while I was wandering in search of my camels which had strayed, a caravan or some horsemen carrying a standard came forward. The bedouin began to go round me for my position with the Prophet (ﷺ). They came to a domed structure, took out a man from it, and struck his neck. I asked about him. They told me that he had married his father's wife.
Hadith Text & Context
This narration from Sunan Abi Dawud 4456 describes an incident witnessed by a companion during the time of Prophet Muhammad (ﷺ). The narrator was searching for his lost camels when he encountered a military detachment carrying a standard, indicating official authority.
The bedouins recognized the narrator's connection to the Prophet (ﷺ) and proceeded to execute a man they had taken from a domed structure. When inquired about the reason, they explained the man had committed the grave sin of marrying his father's wife.
Legal Classification & Ruling
This hadith falls under the chapter of Prescribed Punishments (Kitab Al-Hudud). The offense committed is classified as "zina al-muhsan" (adultery by a married person) due to the marital relationship the woman had with the man's father, making this union incestuous and adulterous.
The punishment described—striking the neck—indicates execution, which aligns with the Islamic legal ruling for a muhsan (married person) who commits adultery. This severe punishment demonstrates the gravity of violating marital sanctity and family relationships in Islamic law.
Scholarly Commentary
Classical scholars emphasize that this punishment serves as a hudud (prescribed limit) from Allah, protecting society's moral fabric. The domed structure mentioned likely refers to a small building or tent where the offender was detained pending judgment.
Scholars note that the execution was carried out by authorized personnel under Islamic governance, not by vigilantes. The presence of a standard indicates official military or police authority. This underscores that hudud punishments must be implemented through proper Islamic judicial channels after meeting strict evidential requirements.
The incident also illustrates that such severe punishments were applied during the Prophet's era, establishing the precedent for Islamic criminal law regarding major moral transgressions that threaten family structure and social order.