The Book of Legal Punishments

كتاب الحدود

Chapter 6: Stoning Jews and Ahl Adh-Dhimmah for Zina

Abdullah b. 'Umar reported that a Jew and a Jewess were brought to Allah's Messenger (ﷺ) who had committed adultery. Allah's Messenger (ﷺ) came to the Jews and said

What do you find in Torah for one who commits adultery? They said: We darken their faces and make them ride on the donkey with their faces turned to the opposite direction (and their backs touching each other), and then they are taken round (the city). He said: Bring Torah if you are truthful. They brought it and recited it until when they came to the verse pertaining to stoning, the person who was reading placed his hand on the verse pertaining to stoning, and read (only that which was) between his hands and what was subsequent to that. Abdullah b. Salim who was at that time with the Messenger of Allah (ﷺ) said: Command him (the reciter) to lift his hand. He lifted it and there was, underneath that, the verse pertaining to stoning. Allah's Messenger (ﷺ) pronounced judgment about both of them and they were stoned. Abdullah b. 'Umar said: I was one of those who stoned them, and I saw him (the Jew) protecting her (the Jewess) with his body.

Ibn Umar reported that Allah's Messenger (ﷺ) stoned to death the Jews, both male and female, who had committed adultery. The Jews brought them to Allah's Messenger (may peace he upon him). The rest of the hadith is the same.

Ibn 'Umar reported that the Jews brought to Allah's Messenger (ﷺ) a man and a woman who had committed adultery. The rest of the hadith is the same.

Al-Bara' b. 'Azib reported

There happened to pass by Allah's Apostle (ﷺ) a Jew blackened and lashed. Allah's Apostle (ﷺ) called them (the Jews) and said: Is this the punishment that you find in your Book (Torah) as a prescribed punishment for adultery? They said: Yes. He (the Holy Prophet) called one of the scholars amongst them and said: I ask you in the name of Allah Who sent down the Torah on Moses if that is the prescribed punishment for adultery that you find in your Book. He said: No. Had you not asked me in the name of Allah, I would not have given you this information. We find stoning to death (as punishment prescribed in the Torah). But this (crime) became quite common amongst our aristocratic class. So when we caught hold of any rich person (indulging in this offence) we spared him, but when we caught hold of a helpless person we imposed the prescribed punishment upon him. We then said: Let us argree (on a punishment) which we can inflict both upon the rich and the poor. So We decided to blacken the face with coal and flog as a substitute punishment for stoning. Thereupon Allah's Messenger (ﷺ) said: O Allah, I am the first to revive Thy command when they had made it dead. He then commanded and he (the offender) was stoned to death. Allah, the Majestic and Glorious, sent down (this verse):" O Messenger, (the behaviour of) those who vie with one another in denying the truth should not grieve you..." up to" is vouchsafed unto you, accept it" (v. 41) 2176 It was said (by the Jews): Go to Muhammad; it he commands you to blacken the face and award flogging (as punishment for adultery), then accept it, but it he gives verdict for stoning, then avoid it. It was (then) that Allah, the Majestic and Great, sent down (these verses):" And they who do not judge in accordance with what Allah has revealed are, indeed, deniers of the truth" (v. 44) ;" And they who do not judge in accordance with what Allah has revealed-they, they indeed are the wrongdoers" (v. 45) ;" And they who do not judge in accordance with what God has revealed-they are the iniquitous (v. 47). (All these verses) were revealed in connection with the non-believers.

This hadith has been narrated on the authority of A'mash up to the words

" Allah's Apostle (ﷺ) pronounced judgment and he was stoned (to death)" And he mentioned nothing subsequent to that pertaining to the revelation of verses.

Jabir b. 'Abdullah reported that Allah's Apostle (ﷺ) stoned (to death) a person from Banu Aslam, and a Jew and his wife.

This hadith has been transmitted on the authority of Juraij with a slight variation of words.

Abu Ishaq Shaibani said

I asked 'Abdullah b. Abu Aufi if Allah's Messenger (ﷺ) awarded (the punishment) of stoning (to death). He said: Yes. I said: After Sura al-Nur was revealed or before that? He said: I do not know.

Abu Huraira reported that he heard Allah's Messenger (ﷺ) as saying

When the slave-woman of any of you commits adultery and this (offence of hers) becomes clear, she should be flogged (as the prescribed) punishment, but hurl no reproach at her. If she commits adultery again, she should (again be punished) by flogging, but hurl no reproach upon her. If she commits fornication for the third time and it becomes clear, then he should sell her, even if only for a rope of hair.

This hadith his been narrated on the authority of Abu Huraira through another chain of transmitters with a slight variation of words.

Abu Huraira reported that Allah's Messenger (ﷺ) was asked about the slave-woman who committed adultery and was not protected (married). He said

If she commits adultery, then flog her and if she commits adultery again, then flog her and then sell her even for a rope. Ibn Shihab said: I do not know whether he said this (his statement pertaining to the sale of slave-woman) at the third or the fourth time. Ibn Shihab said that the word dafir (used in the text) means rope.

This hadith has been narrated on the authority of Abu Huraira and Zaid b. Khalid al-Jubani, but in this no merition is made of the words of Ibn Shihab that dafir means rope.

This hadith has been transmitted on the authority of Abu Huraira and Zaid b. Khalid al-Juhani in the same way as transmitted by Malik with this (difference) tnat there is a doubt whether her sale (that of the slave-girl committing adultery) was mentioned after the third or the fourth time.

Chapter 7: Delaying the Hadd punishment in the case of women who have just given birth

Abd al-Rahman reported that 'Ali, while delivering the address said

O people, impose the prescribed punishment upon your slaves, those who are married and those not married, for a slave-woman belonging to Allah's Messenger (ﷺ) had committed adultery, and he committed me to flog her. But she had recently given birth to a child and I was afraid that if I flogged her I might kill her. So I mentioned that to Allah's Apostle (ﷺ) and he said: You have done well.

This hadith has been narrated on the authority of as-Suddi with the same chain of trznsmitters, but he did not mention

" Those who are married and those who are not married." There is also an addition in it:" I spare her until she is all right."

Chapter 8: Hadd punishment for drinking alcohol

Anas b. Malik reported that a person who had drink wine was brought to Allah's Apostle (ﷺ). He gave him forty stripes with two lashes. Abu Bakr also did that, but when Umar (assumed the responsibilities) of the Caliphate, he consulted people and Abd al-Rahman said

The mildest punishment (for drinking) is eighty (stripes) and 'Umar their prescribed this punishment.

This hadith has been narrated on the authority of Anas through another chain of transmitters.

Anas b. Malik reported that Allah's Apostle (ﷺ) gave a beating with palm branches and shoes, and that Abu Bakr gave forty lashes. When Umar (became the Commander of the Faithful) and the people went near to pastures and towns, he said (to the Companions of the Holy Prophet). What is your opinion about lashing for drinking? Thereupon Abd al-Rahman b. Auf said

My opinion is that you fix it as the mildest punishment. Then 'Umar inflicted eighty stripes.

This hadith has been narrated on the authority of Hisham with the same chain of transmitters.

Anas reported that Allah's Apostle (ﷺ) used to strike forty times with shoes and palm branches (in case of drinking of) wine. The rest of the hadith is the same and there is no mention of pastures and towns.