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‏الحدود (The Book of Prescribed Punishments)
CHAPTER: STONING TO DEATH OF JEWS AND OTHER DHIMMIS IN CASE OF ADULTERY  

No. 4211

Abdullah b. 'Umar reported that a Jew and a Jewess were brought to Allaah's Messenger (sallAllaahu alayhi wa sallam) who had committed adultery. Allaah's Messenger (sallAllaahu alayhi wa sallam) 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 Allaah (sallAllaahu alayhi wa sallam) said: Command him (the reciter) to lift his hand. He lifted it and there was, underneath that, the verse pertaining to stoning. Allaah's Messenger (sallAllaahu alayhi wa sallam) 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.

No. 4212

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

No. 4213

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

No. 4214

Al-Bara' b. 'Azib reported: There happened to pass by Allaah's Prophet (sallAllaahu alayhi wa sallam) a Jew blackened and lashed. Allaah's Prophet (sallAllaahu alayhi wa sallam) 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 Prophet) called one of the scholars amongst them and said: I ask you in the name of Allaah 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 Allaah, 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 Allaah's Messenger (sallAllaahu alayhi wa sallam) said: O Allaah, 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. Allaah, 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 Allaah, the Majestic and Great, sent down (these verses):" And they who do not judge in accordance with what Allaah has revealed are, indeed, deniers of the truth" (v. 44) ;" And they who do not judge in accordance with what Allaah 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.

No. 4215

This hadith has been narrated on the authority of A'mash up to the words:" Allaah's Prophet (sallAllaahu alayhi wa sallam) pronounced judgment and he was stoned (to death)" And he mentioned nothing subsequent to that pertaining to the revelation of verses.

No. 4216

Jabir b. 'Abdullah reported that Allaah's Prophet (sallAllaahu alayhi wa sallam) stoned (to death) a person from Banu Aslam, and a Jew and his wife.

No. 4217

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

No. 4218

Abu Ishaq Shaibani said: I asked 'Abdullah b. Abu Aufi if Allaah's Messenger (sallAllaahu alayhi wa sallam) 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.

No. 4219

Abu Huraira reported that he heard Allaah's Messenger (sallAllaahu alayhi wa sallam) 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 presribed) 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. It she commits fornication for the third time. and it becomes clear, then he should sell her, even if only for a rope of hair.

No. 4220

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

No. 4221

Abu Huraira reported that Allaah's Messenger (sallAllaahu alayhi wa sallam) was asked about the slave-woman who committed adultery and was not protected (married). He said: If she commits adultery, then flog her and it 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.

No. 4222

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.

No. 4223

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.




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