Prescribed Punishments (Kitab Al-Hudud)

كتاب الحدود

Chapter 26: The stoning of the two jews

Narrated AbuHurayrah

(This is Ma'mar's version which is more accurate.) A man and a woman of the Jews committed fornication.

Some of them said to the others: Let us go to this Prophet, for he has been sent with an easy law. If he gives a judgment lighter than stoning, we shall accept it, and argue about it with Allah, saying: It is a judgment of one of your prophets. So they came to the Prophet (ﷺ) who was sitting in the mosque among his companions.

They said: AbulQasim, what do you think about a man and a woman who committed fornication? He did not speak to them a word till he went to their school.

He stood at the gate and said: I adjure you by Allah Who revealed the Torah to Moses, what (punishment) do you find in the Torah for a person who commits fornication, if he is married?

They said: He shall be blackened with charcoal, taken round a donkey among the people, and flogged. A young man among them kept silent.

When the Prophet (ﷺ) emphatically adjured him, he said: By Allah, since you have adjured us (we inform you that) we find stoning in the Torah (is the punishment for fornication).

The Prophet (ﷺ) said: So when did you lessen the severity of Allah's command? He said:

A relative of one of our kings had committed fornication, but his stoning was suspended. Then a man of a family of common people committed fornication. He was to have been stoned, but his people intervened and said: Our man shall not be stoned until you bring your man and stone him. So they made a compromise on this punishment between them.

The Prophet (ﷺ) said: So I decide in accordance with what the Torah says. He then commanded regarding them and they were stoned to death.

Az-Zuhri said: We have been informed that this verse was revealed about them: "It was We Who revealed the Law (to Moses): therein was guidance and light. By its standard have been judged the Jews, by the Prophet who bowed (as in Islam) to Allah's will.

Abu Hurairah said

A man and a woman of the Jews who were married committed fornication at the time when the Messenger of Allah (ﷺ) came to Medina. Stoning was a prescribed punishment for them in accordance with the Torah, but they abandoned it and followed tajbiyyah, meaning, the man was beaten a hundred times with a rope painted with tar and was seated on a donkey with his face towards the tail of the donkey. Their rabbis then assembled and sent some people to the Messenger of Allah (ﷺ). They said to them: Ask him about the prescribed punishment for fornication. The transmitter then mentioned the rest of the tradition. They version adds: They were not the followers of his religion, and he (the prophet) was to pronounce judgment between them. So he was given a choice in this verse:”If they do come to thee, either judge between them, or decline to interfere.

Jabir b. ‘Abd Allah said

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.

A similar tradition has also been transmitted by Ibrahim and al-Sha’bi from the Prophet (ﷺ) through a different chain of narrators. But this version does not mention the words

He called the witnesses who testified.

A similar tradition has also been transmitted by al-Sha’bi through a different chain of narrators.

Jabir bin ‘Abd Allah said

The Prophet (ﷺ) had a man and a woman of the Jews who had committed fornication stoned to death.

Chapter 27: A man who commits zina with a mahram relative

Narrated Al-Bara' ibn Azib

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.

Narrated Al-Bara' ibn Azib

I met my uncle who was carrying a standard. I asked him: Where are you going? He said: The Messenger of Allah (ﷺ) has sent me to a man who has married his father's wife. He has ordered me to cut off his head and take his property.

Chapter 28: A man who commits zina with his wife's slave woman

Narrated An-Nu'man ibn Bashir

Habib ibn Salim said: A man called AbdurRahman ibn Hunayn had intercourse with his wife's slave-girl. The matter was brought to an-Nu'man ibn Bashir who was the Governor of Kufah. He said: I shall decide between you in accordance with the decision of the Messenger of Allah (ﷺ). If she made her lawful for you, I shall flog you one hundred lashes. If she did not make her lawful for you, I shall stone you to death. So they found that she had made her lawful for him. He, therefore, flogged him one hundred lashes.

Qatadah said: I wrote to Habib b. Salim; so he wrote this (tradition) to me.

Narrated An-Nu'man ibn Bashir

The Prophet (ﷺ) said: about a man who had (unlawful) intercourse with his wife's slave girl: If she made her lawful for him, he will be flogged one hundred lashes; if she did not make her lawful for him, I shall stone him.

Narrated Salamah ibn al-Muhabbaq

The Messenger of Allah (ﷺ) made a decision about a man who had intercourse with his wife's slave-girl as follows. If he forced her, she is free, and he shall give her mistress a slave-girl similar to her; if she asked him to have intercourse voluntarily, she will belong to him, and he shall give her mistress a slave-girl similar to her.

Abu Dawud said: This tradition has been transmitted by Yunus b. 'Ubaid, 'Amr b. Dinar, Mansur b. Zadhan and Salam from al-Hasan to the same effect. But yunus and Mansur did not mention Qabisah.

Narrated Salamah ibn al-Muhabbaq

A similar tradition (to the No. 4445) has also been transmitted by Salamah ibn al-Muhabbaq from the Prophet (ﷺ).

This version has: If she asked her to have intercourse with her voluntarily, then she and a similar slave-girl would be given to her mistress from his property.

Chapter 29: One who does the action of the people of Lut

Narrated Abdullah ibn Abbas

The Prophet (ﷺ) said: If you find anyone doing as Lot's people did, kill the one who does it, and the one to whom it is done.

Abu Dawud said: A similar tradition has also been transmitted by Sulaiman b. Bilal from 'Amr b. Abi 'Umar. And 'Abbad b. Mansur transmitted it from 'Ikrimah on the authority of Ibn 'Abbas who transmitted it from the Prophet (ﷺ). It has also been transmitted by Ibn Juraij from Ibrahim from Dawud b. Al-Husain from 'Ikrimah on the authority of Ibn 'Abbas who transmitted it from the Prophet (ﷺ).

Narrated Abdullah ibn Abbas

If a man who is not married is seized committing sodomy, he will be stoned to death.

Abu Dawud said: The tradition of 'Asim proved the tradition of 'Amir b. Abi 'Amr as weak.

Chapter 30: One who has intercourse with an animal

Narrated Abdullah ibn Abbas

The Prophet (ﷺ) said: If anyone has sexual intercourse with an animal, kill him and kill it along with him. I (Ikrimah) said: I asked him (Ibn Abbas): What offence can be attributed to the animal/ He replied: I think he (the Prophet) disapproved of its flesh being eaten when such a thing had been done to it.

Abu Dawud said: This is not a strong tradition.

'Asim reported from Abu Razin on the authority of Ibn 'Abbas saying

Abu Dawud said: 'Ata is also so. Al Hakam said: I think he should be flogged, but the number should not reach the one of the prescribed punishment. Al-Hasan said: He is like a fornicator.

Abu Dawud said: THe tradition of 'Asim proves the tradition of 'Amr b. Abi 'Amr as weak.

Chapter 31: If the man confess to zina but the woman does not

Narrated Sahl ibn Sa'd

A man came to the Prophet (ﷺ) and made acknowledgment before him that he had committed fornication with a woman whom he named. The Messenger of Allah (ﷺ) sent someone to the woman and he asked her about it. She denied that she had committed fornication. So he gave him the prescribed punishment of lashes and left her.

Narrated Abdullah ibn Abbas

A man of Bakr ibn Layth came to the Prophet (ﷺ) and made confession four times that he had committed fornication with a woman, so he had a hundred lashes administered to him. The man had not been married. He then asked him to produce proof against the woman, and she said: I swear by Allah, Messenger of Allah, that he has lied. Then he was given the punishment of eighty lashes of falsehood.

Chapter 32: A man who does something less than intercourse with a woman, and repents before he is arrested by the imam.

‘Abd Allah (b. Mas’ud) said

A man came to the Prophet (ﷺ) and said: I contacted directly a women at the furthest part of the city (i.e., Medina), and I did with her everything except sexual intercourse. So here I am; inflict any punishment you wish. Thereupon ‘Umar said: Allah has concealed your fault; it would have been better if you also had concealed it yourself. The Prophet (ﷺ) sent a men after him. (When he came) he recited the verse: “And establish regular prayers at the two ends of the day and at the approaches of the night. . .” up to the end of the verse. A man from the people got up and asked: Is it particular to him, Messenger of Allah, or for the people in general? He replied: It is all the people.

Chapter 33: A slave girl commits zina and has not been married

Abu Hurairah and Zaid b. Khalid al-Juhani said

Ibn Shihab: I do not know whether he (the Prophet) said it is a third or a fourth time.