aslami, who voluntarily confessed to fornication before the Prophet Muhammad (ﷺ). He was described as small, muscular, and not wearing a loose outer garment, indicating his humble social status. He confessed four times despite the Prophet's attempts to offer him excuses.
Scholarly Commentary on the Confession
Classical scholars note that the Prophet's repeated questioning ("Perhaps you kissed her") demonstrates the Islamic principle of seeking excuses for sinners and making repentance easier. The four separate confessions establish the strict evidentiary requirements for implementing hudud punishments.
Imam al-Nawawi explains that the Prophet gave Ma'iz multiple opportunities to retract his confession, showing the Islamic legal preference for doubt over certainty in criminal matters. The confession must be clear, voluntary, and repeated to eliminate any ambiguity.
Legal Principles Derived
This hadith establishes that stoning is the prescribed punishment (hadd) for married fornicators. Scholars differentiate between the punishment for unmarried fornicators (flogging) and married ones (stoning), with Ma'iz being subject to the latter.
The Prophet's subsequent address emphasizes the importance of military discipline and the severe consequences for those who abandon campaigns for illicit purposes. Scholars interpret this as applying the punishment as both a legal requirement and a deterrent for society.
Jurisprudential Significance
This narration in Sunan Abi Dawud 4422 from Kitab Al-Hudud serves as a foundational text for Islamic criminal law. It demonstrates the high standards of evidence required, the preference for forgiveness over punishment, and the careful procedural safeguards in implementing divine ordinances.
Classical commentators emphasize that the implementation of hudud requires legitimate Islamic authority, proper judicial process, and consideration of all mitigating circumstances - principles derived from the Prophet's handling of this case.