Ma'iz ibn Malik came to the Prophet (ﷺ) and admitted fornication twice. But he drove him away. He then came and admitted fornication twice. But he drove him away. He then came and admitted fornication twice. He (the Prophet) said: You have testified to yourself four times. Take him away and stone him to death.
Hadith Text & Context
Narrated Abdullah ibn Abbas: Ma'iz ibn Malik came to the Prophet (ﷺ) and admitted fornication twice. But he drove him away. He then came and admitted fornication twice. But he drove him away. He then came and admitted fornication twice. He (the Prophet) said: You have testified to yourself four times. Take him away and stone him to death.
Scholarly Commentary
This narration from Sunan Abi Dawud 4426 demonstrates the Islamic legal principle regarding hudud punishments - they require either clear evidence or voluntary confession. The Prophet's initial rejections of Ma'iz's confession served multiple purposes: giving him opportunities to reconsider, ensuring the confession was deliberate and not made under duress, and establishing that the punishment should not be applied if there's any doubt.
The requirement of four testimonies (or four confessions) aligns with the Quranic standard for proving unlawful sexual intercourse. The Prophet's counting of "four times" refers to the four separate admissions Ma'iz made after being turned away twice. This careful procedure emphasizes Islam's mercy and strict evidential standards before implementing hudud punishments.
Legal Principles Established
Confession must be voluntary, repeated, and unambiguous. The ruler should initially discourage confession to give opportunity for repentance. Hudud punishments require meeting strict evidential thresholds. The punishment is only implemented when all legal conditions are fulfilled without doubt. The community leader has responsibility to verify claims before applying punishments.