The Chapters on Legal Punishments

كتاب الحدود

Chapter 8: One Who Has Intercourse With The Slave Woman Of His Wife

It was narrated from Salamah bin Muhabbiq that

the case of a man who had intercourse with the slave woman of his wife was referred to the Messenger of Allah (ﷺ), and he did not stipulate any legal punishment for him.

Chapter 9: Stoning

It was narrated from Ibn`Abbas that `Umar bin Khattab said

“I fear that after a long time has passed, some will say: 'I do not find (the sentence of) stoning in the Book of Allah (ﷺ),' and they will go astray by abandoning one of the obligations enjoined by Allah (SWT). Rather stoning is a must if a man is married (or previously married) and proof is established, or if pregnancy results or if he admits it. I have read it (in the Quran). “And if an old man and an old woman commit adultery, stone them both.” The Messenger of Allah (ﷺ) stoned (adulterers) and we stoned (them) after him.' ”

It was narrated that Abu Hurairah said

“Ma`iz bin Malik came to the Prophet (ﷺ) and said: 'I have committed fornication,' and he (the Prophet (ﷺ)) turned away from him. He said: 'I have committed fornication,' and he turned away from him. Then, he said: I have committed fornication, and he turned away from him, until when he had confessed four times, he ordered that he should be stoned. When he was being struck with the stones, he ran away, but a man caught up with him who had a camel's jawbone in his hand; he struck him and he fell down. The Prophet (ﷺ) was told about how he fled when the stones hit him and he said: 'Why did you not let him be?'”

It was narrated from `Imran bin Husain that

a woman came to the Prophet (ﷺ) and confessed to committing fornication. He issued orders, and her garments were tightened around her (so that her private parts would not become uncovered) then he stoned her, then he offered the funeral prayer for her.

Chapter 10: Stoning A Jewish Man And Jewish Woman

It was narrated from Ibn`Umar

The Prophet (ﷺ) stoned two Jews, and I was among those who stoned them. I saw (the man) trying to shield (the woman) from the stones.”

It was narrated from Jabir bin Samurah that

the Prophet (ﷺ) stoned a Jewish man and a Jewish woman.

It was narrated that Bara' bin Azib said

“The Messenger of Allah (ﷺ) passed by a Jew with a blackened face who had been flogged. He called them and said: 'Is this the punishment for the adulterer that you find in your Book?' They said: 'Yes.' Then he called one of their scholars and said: 'I adjure you by Allah (SWT) Who sent down the Tawrah (Torah) to Musa! Is this the punishment for the adulterer that you find in your Book?' He said: 'No; if you had not adjured me by Allah (SWT), I would not have told you. The punishment for the adulterer that we find in our Book is stoning, but many of our nobles were being stoned (because of the prevalence of adultery among them), so if we caught one of our nobles (committing adultery), we would let him go; but if we caught one of the weak among us, we would carry out the punishment on him. We said: “Come, let us agree upon something that we may impose on both noble and weak alike.” So we agreed to blacken the face and whip them, instead of stoning.' The Prophet (ﷺ) 'O Allah (SWT), I am the first of those who revive your command which they had killed off,' and he issued orders that (the man) be stoned.”

Chapter 11: One Who Commits Immoral Actions Openly

It was narrated from Ibn`Abbas that the Messenger of Allah (ﷺ) said

“If I were to stone anyone without proof, I would have stoned so-and-so, for there is obviously doubt concerning her speech, her appearance and those who enter upon her.”

It was narrated that Qasim bin Muhammad said

“Ibn `Abbas mentioned two people who had engaged in the process of Li`an. Ibn Shaddad said to him: 'Is this the one of whom the Messenger of Allah (ﷺ) said: “If I were to stone anyone without proof I would have stoned so-and-so.” Ibn`Abbas said: 'No, that was a woman who, (although she was a Muslim), used to expose herself.'”

Chapter 12: Those Who Do The Action Of The People Of Lut

It was narrated from Ibn`Abbas that the Messenger of Allah (ﷺ) said

“Whoever you find doing the action of the people of Lut, kill the one who does it, and the one to whom it is done.”

It was narrated from Abu Hurairah that the Prophet (ﷺ) said concerning those who do the action of the people of Lut

“Stone the upper and the lower, stone them both.”

It was narrated from Jabir bin`Abdullah that the Messenger of Allah (ﷺ) said

“The thing that I most fear for my nation is the action of the people of Lut.”

Chapter 13: One Who Has Intercourse With A Mahram Relative And One Who Has Intercourse With An Animal

It was narrated from Ibn`Abbas that the Messenger of Allah (ﷺ) said

“Whoever has intercourse with a Mahram relative, kill him; and whoever has intercourse with an animal, kill him, and kill the animal.”

Chapter 14: Carrying Out Legal Punishment On Slave Women

It was narrated that Abu Hurairah, Zaid bin Khalid and Shibl said

“We were with the Prophet (ﷺ) and a man asked him about a slave woman who commits fornication (again), whip her, even if that is for a rope of hair.' ”

'Aishah narrated that the Messenger of Allah(ﷺ) said

“If a slave woman commits fornication then whip her, and if she commits fornication then whip her, and if she commits fornication then whip her, then sell her even if that is for a rope.”

Chapter 15: The Legal Punishment For Slander

It was narrated that 'Aishah said

“When my innocence was revealed, the Messenger of Allah (ﷺ) stood on the pulpit and mentioned that, and he recited Quran. When he came down, he ordered that the legal punishment (of slandering) be carried out on two men and a woman.”

It was narrated from Ibn Abbas that the Prophet (ﷺ) said

“If one man says another: 'O effeminate one!' give him twenty lashes. And if one man says to another: 'O homosexual!' give him twenty twenty lashes.”

Chapter 16: The Legal Punishment For Drunkenness

Ali bin Abi Talib said

“I would not pay the blood money (Diyah) for those on whom I carried out the legal punishment, except for the wine-drinker. The Messenger of Allah did not institute anything in that case, rather it is something that we would do.”

It was narrated that Anas bin Malik said

“The Messenger of Allah (ﷺ) used to beat (offenders) for drinking wine with sandals and date-palm stalks.”

Hudain bin Mundhir said

“When Walid bin `Uqbah was brought to `Uthman, they had testified against him. He said to 'Ali: 'You are close to your uncle's son, so carry out the legal punishment on him.' So 'Ali whipped him. He said: 'The Messenger of Allah (ﷺ) gave forty lashes, and Abu Bakr gave forty lashes, and 'Umar gave eighty all are Sunnah.'”