The Jews brought a man and a woman of them who had committed fornication. He said: Bring me two learned men or yours. So they brought the two sons of Suriya. He adjured them and said: How do you think about the matter if these two persons bear witness to the effect that they have seen his sexual organ in her female organ (penetrated) like a collyrium stick when enclosed in its case, they will be stoned to death. He asked: What is there which prevents you from stoning them: They replied : Our rule has gone, so we disapproved of killing. The Messenger of Allah (ﷺ) then called four witnesses. They brought four witnesses. Who testified that they had seen his sexual organ (penetrated) in her female organ like a collyrium stick when enclosed in its case. The Prophet (ﷺ) then gave orders for stoning them.
Hadith Text & Context
This narration from Sunan Abi Dawud 4452 describes a legal case brought before Prophet Muhammad (ﷺ) by the Jewish community regarding an adulterous couple. The incident demonstrates the Prophet's adherence to established divine law while ensuring proper legal procedure.
Legal Procedure Analysis
The Prophet (ﷺ) insisted on following the Torah's requirements by demanding two learned Jewish scholars to explain their law, showing respect for previous revelations and establishing justice through proper channels.
The vivid description "like a collyrium stick when enclosed in its case" indicates the requirement of definitive eyewitness testimony of actual penetration, eliminating any doubt about the nature of the act.
Scholarly Commentary
Classical scholars note that this hadith establishes several important principles: the validity of previous scriptures in matters not abrogated by Islam, the requirement of strict evidence for hudud punishments, and the importance of consulting people of knowledge in their own religious laws.
The Jews' admission that "our rule has gone" refers to their abandonment of Mosaic law, demonstrating how communities sometimes neglect divine commandments. The Prophet's subsequent calling of four Muslim witnesses shows the Islamic requirement for four witnesses in adultery cases.
Legal Implications
This narration confirms that stoning (rajm) was a prescribed punishment in Islamic law for married adulterers, continuing the Mosaic tradition. The meticulous attention to evidentiary standards reflects Islam's emphasis on preventing misuse of hudud punishments.
Scholars emphasize that the primary lesson is the sanctity of implementing divine law with justice and proper procedure, while also showing how Islamic law incorporates and confirms previous Abrahamic legal traditions.