I was working in the market. A woman passed carrying a child. The people rushed towards her, and I also rushed along with them.
I then went to the Prophet (ﷺ) while he was asking: Who is the father of this (child) who is with you? She remained silent.
A young man by her side said: I am his father, Messenger of Allah!
He then turned towards her and asked: Who is the father of this child with you?
The young man said: I am his father, Messenger of Allah! The Messenger of Allah (ﷺ) then looked at some of those who were around him and asked them about him. They said: We only know good (about him).
The Prophet (ﷺ) said to him: Are you married? He said: Yes. So he gave orders regarding him and he was stoned to death.
He (the narrator) said: We took him out, dug a pit for him and put him in it. We then threw stones at him until he died. A man then came asking about the man who was stoned.
We brought him to the Prophet (ﷺ) and said: This man has come asking about the wicked man.
The Messenger of Allah (ﷺ) said: He is more agreeable than the fragrance of musk in the eyes of Allah. The man was his father. We then helped him in washing, shrouding and burying him. (The narrator said:) I do not know whether he said or did not say "in praying over him." This is the tradition of Abdah, and it is more accurate.
Hadith Commentary: Sunan Abi Dawud 4435
This narration from the chapter "Prescribed Punishments (Kitab Al-Hudud)" in Sunan Abi Dawud demonstrates the proper implementation of Islamic legal procedure regarding capital punishment for unlawful sexual relations (zina).
Legal Procedure Analysis
The Prophet's meticulous questioning establishes the classical requirement of confession (iqrar) for implementing hudud punishments when there are no witnesses. He asked the woman twice and verified the man's confession through multiple means.
The Prophet's inquiry about the man's marital status was crucial, as stoning (rajm) applies only to married persons (muhsan), while unmarried fornicators receive a different punishment.
Scholarly Insights
Classical scholars note that the man's voluntary confession, despite having the opportunity to remain silent, demonstrates the power of repentance. His acceptance of divine punishment purified his sin, making him "more agreeable than musk" to Allah.
The companions' assistance in washing, shrouding, and burying the executed man shows that Islamic punishments are not meant to degrade individuals but to fulfill divine justice while maintaining human dignity.
Juridical Principles
This hadith establishes that hudud punishments require strict evidential standards - either four eyewitnesses or voluntary confession without coercion. The Prophet's verification of the man's character and marital status prevents wrongful application.
The narration also illustrates the Islamic principle that accepting legal punishment expiates sins, transforming the offender's spiritual status before Allah while upholding societal justice.