The Chapters on Legal Punishments

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Abu Bakr ibn Abi Shaybah and Muhammad ibn al-Sabbah narrated to us; they said: Sufyan ibn 'Uyaynah narrated to us, from al-Zuhri, from 'Ubaydullah ibn 'Abdullah ibn 'Utbah, from Ibn 'Abbas, who said: 'Umar ibn al-Khattab said: I fear that, as time passes for people, someone will say: I find no stoning in the Book of Allah, and they will go astray by abandoning one of Allah's obligations. Indeed, stoning is true when a man has been previously married and proof is established, or there is pregnancy, or a confession. I have recited: The elderly man and the elderly woman, if they commit adultery, stone them both without fail. The Messenger of Allah (peace and blessings be upon him) stoned, and we stoned after him.

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Abu Bakr ibn Abi Shaybah narrated to us; 'Abbad ibn al-'Awwam narrated to us, from Muhammad ibn 'Amr, from Abu Salamah, from Abu Hurayrah, who said: Ma'iz ibn Malik came to the Prophet (peace and blessings be upon him) and said: I have committed zina. He turned away from him. He said again: I have committed zina, and he turned away from him. Then he said: I have committed zina, and he turned away. Then he said: I have committed zina, and he turned away from him, until he had confessed four times. Then he ordered that he be stoned. When the stones struck him, he turned and fled at a run. A man carrying a camel's jawbone met him, struck him with it, and knocked him down. The Prophet was told of his flight when the stones touched him, and he said: Why did you not leave him?

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Al-'Abbas ibn 'Uthman al-Dimashqi narrated to us; al-Walid ibn Muslim narrated to us; Abu 'Amr narrated to us; Yahya ibn Abi Kathir narrated to me, from Abu Qilabah, from Abu al-Muhajir, from 'Imran ibn al-Husayn, that a woman came to the Prophet (peace and blessings be upon him) and confessed to zina. He ordered that her garments be gathered and secured around her; then he stoned her, then he performed the funeral prayer over her.

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'Ali ibn Muhammad narrated to us; 'Abdullah ibn Numayr narrated to us, from 'Ubaydullah ibn 'Umar, from Nafi', from Ibn 'Umar, that the Prophet (peace and blessings be upon him) stoned two Jews. I was among those who stoned them. I saw him shielding her from the stones.

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Isma'il ibn Musa narrated to us; Sharik narrated to us, from Simak ibn Harb, from Jabir ibn Samurah, that the Prophet (peace and blessings be upon him) stoned a Jewish man and a Jewish woman.

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'Ali ibn Muhammad narrated to us; Abu Mu'awiyah narrated to us, from al-A'mash, from 'Abdullah ibn Murrah, from al-Bara' ibn 'Azib, who said: The Prophet passed by a Jew whose face had been blackened and who had been flogged. He called them and said: Do you find the prescribed punishment for an adulterer thus in your Book? They said: Yes. He summoned one of their scholars and said: I adjure you by Allah, who sent down the Torah to Moses: Is this how you find the punishment for an adulterer? He said: No. Had you not adjured me, I would not have told you. We find stoning as the punishment for the adulterer in our Book, but it became common among our nobles. When we caught a noble, we left him alone; when we caught a weak person, we carried out the punishment upon him. We said: Come, let us agree on something to impose on both noble and lowly alike. So we agreed on blackening the face and flogging instead of stoning. The Prophet (peace and blessings be upon him) said: O Allah, I am the first to revive Your command after they had extinguished it. He ordered that the man be stoned.

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Al-'Abbas ibn al-Walid al-Dimashqi narrated to us; Zayd ibn Yahya ibn 'Ubayd narrated to us; al-Layth ibn Sa'd narrated to us, from 'Ubaydullah ibn Abi Ja'far, from Abu al-Aswad, from 'Urwah, from Ibn 'Abbas, who said: The Messenger of Allah (peace and blessings be upon him) said: If I were to stone anyone without clear proof, I would stone so-and-so, for suspicion has become evident in her speech, her appearance, and those who enter upon her.

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Abu Bakr ibn Khallad al-Bahili narrated to us; Sufyan narrated to us, from Abu al-Zinad, from al-Qasim ibn Muhammad, who said: Ibn 'Abbas mentioned the two who had engaged in mutual imprecation. Ibn Shaddad said to him: Is she the one of whom the Messenger of Allah (peace and blessings be upon him) said: If I were to stone anyone without clear proof, I would stone her? Ibn 'Abbas said: That was a woman who made her conduct public.

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Muhammad ibn al-Sabbah and Abu Bakr ibn Khallad narrated to us; they said: 'Abd al-'Aziz ibn Muhammad narrated to us, from 'Amr ibn Abi 'Amr, from 'Ikrimah, from Ibn 'Abbas, that the Messenger of Allah (peace and blessings be upon him) said: Whoever you find committing the act of the people of Lot, kill the one who does it and the one to whom it is done.

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Yunus ibn 'Abd al-A'la narrated to us; 'Abdullah ibn Nafi' informed me; 'Asim ibn 'Umar informed me, from Suhayl, from his father, from Abu Hurayrah, from the Prophet (peace and blessings be upon him), concerning one who commits the act of the people of Lot. He said: Stone the upper and the lower; stone them both.

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Azhar ibn Marwan narrated to us; 'Abd al-Warith ibn Sa'id narrated to us; al-Qasim ibn 'Abd al-Wahid narrated to us, from 'Abdullah ibn Muhammad ibn 'Aqil, from Jabir ibn 'Abdullah, who said: The Messenger of Allah (peace and blessings be upon him) said: The thing I fear most for my community is the act of the people of Lot.

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'Abd al-Rahman ibn Ibrahim al-Dimashqi narrated to us; Ibn Abi Fudayk narrated to us, from Ibrahim ibn Isma'il, from Dawud ibn al-Husayn, from 'Ikrimah, from Ibn 'Abbas, who said: The Messenger of Allah (peace and blessings be upon him) said: Whoever you find having intercourse with a close female relative, kill him; and whoever you find having intercourse with an animal, kill him and kill the animal.

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Abu Bakr ibn Abi Shaybah and Muhammad ibn al-Sabbah narrated to us; they said: Sufyan ibn 'Uyaynah narrated to us, from al-Zuhri, from 'Ubaydullah ibn 'Abdullah, from Abu Hurayrah, Zayd ibn Khalid, and Shibl, who said: We were with the Prophet (peace and blessings be upon him) when a man asked him about a slave woman who commits zina before marriage. He said: Flog her. If she commits zina again, flog her. If she commits zina again, flog her. Then on the third or fourth time he said: Sell her, even for a rope of hair.

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Muhammad ibn Rumh narrated to us; he said: al-Layth ibn Sa'd informed us, from Yazid ibn Abi Habib, from 'Ammar ibn Abi Farwah, that Muhammad ibn Muslim told him that 'Urwah told him that 'Amrah bint 'Abd al-Rahman told him that 'Aishah told her the Messenger of Allah (peace and blessings be upon him) said: When a slave woman commits zina, flog her. If she commits zina again, flog her; if she commits zina again, flog her; if she commits zina again, flog her; then sell her, even for a plaited cord. A plait is a rope.

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Muhammad ibn Bashshar narrated to us; Ibn Abi 'Adiyy narrated to us, from Muhammad ibn Ishaq, from 'Abdullah ibn Abi Bakr, from 'Amrah, from 'Aishah, who said: When my innocence was revealed, the Messenger of Allah (peace and blessings be upon him) stood on the pulpit, mentioned the matter, and recited the Quran. When he came down, he ordered that one man and one woman be subjected to their prescribed punishment.

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'Abd al-Rahman ibn Ibrahim narrated to us; Ibn Abi Fudayk narrated to us; Ibn Abi Habibah narrated to me, from Dawud ibn al-Husayn, from 'Ikrimah, from Ibn 'Abbas, from the Prophet (peace and blessings be upon him), who said: If a man says to another, 'O effeminate one,' flog him twenty lashes; and if a man says to another, 'O sodomite,' flog him twenty lashes.

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Isma'il ibn Musa narrated to us; Sharik narrated to us, from Abu Husayn, from 'Umayr ibn Sa'id. (H) 'Abdullah ibn Muhammad al-Zuhri narrated to us; Sufyan ibn 'Uyaynah narrated to us; Muttarif narrated to us—I heard him—from 'Umayr ibn Sa'id, who said: 'Ali ibn Abi Talib said: I would not pay blood compensation for anyone upon whom I had carried out a prescribed punishment, except the wine drinker. The Messenger of Allah (peace and blessings be upon him) did not prescribe anything in that case; it is something we ourselves established.

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Nasr ibn 'Ali al-Jahdami narrated to us; Yazid ibn Zuray' narrated to us; Sa'id narrated to us. (H) 'Ali ibn Muhammad narrated to us; Waki' narrated to us, from Hisham al-Dastawa'i. Both chains report from Qatadah, from Anas ibn Malik, who said: The Messenger of Allah (peace and blessings be upon him) used to flog people for drinking wine with sandals and palm fronds.

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'Uthman ibn Abi Shaybah narrated to us; Ibn 'Ulayyah narrated to us, from Sa'id ibn Abi 'Arubah, from 'Abdullah ibn al-Danaj, who said: I heard Husayn ibn al-Mundhir al-Raqashi. (H) Muhammad ibn 'Abd al-Malik ibn Abi al-Shawarib narrated to us; 'Abd al-'Aziz ibn al-Mukhtar narrated to us; 'Abdullah ibn Fayruz al-Danaj narrated to us, who said: Husayn ibn al-Mundhir told me: When al-Walid ibn 'Uqbah was brought to 'Uthman, with witnesses testifying against him, he said to 'Ali: Go ahead, your cousin; carry out the prescribed punishment upon him. 'Ali flogged him and said: The Messenger of Allah (peace and blessings be upon him) gave forty lashes; Abu Bakr gave forty lashes; and 'Umar gave eighty. Each is a Sunnah.

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Abu Bakr ibn Abi Shaybah narrated to us; Shababah narrated to us, from Ibn Abi Dhi'b, from al-Harith, from Abu Salamah, from Abu Hurayrah, who said: The Messenger of Allah (peace and blessings be upon him) said: If he becomes drunk, flog him. If he repeats it, flog him. If he repeats it, flog him. Then, concerning the fourth time, he said: If he repeats it, strike his neck.