The Book of Legal Punishments

كتاب الحدود

Chapter 5: One who confesses to Zina

Abu Sa'id reported that a person belonging to the clan of Aslam, who was called Ma, iz b. Malik, came to Allah's Messenger (ﷺ) and said

I have committed immorality (adultery), so inflict punishment upon me. Allah's Apostle (ﷺ) turned him away again and again. He then asked his people (about the state of his mind). They said: We do not know of any ailment of his except that he has committed something about which he thinks that he would not be able to relieve himself of its burden but with the Hadd being imposed upon him. He (Ma'iz) came back to Allah's Apostle (ﷺ) and he commanded us to stone him. We took him to the Baqi' al-Gharqad (the graveyard of Medina). We neither tied him nor dug any ditch for him. We attacked him with bones, with clods and pebbles. He ran away and we ran after him until he came upon the ston ground (al-Harra) and stopped there and we stoned him with heavy stones of the Harra until he became motionless (lie died). He (the Holy Prophet) then addressed (us) in the evening saying Whenever we set forth on an expedition in the cause of Allah, some one of those connected with us shrieked (under the pressure of sexual lust) as the bleating of a male goat. It is essential that if a person having committed such a deed is brought to me, I should punish him. He neither begged forgiveness for him nor cursed him.

This hadith has been narrated on the authority of Dawud with the same chain of transmitters but with this variation that in the hadith narrated by Sufyan (the words are)

" He made a confession of having committed adultery, thrice."

This hadith has been transmitted on the authority of Yahya b. Abu Kathir.

Abu Huraira and Zaid b Khalid al-Juhani reported that one of the desert tribes came to Allah's Messenger (ﷺ) and said

Messenger of Allah, I beg of you in the name of Allah that you pronounce judgment about me according to the Book of Allah. The second claimant who was wiser than him said: Well, decide amongst us according to the Book of Allah, but permit me (to say something). Thereupon Allah's Messenger (may peace be upon ham) said: Say. He said: My son was a servant in the house of this person and he committed adultery with his wife. I was informed that my son deserved stoning to death (as punishment for this offence). I gave one hundred goats and a slave girl as ransom for this. I asked the scholars (if this could serve as an expiation for this offence). They informed me that my son deserved one hundred lathes and exile for one year. and this woman deserved stoning (as she was married). Thereupon Allah's Messenger (may peace he upon him) said: By Him in Whose Hand is my life. I will decide between you according to the Book of Allah. The slave-girl and the goats should be given back, and your son is to be punished with one hundred lashes and exile for one year. And, O Unais (b. Zuhaq al-Aslami), go to this woman in the morning, and if she makes a confession, then stone her. He (the narrator) said: He went to her in the morning and she made a confession. And Allah's Messenger (ﷺ) made pronouncement about her and she was stoned to death.

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

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.

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.

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 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 8: Hadd punishment for drinking alcohol

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.

Ali reported

If I impose Hadd on anyone, and he (in course of punish ment) dies, I would not mind except in case of a drunkard. If he dies. I would pay indemnity for him because the Messenger of Allah (ﷺ) has laid down no rule for it.

Chapter 11: There is no Diyah for injuries caused by animals or by falling into a mine or well

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

No requital is payable for a wound caused by an animal, for (falling into) a well and a mine, and one-fifth (is the share of the government) in the buried treasure (treasure-trove).