حَدَّثَنَا مُسْلِمُ بْنُ إِبْرَاهِيمَ، حَدَّثَنَا هِشَامٌ، حَدَّثَنَا قَتَادَةُ، عَنْ زُرَارَةَ بْنِ أَوْفَى، عَنْ أَبِي هُرَيْرَةَ ـ رضى الله عنه ـ عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ ‏"‏ إِنَّ اللَّهَ تَجَاوَزَ عَنْ أُمَّتِي مَا حَدَّثَتْ بِهِ أَنْفُسَهَا، مَا لَمْ تَعْمَلْ أَوْ تَتَكَلَّمْ ‏"‏‏.‏ قَالَ قَتَادَةُ إِذَا طَلَّقَ فِي نَفْسِهِ فَلَيْسَ بِشَىْءٍ‏.‏
Translation
Narrated Jabir

A man from the tribe of Bani Aslam came to the Prophet (ﷺ) while he was in the mosque and said, "I have committed illegal sexual intercourse." The Prophet (ﷺ) turned his face to the other side. The man turned towards the side towards which the Prophet (ﷺ) had turned his face, and gave four witnesses against himself. On that the Prophet (ﷺ) called him and said, "Are you insane?" (He added), "Are you married?" The man said, 'Yes." On that the Prophet (ﷺ) ordered him to be stoned to the death in the Musalla (a praying place). When the stones hit him with their sharp edges and he fled, but he was caught at Al- Harra and then killed

Comment

The Case of Voluntary Confession

This narration from Sahih al-Bukhari 5270 demonstrates the Islamic legal principle regarding confession to major sins. The Prophet's initial turning away was not rejection but a profound mercy, giving the confessor opportunity to reconsider and repent privately without invoking mandatory punishment.

Evidentiary Requirements

Islamic law requires four upright witnesses to establish zinā (illegal sexual intercourse), making conviction nearly impossible without voluntary confession. The man's persistence in providing four witnesses against himself indicates his determination to attain purification through legal punishment.

The Prophet's question "Are you insane?" reflects concern for the confessor's mental state, as Islamic law exempts the mentally incompetent from legal responsibilities.

Marital Status Significance

The question "Are you married?" determines whether the punishment would be stoning (for married persons) or flogging (for unmarried). This distinction shows the gravity of violating marital trust versus premarital relations.

Legal Procedure and Divine Wisdom

Execution at the Musalla (prayer ground) emphasizes the public nature of legal punishments as deterrents. The man's attempt to flee during stoning demonstrates human instinct for self-preservation, yet the completion of the punishment underscores that divine law must be fulfilled once properly established.

This incident exemplifies the balance between God's mercy and justice - offering every opportunity for avoidance of punishment while maintaining the sanctity of Islamic law when evidence is conclusively established.