Prescribed Punishments
كتاب الحدود
Chapter 17: In Explanation of Wine, and the Threat to him who Drinks it - Section 1
Wa’il al-Hadrami said that Tariq b. Suwaid asked the Prophet about wine and he forbade him. When he told him that he made it only as a medicine he replied, “It is not a medicine, but is a disease.” Muslim transmitted it.
Chapter 18: In Explanation of Wine, and the Threat to him who Drinks it - Section 2
Jabir reported God’s Messenger as saying, “If a large amount of anything causes intoxication, a small amount of it is prohibited.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.
Anas quoted Abu Talha as saying he told God’s Prophet he had bought wine for orphans who were in his charge, and he replied, “Pour out the wine and break the wine-jars.” Tirmidhi transmitted it, but declared it weak.In Abu Dawud’s version it says he asked the Prophet about orphans who had inherited wine and he said, “Pour it out.” He asked if he might not make vinegar of it and he told him he must not.Abu Dawud
Chapter 3: Section 3
‘Amr b. al-'As told that he heard God's Messenger say, “Fornication will not appear among any people without their being punished by famine, and bribery will not appear among any people without their being punished by terror.”Ahmad transmitted it.
Ibn ‘Abbas and Abu Huraira reported God’s Messenger as saying, “Accursed is he who does what Lot's people did." In a version by him on the authority of Ibn ‘Abbas it says that ‘Ali had the two people concerned burned and that Abu Bakr had a wall thrown down on them.Razin transmitted it.
[Ibn ‘Abbas] reported God’s Messenger as saying, “God who is great and glorious will not look at a man who has intercourse with a man or a woman through the anus." Tirmidhi transmitted it, saying; this is a hasan gharib tradition.
Chapter 5: Maiming for Theft - Section 2
‘Abdallah b. ‘Abd ar-Rahman b. Abu Husain al-Makki reported God’s Messenger as saying, “A hand is not to be cut off for fruit which is hung up, or for a sheep stolen by night from the mountain;* but when the sheep is in its fold or the fruit in the place where it is dried a hand is to be cut off for whatever reaches the price of a shield.” Malik transmitted it.* Harisa jabal. It is used either of a sheep or goat stolen before it gets back from the mountain to the fold, or of one guarded in the mountain. The most satisfactory reason for the prescription would seem to be that animals kept in the mountain are not sufficiently protected.
Abu Huraira reported God’s Messenger as saying, "When, a slave steals sell him, even though it be for half an uqiyah.”* Abu Dawud, Nasa’i and Ibn Majah transmitted it.* Nashsh, This is half an uqiya, or twenty dirhams.
Chapter 6: Maiming for Theft - Section 3
Abu Dharr told that God’s Messenger addressed him by name and he replied, "At your service and at your pleasure, Messenger of God.” He said, "How will you do when death 1 smites people and a house, meaning a grave, will cost as much as a slave?” On his replying that God and His apostle knew best, he said, "Show endurance.” Hammad b. [Abu] Sulaiman said that the hand of one who rifles a grave 2 should be cut off because he had entered the deceased’s house. Abu Dawud transmitted it.1. Here "death” is used as a figure for a severe pestilence.2. Mirqat, iv, 59, say this is done to steal the shroud.
Chapter 7: Intercession regarding Prescribed Punishments - Section 1
‘A'isha said Quraish were anxious about the Makhzumi woman who had committed theft and asked, “Who will speak to God’s Messenger about her?” Then they said, “Who will be bold enough for it but Usama b. Zaid, God’s Messenger’s friend?” So Usama spoke to him and God’s Messenger said, “Are you interceding regarding one of the punishments prescribed by God?” He then got up and gave an address, saying, “What destroyed your predecessors was just that when a person of rank among them committed a theft they left him alone, but when a weak one of their number committed a theft they inflicted the prescribed punishment on him. I swear by God that if Fatima daughter of Muhammad should steal I would have her hand cut off.” (Bukhari and Muslim). In a version by Muslim she said that a Makhzumi woman used to borrow goods and deny having received them, so the Prophet gave orders that her hand should be cut off. Her family went and spoke to Usama and he spoke about her to God's Messenger. Then he mentioned the tradition in similar form to what has preceded.
Chapter 8: Intercession regarding Prescribed Punishments - Section 2
‘Abdallah b. ‘Umar told that he heard God’s Messenger say, “If anyone’s intercession intervenes as an obstacle to one of the punishments prescribed by God he has opposed God; if anyone disputes knowingly about something which is false he remains in the displeasure of God most high till he desists; and if anyone makes an untruthful accusation against a Muslim he will be made by God to dwell in the corrupt fluid flowing from the inhabitants of hell* till he retracts his statement.”Ahmad and Abu Dawud transmitted it. * Radghat al-khabal.In a version by Baihaqi in Shu'ab al-iman it says, “He who assists in a dispute, not knowing whether it is true or false, will remain in God’s displeasure till he desists.”Baihaqi in Shu'ab al-iman
Abu Umayya al-Makhzumi told that a robber who had made acknowledgment was brought to the Prophet, but no goods were found with him. God’s Messenger said to him, “I do not think you have stolen.” He replied that he had and repeated it to him twice or thrice, making acknowledgment all the time, so he gave orders and his hand was cut off. He was then brought to him and God’s Messenger said to him, “Ask God’s pardon and turn to Him in repentance.” He said, “I ask God’s pardon and turn to Him in repentance.” God's Messenger then said three times, “O God, forgive him.” Abu Dawud, Nasa’i, Ibn Majah and Darimi transmitted it. Thus did I find it in the four texts quoted, in Jami' al-usul, Shu'ab al-iman, and Ma'alim as-sunan on the authority of Abu Umayya, but in the texts of al-Masabih it is given on the authority of Abu Rimtha.**This is the kind of misunderstanding which can easily arise owing to the similarity of امیۃ and رمثۃ if not carefully written.
Chapter 10: The Prescribed Punishment for Drinking Wine - Section 1
When a drinker was brought in the time of God’s Messenger, during Abu Bakr’s Caliphate and in the beginning of ‘Umar’s Caliphate, we beat him with our hands, sandals and cloaks, but at the end of ‘Umar’s Caliphate he inflicted forty stripes, and when people were immoderate and excessively wicked he inflicted eighty stripes. Bukhari transmitted it.
Chapter 11: The Prescribed Punishment for Drinking Wine - Section 2
Jabir reported the Prophet as saying, “Beat anyone who drinks wine, and if he does it a fourth time kill him.” He said that after that a man who had drunk wine four times was brought to the Prophet and he beat him, but did not kill him. Tirmidhi transmitted it, and Abu Dawud transmitted it on the authority of Qablsa b. Dhu’aib. Another version by both of them and by Nasa’i, Ibn Majah and Darimi on the authority of some of the companions of God’s Messenger, including Ibn ‘Umar, Mu'awiya, Abu Huraira and ash-Sharid, stops at “kill him.”** This means that they gave only the Prophet’s words, and did not say anything about the man who was not killed.
Ibn ‘Abbas told that a man who had drunk and become intoxicated was found staggering in the road, so he was taken to God’s Messenger, but when he was opposite al-‘Abbas’s house he escaped, and going in to al-‘Abbas he grasped hold of him. When the Prophet was told that he laughed and said, “Did he do that?” and he gave no command regarding him. Abu Dawud transmitted it.
Chapter 12: The Prescribed Punishment for Drinking Wine - Section 3
‘Umair b. Sa'id an-Nakha‘i told that he heard ‘Ali b. Abu Talib say, “I am not one to have any feelings about a man who dies when I inflict a prescribed punishment on him, with the exception of one who has drunk wine, for if he were to die I would pay blood wit for him. Thai is because God’s Messenger did not lay down any specific custom regarding him.” (Bukhari and Muslim.)
Chapter 14: Curses are not to be Uttered over one who has Received a Prescribed Punishment - Section 2
Abu Huraira told that al-Aslami (i.e. Ma’iz. See p. 759) came to the Prophet and testified four times that he had had illicit intercourse with a woman, while he all the time was turning away from him. Then when he confessed a fifth time he turned round and asked if he had had intercourse with her, and when he replied that he had he asked if he had done it so that his member penetrated hers. He replied that he had, and he asked whether he had done it like a collyrium stick when enclosed in its case and a rope in a well. On his replying that it was so, he asked whether he knew what fornication was and he replied, “Yes, I have done with her unlawfully what a man may lawfully do with his wife.” He then asked what he wanted by what he had said and he replied that he wanted him to purify him, so he gave command and he was stoned to death. Then God’s prophet heard one of his companions saying to another, “Look at this man whose fault was concealed by God but who could not leave the matter alone, so that he was stoned like a dog." He said nothing to them but walked on for a time till he came to the corpse of an ass with its legs in the air. He then asked where so and so and so and so were, and when they replied that they were there he said, “Go down and eat some of this ass’s corpse.” They replied, “Prophet of God, who can eat any of this?” whereupon he said, “The dishonour you have just shown to your brother is more serious than eating some of it. By Him in whose hand my soul is, he is now among the rivers of paradise plunging into them.” Abu Dawud transmitted it.
Khuzaima b. Thabit reported God's Messenger as saying, “If anyone commits a sin and has inflicted on him the prescribed punishment for that sin, it is an atonement for him.” It is transmitted in Sharh as-sunna.
‘Ali reported the Prophet as saying, “If anyone transgresses and receives his punishment in this world, God is too just to repeat the punishment to His servant in the next; and if anyone transgresses and God conceals it and forgives him, He is too generous to go back upon a thing He has forgiven.” Tirmidhi and Ibn Majah transmitted it, Tirmidhi saying this is a gharib tradition.
Chapter 17: In Explanation of Wine, and the Threat to him who Drinks it - Section 1
Abu Huraira reported God’s Messenger as saying, “Wine comes from these two trees, the date-palm and the grapevine.” Muslim transmitted it.