When Ma'iz bin Malik came to the Prophet (in order to confess), the Prophet (ﷺ) said to him, "Probably you have only kissed (the lady), or winked, or looked at her?" He said, "No, O Allah's Messenger (ﷺ)!" The Prophet said, using no euphemism, "Did you have sexual intercourse with her?" The narrator added: At that, (i.e. after his confession) the Prophet (ﷺ) ordered that he be stoned (to death).
Limits and Punishments set by Allah (Hudood)
Sahih al-Bukhari 6824
Contextual Analysis
This narration from Sahih al-Bukhari demonstrates the Prophet's profound wisdom in handling confessions for hudood crimes. The Prophet ﷺ initially offered Ma'iz bin Malik multiple opportunities to retract his confession by suggesting lesser offenses - kissing, winking, or looking. This reflects the Islamic legal principle of seeking doubts (shubuhāt) to avert hudood punishments whenever possible.
Legal Wisdom in Questioning
The Prophet's ﷺ approach shows his mercy and desire to protect the Muslim from punishment. By suggesting alternative interpretations, he provided Ma'iz with opportunities to reconsider his confession. Only when Ma'iz persisted in his clear confession did the punishment become obligatory.
Principle of Hudood Application
Islamic jurisprudence emphasizes that hudood punishments should be averted by any possible doubt. The stoning was only implemented after: 1) Full confession without coercion, 2) Clear description of the act, 3) Repeated confirmation, and 4) Absence of any mitigating circumstances. This establishes the high standard of evidence required for implementing Allah's prescribed limits.
Scholarly Commentary
Classical scholars note that the Prophet's ﷺ use of direct language ("Did you have sexual intercourse with her?") after the initial euphemisms demonstrates the necessity of clarity in establishing guilt for hudood crimes. The punishment serves as both a purification for the sinner and a deterrent for the community, while the rigorous procedural requirements protect against wrongful application.