النص المفهرس

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RULING: This hadith touches on two juristic question: the urine of lawful animals and use
of unlawful things as medicine. The contention of Imam Abu Hanifah ants, in the first
issue is that it is impure, but a mild (light) impurity. The reason is that when the scholars
differ on the question, it calls for flexibility in commands. The reason is that when the
scholars differ on a question, it calls for flexibility in commands. The Hanafis rely on the
hadith which calls upon Believer to guard themselves against drops of urine because
generally it lead to chastisement in the grave. Their second evidence is the hadith # 70
(above) about the Prophet صلى الله عليه وسلم coming across two graves.
Both these ahadith do not specify and kind for urine. One has to keep himself away from
being defiled by urine itself.
When two narrations seem to be contradictory then one must resort to sunrise to reconcile
them. Hence, the Hanafi thought seems more agreeable, for, urine of a lawful animal and of
an unlawful animal are the same. If one impure then the other is too.
Further, the hadith keep away from being defiled by urine is qawli (by word of mouth) and
a prohibitive command. According to principle, the prohibitive one is preferred as a
precautionary measure.
The Hanafis forward many explanations of the hadith of this chapter (under discussion).
1. The prophet that may have been informed by wahy that their cure lay in doing
that (consuming camel urine).
2. He may not have instructed them to consume it but apply it externally.
3. He may have known that they were in reality disbelievers as, indeed, they apostatized
thereafter.
THE SECOND QUESTION: Use of unlawful things as medicine. It is allowed to use them
if it is an unavoidable situation. But, if there is no danger to life then there is a difference of
opinion on the question. (Fadl Ahmad).
SECTION II
الفضلُ الثَّانِى
MUTILATION IS DISALLOWED
(٣٥٤٠-٣٥٤١) عَنْ عِمْرَاتَ بْنِ حُصَيْنٍ قَالَ كَاتَ رَسُولُ اللّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ يَحْثُّنَا عَلَى الشَّدَقَّةِ
4
وَيَنْهَانَا عَنِ الْمُعْلَةِ - رَوَاءُ أَبُودَاوُدَ وَرَوَاهُ النَّسَّائُّ عَنْ آَنَسٍ۔
صلى الله عليه وسلم narrated: Allah's Messenger رضى الله عنه Sayyiduna Imran ibn Husayn .3540
used to encourage us to give sadaqah (charity) and (used to) forbid us to mutilate
any body.1
3541. Sayyiduna Anas رضى الله عنه narrated the same hadith.2
COMMENTARY: Muthlah (ab) is to mutilate or sever any limb of a body. Some say that it
is forbidden to cut any limb of anybody . Others say that the Prophet صلى الله عليه وسلم forbade it
by way of makruh tanzihi (disapproved for purification), but the more correct is that to
meant that it is unlawful to do so.
As for the mutilation mentioned in the previous hadith (# 3539), we have explained there
that it was done in retaliation.
1 Abu Dawud # 2667, Darimi # 1656, Musnad Ahmad # 4-440.
2 Nasa'i # 4047.

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PROPHET'S MERCY رضى الأه عنه TO ANIMALS
(٣٥٤٢) وَعَنْ عَبْدِ الرَّحْمُنِ بْنِ عَبْدِ اللهِ عَنْ آَبِّهِ قَالَ كُنَّمَةَ رَسُوْلِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فْ سَفَرٍ فَانْطَلَقَ
◌ِجَاجَتٍِّ فَرَأَيْنَا كُتَّرَةٌ مَعَهَا فَرُخَانٍ فَأَخَذْنَا فَرُخَيْهَا فَجَاءَتِ الْحُبَّرَةُ فَجَعَلَتْ تُفَرِّشُ فَجَاءَ النَّبِىُّ صَلَّى اللهُ
عَلَيْهِ وَسَلَّمَ فَقَالَ مَنْ فَجَّعَ هذِهٍ بِوَلَدِهَا رُؤُوا وَلَدَهَا إِلَيْهَا وَرَأْىُ قَرُيَةَ أَمْلٍ قَدْخَرَّ قْنَاهَا قَالَ مَنْ حَرَّقَ هذِ؟
فَقُلْنَا تَحْنُ قَالَ إِنَّهُ لَا يَنْبَغِىِ أَنْ يُعَذِّبَ بِالنَّارِ إِلََّرَبُّ النَّارِ - (رواه ابوداؤد)
3542. Sayyiduna Abdur Rahman ibn Abdullah à , reported that his father
narrated that they were on a journey with Allah's Messenger صلى اللهعليه وسلم. He went to
relieve himself (at one point during the journey).They observed a hummarah (a
small bird) and two young ones with it. They took away the young birds. The
hummarah came and began to spread out its wings (in protest). When the Prophet
came (and saw it), he asked, "who has troubled this bird by removing its صلى الله عليه وسلم
young? Give back to it its young ones." Then he observed the anthill that they had
burned and asked "Who has burnt it?" They said, "We." He said, "It does not
behave any one, but the Lord of the fire, that He should punish with the fire."1
COMMENTARY: The hummarah is a bird of red colour, small like a sparrow.
The hadith concludes with the message that no human being has a right to burn anyone in fire.
As for ants, if they sting people without provocation, then they may be killed, otherwise it
is not proper to kill them. It is forbidden to burn down the ant hills and it is makruh
(disapproved) to put them in water. If only one ant stings, then only that one should be
killed. It is forbidden to kill the others with it.
صلى الله عليه وسلم WORST OF MANKIND FORETOLD BY THE PROPHET
(٣٥٤٣) وَعَنْ آنٍ سَعِيْدِنِ الْخُذُرِيِّ وَآَنَسِ بْنِ مَالِكٍ عَنْ تَّسُوْلِ اللَّهِ صَلَى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ سَيَگُؤْتُ فِى
أُمَّتِيِ إِخْتِلَافْ وَ فُرْقَةٌ قَوْمْ يُحْيِنُوْنَ الْقِيْلَ وَيُسِبْنُوْنَ الْفِعْلَ يَقْرَأُوْنَ الْقُرْآنَ لَا يُجَاوِزُ تَرَاقِتَهُمْ
يَعْرُقُونَ مِنَ الدِّيْنِ كَمَا يَعْرُقُ السَّهْرُ مِنَّ الَّمِيَّةِ لَّا يَرْجِعُوْنَ حَتَّى يَرْتَدَّ السَّهُمُ عَلَى فُوْقِهِ هُمْ شَرّ الحُلْقِ
وَالْخُلِيْقَةٍ ◌ُوْبِي لِمَنْ قَتَلَ هُمْ وَقَتَلُؤُهُ يَدْعُونَ إِلَى كِتَابِ اللَّهِ وَلَيُْوْا مِنَافِى شَىْءٍ مَنْ قَاتَّلَهُمْ كَانَ أَؤُلِى
بِاللّهِمِنْهُمْ قَالُوا يَا رَسُولَ اللَّهِ مَاسِيْمَا هُمْ قَالَ التَّحْلِيْقُ- (رواه ابوداؤد)
رضى الله and Sayyiduna Anas ibn Maalik ,رضى الله عنه Sayyiduna Abu Sa'eed Khudri .3543
said, "There will arise disagreement صلى الله عليه وسلم narrated that Allah's Messenger عنه
and dissension among my ummah. Some of them will be good at speech but evil in
deeds. They will recite the Quran but it will not go beyond their throats. They will
exit from the religion (meaning from obedience to the ulama (Scholars) and the
imam) just as an arrow shoots past the game, not to return till the arrow returns to
its notch. And, they are the worst of mankind and animals. Glad tidings are for
them who kill them or who are killed by them! (Thus, those who contend against
1 Abu Dawud # 2675, Musnd Ahmad 1-404.

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them to put on end to mischief and kill them or one killed have glad tidings in
either way - as ghazis or as martyrs.) They (seem to) invite people to Allah's Book
but are not among us (because they call for giving up the sunnah (Prophet's ,can
practice) which are the base of exegesis of the Quran) He who fights against
them is nearer to Allah then they are." Allah's Messenger صلى الله عليه وسلم was asked (by
his sahabah) (+), "O Messenger of Allah, what distinguishes them (from the
others)?" He said, "At-tahleeq!" (shaving the heads). 1
COMMENTARY: The Prophet's ,le . words means that three will be some people in
his ummah who spread dissension and create disunity among the Muslims. Their symbol is
that they will speak well but their deeds will be very bad. They will seem to be the only one
who wish well for the religion an are sincere to Allah and His Messenger ,ledo and
the Muslims but their deeds will be compatible with those who are tools of Islam's enemy,
aspirants of wealth and fame and slaves to base desires.
The words that they would recite the Quran ... could be an elaboration of the previous
words. Or, as Shatbi says, a separate phrase of substitution. Or, it explains the dissension
itself; two sections will arise, one will be on the right and the other will be false. Teebi said
that this opinion is supported by the hadith (# 3536) and in this case the word (es) (people)
will be the qualified noun of the next sentence. The predicate is (sballo,,4) (will recite the
Quran) and it describes the false sect. The true sect is then known (by itself) automatically.
Their recital will be mere delivery and pronunciation of words. They will not derive any
benefit from the verses of the Quran. Therefore, they will not believe in them and will not
conduct themselves on the commands of the Quran.
The words could also mean that their recital will not be accepted by Allah and be accepted
by Allah and will not go beyond their throats.
The hadith says that these dissenters and apostates will not return to religion till the arrow
that is shot returns to its notch from where it was shot. Now, the arrow cannot do that so it
is clear that the return of these people to religion is impossible. This particular sentence
recalls the words of the Quran:
حَتّى يَلِجَ الْجَمَلُ فِى سَيِّ الْخِيَاطِ
{ .... until the camel passes through the eye of the needle.] (7: 40)
The message of the hadith is that those people are utterly ignorant and misled and are in a
false impression that they are on the straight path already, so it is impossible for them to
come to the folds of religion.
صلى الله عليه وسلم at-tahleeq - 'shaving the heads'), the Prophet) (التحليق) As for the final word
mentioned it because, in that time, the Arabs were not accustomed to shave their heads.
This saying in no way detracts from shaving head because it is a symbol of religion and
obedience to Allah. It is the practice of the pious and the righteous.
Some scholars say that tahleeq does not mean 'shaving head' Rather, it means to get people
to sit in circles as these apostates used to make them do to show off.
THREE POSSIBILITIES OF DEATH PENALTY
(٣٥٤٤) وَعَنْ عَائِشَةَ قَالَتْ قَالَ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا يَحِلُّ دَمُ إِمْرِءٍ مُسْلِمٍ يَشْهَدُأَنْ لَّ إِلهَ إِلَّا
1 Abu Dawud # 4765, Musnad Ahmad 3-224.

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اللَّهُ وَاَّ مُحَتَّدًا رَسُولُ اللَّهِ إِلَّبِحُذِى ثَلَاثٍ زِنَّ بَعْدَ إِحْصَانٍ فَإِنَّه يُرُجَهُ وَرَجُلْ خَرَجٌ مُحَارِبًا لِلُهِ
وَرَسُوْلِهِ فَإِنَّهُ يُقْتَلُ أَوْ يُصَلَّبُ أَوْ يُنْقَى مِنَ الْأَرْضِ آَوْ يَقْتُلُ نَفْسًا فَيُقْتَلُ بِهَا- (رواه ابوداؤد)
3544. Sayyidah Ayshah رضى الله عنهاا narrated that Allah's Messenger صلى الله عليه وسلم said, "It
is not lawful to shed the blood of a Muslim person who testifies that there is no
God but Allah and that Muhammad is Allah's Messenger, except for one of three
reasons: Fornication after marriage which is punishable by stoning to death. One
who comes out to fight with Allah and His Messenger (by resorting to robbery and
rebellion), so he must be killed, or hanged, or imprisoned. And, one who kills
someone (deliberately), so he must be killed in retaliation."1
COMMENTARY:
The Arabic word is () (muhsin). He is a Muslim freeman,
responsible and married who has had sexual intercourse with his wife. If he commits
fornication then he is stoned to death.
The qazzaq (or robber) is given one of three punishments:
(i)
killing,
(ii)
hanging, or
(iii)
imprisonment.
If he could not rob but did kill someone in the process then he should be killed. And if he
robbed as well as killed someone then he should be hanged. Imam Maalik alus, said that
he should be killed by hanging, but Imam Shafi'I als, said that he should be killed first
and his body must be hanged for others to see and take heed.
As for the third kind which is imprisonment, Imam Shafi'I aves, interprets the words of the
hadith to mean that he should be exiled from place to place and never allowed to stay at
any one place to deny him peace and comfort.
Imam Abu Hanifah ato», interprets the words to mean that he should be imprisoned.
The punishment of imprisonment (or exile) is enforced when he neither robs nor kills but
he pesters the passers by instilling fear in them and creating chases.
This portion about punishment to robbers is derived from the verse of the Quran.
◌ِأَّمَا جَزَّآءِ الَّذِيْنَ يُحَارِ بُوْتَ اللّهَ وَرَسُوْلَهُ وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا أَنْ يُقَتَّلُؤْآْ أَوْ يُصَلَّبُوْا أَوْ تُقَّعَ
أَيْدِ يُهُمْ وَأَرُّجُلُهُمْ مِنْ خِلافٍ أَوْ يُنْفَوْا مِنَ الْأَرْضِ - (المائده٥: ٣٣)
{Those who fight with Allah and His Messenger and run about trying to spread
disorder on earth, their punishment is no other than that they shall be killed, or be
crucified, or their hands and legs cut off from different sides, or they be kept away
from the land (they live in)} (5: 33)
The words [their hands and legs must be cut off from different sides] ought to have been in
the hadith to make it agree with the verse. It is strongly possible that they were there
originally in the hadith before the words 'or banished from the land' (or imprisoned) but
the narrator may have forgotten to mention them, or he may not have included them
preferring brevity.
The word (31) (or) is found in the hadith as well as the Quran to elaborate but some scholars
1 Abu Dawud # 4353, Nasa'i # 4048, Musnad Ahmad 6-205,

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say that it suggest an option. The ruler was exercise his discretion to award any one of
these punishments to the robber.
:
DO NOT FRIGHTEN A MUSLIM
(٣٥٤٥) وَعَنِ ابْنِ آَنِيٍ لَيْلِى قَالَ حَدَّثَنَا أَصْحَابُ مُحَتَّدٍ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَنَّهُمْ كَانُوا يَسِيْرُؤُنَّ مَةَ رَسُولِ
اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَتَامَ رَجُلْ قِنْهُمْ فَانْطَلَقَ بَعْضُهُمُ إِلَى جَبَلٍ مَعَدٍ فَأَخَذَهُ فَفَزِءَ فقَالَ رَسُولُ اللهِ
صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا يَحِلُّ لِمُسْلِمٍ أَنْ تُرَوِّعَ مُسْلِمًّا - (رواه ابوداؤد)
3545. Sayyiduna Ibn Abu Layla al , said that some of the sahabah (Prophet's
Companions) رضى الله عنهمم of Muhammad رضى الله عنه narrated that they were on a journey
one night with Allah's Messenger. One of them went to sleep and another
approached him and placed a rope (round him). He took it and was alarmed. Allah's
Messenger , q à . (observed it and) said, "It is not lawful for a Muslim to
frighten another Muslim."1
DO NOT SURRENDER YOUR HONOUR TO BUY A NON MUSLIM'S IGNOMINY
(٣٥٤٦) وَعَنْ أَبِ الدَّرْدَاءِ عَنْ رَّسُوْلِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ أَخَذَ أَرْضًّا بِجِزُيَّتِهَا فَقَدِ اسْتَقَّالَ
هِجْرَتَهُ وَمَنْ نَزَعَ صَغَارَ كَافِرٍ مِنْ مُنُقِهِ فَجَعَلَهُ فِيْ عُنُقِهِ فَقَدٌ وَلَّى الْإِسْلَامَ ظَهُرَه-(رواه ابوداؤد)
3546. Sayyiduna Abu Darda رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"If anyone buys a land on which jizyah is imposed, then, indeed, he has revoked
hijrah. And, if anyone removes an infidel's ignominy from his neck and puts it on
his own, then, indeed, he has put Islam behind his back."2
COMMENTARY: (JIzyah is a head-tax or a poll-tax imposed on non-Muslims in Islamic
country against protection to them and they are called dhimmis. And hijrah is migration to
Muslim land.)
If a Muslim buys from a dhimmi a land on which jizyah is payable then he will be liable to
pay the jizyah that the seller had been paying. Because of this the Muslim will loss the
honour and rights that he had acquired on emigrating to Islamic territory and will burden
himself with the disgrace of a non Muslim by shouldering the severity of the jizyah.
In other words, he puts on his neck the ignominy of the infidel and pays for it by
surrendering his honour. Thereby, he makes disbelief stand for Islam.
Khattabi alas, said that in this hadith jizyah stands for kharaj (homage revenue) (which is a
tax imposed on non-Muslims on land revenue). When a Muslim buys from an infidel a
land on which Kharaj (homage revenue) is payable, then kharaj (homage revenue) will not
be waived. The Muslim buyer will have to pay it.
Imam Abu Hanifah als, rules accordingly.
MUSLIMS MUST NOT MINGLE WITH THE DISBELIEVERS
(٣٥٤٧). وَعَنْ جَرِيْرٍ بُنِ عَبْدِ اللهِ قَالَ بَعَثَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ سَرِيَّةً إِلَى خَشْعَمَ فَاعْتَصَمَ نَاسُ
1 Abu Dawud # 5004, Musnad Ahmad 5-362.
2 Abu Dawud # 3082.

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مِنْهُمُ بِالسُّجُودِ فَأُسْرِءَ فِيْهِمُ الْقَتْلُ فَبَلَغَ زَلِكَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَأَمَرَ لَّهُمْ بِنِصْفِ الْعَقْلِ وَقَالَ آَنَّا
بَرِئٍّ مِنْ كُلِّ مُسْلِمٍ مُقِيٍُّ بَيْنَّ أَظْهُرِ الْمُشْرِكِيْنَ قَالُوا يَا رَسُولَ اللُّهِلِمَ؟ قَالَ لَا تَتَرَاءُ نَارَاهُمَا-(رواه أبوداود)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Jarir ibn Abdullah .3547
, sent an expedition to Khath'am. Some of them sought protection by making
prostration (meaning, offering salah (prayer) to make clear to the Muslim any that
they were Muslims who had mingled with the disbelievers). But, their killing was
hastened (for, the Muslim army did not trust them, imagining that they were
deceiving them to save their skin, so they killed them too with the others). When
the Prophet صلى الله عليه وسلم learnt of that, he ordered that half the bloodwit should be
paid for them (to their heirs). And, he said, "I am absolved of responsibility for
every Muslim who resides among the polytheists." The sahabah (Prophet's
Companions) , à +, asked, "O Messenger of Allah, why (is it so)?" He said,
"Their fires should not be seen by one another."1
(Muslims should stay so far away from the disbelievers for the fire to not be visible. If
any Muslim mingles with them then its is as though he does not care for the command.)
COMMENTARY: The Prophet صلى الله عليه وسلم decided to give half bloodwit for the Muslim to
their heirs and not the full. The reason was that they had chosen to reside among the
polytheists and had sort of abetted in their own killing.
It is to this that the Prophet , at . hinted when he declared that he was absolved of
responsibility over Muslims who mingled with non Muslims.
He said that Muslims should reside so far away from the polytheists that their respective
fires should not be visible to one another.
DO NOT KILL ANYONE WITHOUT FIRST FINDING OUT FACTS
(٣٥٤٨) وَعَنْ أَبيْ هُرَيُرَةَ عَنِ النَّبِيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ الْإِيْمَانْ فَيَّدَ الْفَنْكَ لَّا يَقْتِكُ مُؤْمِنْ-(رواه ابوداؤد)
3548. Sayyiduna Abu Hurayrah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said
"faith forbids a sudden assault. So, a believer does not kill anyone suddenly."2
COMMENTARY: A Muslim must not take anyone's life of a sudden and without
ascertaining who the other is: a Muslim or an infidel. This same command applies for a
dhimmi because he is under protection of the Muslim state. He should not be killed. Of
course, this command does not apply to one who creates mischief in the Islamic state.
Examples of this are ka'b ibn Ashraf the Jew and Abu Rafi they were killed spontaneously.
The Prophet L,le allo was commanded by Allah to kill these two men. Some people say
that these two men were killed before the prohibition (in this hadith) to kill anyone suddenly.
KILLER OF SLAVE WHO FLEES TO ENEMY TERRITORY WILL NOT BE QUESTIONED
(٣٥٤٩) وَعُنُ جَرِيُرٍ عَنِ النَِّيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ إِذَا أَبَقَ الْعَبْدُ إِلَى الشِّرُكِ فَقَدُ حَلَّ دَهُه-(رواهابوداؤد)
3549. Sayyiduna Jarir narrated that the Prophet صلى الله عليه وسلم said, "When a slave runs
away to polytheism (meaning, enemy territory), his blood becomes lawful."3
1 Abu Dawud # 2645, Tirmidhi # 1604.
2 Abu Dawud # 22269.
3 Abu Dawud # 4360, Musnad Ahmad 4. 362.
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COMMENTARY: The hadith means that if anyone kills such a slave then he will not be
answerable. The slave preferred to take refuge with the polytheists and leave the Islamic
territory. And if a slave not only flees to . nemy land but also renegades then his blood is
lawful to a great degree.
صلى الله عليه وسلم KILLING ONE WHO IS DISRESPECTFUL TO THE PROPHET
(٣٥٥٠) وَعَنْ عَلِيٍّ آَّ يَهُوْدِيَّةٌ كَانَتْ تَشْتِمُ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَتَقَّهُ فِيْهِ فَخَتَقَّهَا رَجُلْ حَتَّى مَاتَتُ
فَأَبْطَلَ النَِّىُّ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ دَمَهَا-(رواهابوداؤد)
3550. Sayyiduna Ali narrated that a Jewess used to revile the prophet ,lea Lo and
to find fault with him. One man (could not tolerate her words of insult of the
Prophet صلى الله عليه وسلم and he) strangled her to death. The Prophet صلى الله عليه وسلم forgave
him her blood.1
COMMENTARY: If a disbelieving dhimmi is disrespectful to the prophet ,, . then
he violates the covenant which allows him protection by the Islamic state. He becomes like
an enemy disbeliever whose blood may be shed lawfully. This is as Imam Shafi'I says.
Imam Abu Hanifah ales, says that his covenant does not become invalid because of it. This
question may be found in books of fiqh (Islamic jurisprudence) toward the end of the Kitab
ul jizyah. The Hidayh has also reproduced relative arguments.
SORCERER MAY BE KILLED
(٣٥٥١) وَعَنْ جُنْدُبٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ حَدُّالسَّاحِرِ ضَرُبَةٌ بِالشَّيْفِ - (رواه الترمذى)
3551. Sayyiduna Jundub رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"The hadd (or the prescribed punishment) awarded to a sorcerer is to put him
the he sword."2
COMMENTARY: The scholars say that it is forbidden to practice sorcery.
They have different opinions about it. Imam Shafi'I ales, said that a sorcerer should be put
to death if his sorcery leads to disbelief and he does not repent.
Imam Maalik aku», and some other scholars maintain that a sorcerer is an infidel, sorcery is
disbelief, to learn and teach sorcery is disbelief. The sorcerer must be killed and he (or she)
should not be asked to repent whether he has cast a spell on a Muslim or on a dhimmi.
The Hanafis hold that if the sorcerer's conviction is that the devil is the doer and does for
him whatever he (the devil) likes, then the sorcerer is a disbeliever. If his conviction is that
sorcery is merely an imagination or a thought of the mind, then he is not a disbeliever but a
sinner. It is forbidden to learn sorcery.
In the marginal notes of Dhur Mukhtar, Tahtawi, it is written that sorcery is of three kinds:
(i) fard (compulsory), (ii) haram,(iii) Ja'iz.
(i)
If anyone learn it to remove the effects of the witchcraft of the enemy then it is
fard (compulsory) (obligatory).
(ii)
If anyone learns it to grow discord between husband and wife then it is haram
(forbidden).
(iii)
If anyone learns it to grow love between husband wife then it is Ja'iz
1 Abu Dawud # 4362.
2 Tirmidhi # 1460.

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(allowable).
The Hanbali scholars have differing views on magic being disbelief but their books are
cited in Tanqih that the repentance of a sorcerer is not reliable. He becomes a disbeliever
.
because of his sorcery.
He who practices sorcery on a Muslim must be killed.
Other things that are forbidden like sorcery are:
Soothsaying, astrology, divination and sleight of hand.
Not only learning and teaching but also earning through these things are forbidden.
SECTION III
الْفَضْلُ الثَّالِثُ
(٣٥٥٢) عَنْ أُسَامَةً بُنِ شَرِيْكٍ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَيُّمَا رَجُلٍ خَرَجَ يُفَرِّقُ بَيْنَ أُمَّتِى
فَاضْرِبُوْا عُنُقَد- (رواه النسائى)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Usamah ibn Sharik .3552
said, "Any man who goes out (against the imam of the time) and creates
division among my ummah strike his neck off."1
COMMENTARY: The imam is the axis on which the unity of the ummah is based. Every
Muslim is bound to obey and be faithful to him. He brings all Muslims under one banner
as a united force against the enemy of Islam. He keeps alive the glory of Islam.
If anyone goes out of this united sphere, then he is not the perpetrator of just one evil but
he tries to disturb the unity of the whole ummah.
Hence, if anyone has any misgivings, then they may be removed to his satisfaction. But, if
he does not desist and no amount of effort to correct him works, then he must be killed.
This is as Sayyiduna Ali رضى الهعنه had done with the Khawarij.
KHAWARIJ WERE FORETOLD
(٣٥٥٣) وَعَنْ شَرِيْكِ ابْنِ شِهَابٍ قَالَ كُنْتُ أَتَّمَتَّى أَبُ الْقَى رَجُلًا مِنْ أَصْحَابِ النَِّيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ
أَسْأَلَّهُ عَنِ الْخُوَارِجِ فَلَقِيْتُ أَبَابَرُزَةً فِيْ يَؤْمِ عُيِدٍ فِيْ نَفَرٍ مِنْ أَصْحَابِهٍ فَقُلْتُ لَهُ هَلْ سَمِعْتَ تَسُولَ اللهِصَلَّى
اللَّهُ عَلَيْهِ وَسَلَّمَ يَذْكُرُ الْهُوَارِجَ قَالَ نَعَمْ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِأُذُنَ وَرَآَيْتُهُ بِعَيْنَىَّ أُلِّ
رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بِمَالٍ فَقَسَمَةُ فَأَعْظِى مَنْ عَنْ زَمِيْنِهِ وَمَنْ عَنْ شِمَالِهٍ وَلَمْ يُعْطَّ مَنْ وَرَائَةِ شَيْئًّا
فَقَامَ رَجُلْ مِنْ وَّرَائِهِ فَقَالَ يَا مُحَمَّدُ مَا عَدَلْتَ فِ الْقِسْمَةِ رَجُلْ أَسْوَدُ مَظْهُوُمُ الشَّعُرِ عَلَيْهِ ثَوْبَانٍ
ائْتَضَانٍ فَغَضِبَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ غَنْبًّا شَدِيْدًا وَقَالَ وَاللّهِ لَاتَّهِدُونَ بَعْدِىْ رَجُلًا هُوَ
أَعْدَلُ مِنِِّ ثُمَّ قَالَ يَخْرُُ فِي أَخِرِ الزَّمَانِ قَوْمْ كَانَ هِذَا مِنْهُمْ يَقْرَءُوْنَّ الْقُرْآنَ لَا يُجَاوِزُ تَرَاقِتَهُمُ
يَمْرُقُؤْنَ مِنَ الْإِسْلَامِ كَمَا يَعْرُقُ السَّهُمُ مِنَ الرَّمِيَّةِ سِيْمَا هُمُ التَّحْلِيْقُ لَّا يَزَالُوْنَّ يَخْرُجُوْتَ حَتُّى
يَخْرُجَ أَخِرُ هُمْ مَعَ الْمَسِيْحِ الَّجَّالِ فَإِذَا لَقِيْتُمُوْهُمْ هُوَّ شَرُّ الْخُلْقِ وَالْخُلِيْقَهِ- (رواه النسائي)
1 Nasa'i # 4023, (4028), Tabarani Kabir # 487, Kubra # 3486.

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3553. Sayyiduna Sharik ibn Shihab aus, narrated that he cherished a desire to meet
one of the sahabah (Prophet's Companions) رضى الله عنهمم of the Prophet صلى اللهعليه وسلم and
صلى اللهعليه وسلم to ask him about the Khawarij. (He wanted to know whether the Prophet
had foretold the ones that had begun to appear.) He met Abu Barzah usa +, on the
day of eed among some of his companions, and asked him, "Had you heard Allah's
Messenger صلى الله عليه وسلم mention the Khawarij?" He said, Yes! I did hear Allah's
Messenger صلى الله عليه وسلم with my ears and saw him with my eyes. Some property was
brought to Allah's Messenger صلى الله عليه وسلم. He divided it. He gave to those on his
right and to those on his left, but he gave nothing to those who were behind him. A
man (among those) behind him got up and complained, 'O Muhammad, you have
not been fair in dividing." He was a black man with all his hair shaved off and he
صلى الله عليه وسلم was wearing a pair of white garments. This made Allah's Messenger
very angry. He said, 'who will you find after me more just then I am?' Then, he
added, 'toward the end of time, a people will emerge and this one seems to be one
of them. They will recite the Quran but it will not go past their throats. They will
(rebel against the ruler and) turn away from Islam (as rapidly) as an arrow shoots
past the game at which it is shot. Their peculiar sign will be at tahleeq (their shaved
heads). They will not cease to appear (in every age) till the last of them emerges
with al-masih ad-dajjah. (He will come out against Easa (>Jinde when he descends
on earth before the Last day). When you meet them, (kill them, for) they and the
worst of man and animals."1
FACES OF THE DAY OF RESURRECTION
(٣٥٥٤) وَعَنْ أَبِيٍ غَالِبٍ رَأْى أَبُوْ أُمَامَةَ رُءُوسًا مَنْصُوْبَةٌ عَلَى دَرَجِ دَمِشْقَّ فَقَالَ أَبُوْ أُمَامَةَ كِلَابُ النَّارِ شَرُّ قَتْلى
تَحْتَ أَدِيُمِ الشَّمَاءِ خَيْرُ قَتْلى مَنُ قَتَلُؤْهُ نُؤَّ قَرَأَ يَوْمٌ تَبْيَقُّ وُجُوْْ وَ تَسْوَهُ وُجُوْهُ - الْآَيَّة- قِيْلَ لِأَبِ أُمَامَةً
أَنْتَ سَمِعْتَ مِنْ زَّسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَوْلَهُ أَسْمَمْهُ إِلَّ مَرَّةً أَوْ مَرَّتَيْنِ أَوْثَلَاثًا حَتَّى عَدَّسَبْهَا
مَا حَدَّثْتُكُمُوْهُ- رَوَاهُ التِّزْ مِذِىُّ وَابْنُ مَاجَةً وَقَالَ التِّزْ مِذُِّ هُذَا حَدِيْثُ حَسَنْ۔
3554. Sayyiduna Abu Ghalib رحمه الله narrated that Abu Umamah رضى الله عنه saw some
heads (of the Khawarij) hanging on the road of Damascus - or they were placed
thereon. He remarked, "Dogs of hell! The worst of those slain under the sky (on the
surface of the earth)! The best of those slain were the ones they have killed!" then
he recited:
يَوْمّ تَبْيَقُّ وُجُوْْ وَتَسْوَذُ وُجُوْهُ - الْآيَةُ
{On the day when (some) faces are brightened and other faces are blackened ... } (3:
106, to the end)
صلى الله عليه وسلم Someone asked Abu Umamah, "Did you hear it from Allah's Messenger
He said, "If I had not heard it once, twice, thrice," (four times .... ) till he counted up
to seven times. "I would not have mentioned it to you."2
1 Nasa'i # 4103.
2 Tirmidhi # 3000 (3011), Ibn Majah # 176, Musnad Ahmad 5-256.
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صلى اللهعليه وسلم (.He meant that he had heard it very often from the Prophet)
COMMENTARY: The verse that Sayyiduna Abu Umamah edn +, recited is in full:
يَوْمّ تَبْيَضُّ وُجُوْهْ وَتَسْوَذُ وُجُوْهُ فَأَمَّا الَّذِيْنَ اسْوَدَّتْ وُجُوْهُهُمْ آَكَفَرْتُمْ بَعْدَ إِيْمَانِكُمْ فَذُؤْقُوا الْعَذَابَ بِمَّا
كُنْتُرْ تَكْفُرُونَ- (آل عمران ١٠٢:٣)
(On the day when (some) faces are brightened and other faces are blackened, then as
for those whose faces are blackened (it will be said to them), "Did you disbelieve
after your belief? So taste the chastisement because of what you disbelieved.} (3: 106)
Then ulama (Scholars) say about the heads mentioned in the hadith that they belonged to
the apostates. Some others say that they be longed to the innovators. But, Sayyiduna Abu
Umamah al+, said that they belonged to the Khawarij.
{The name of Abu Ghalib alles, was Hazawwar and of Abu Umamah Bahili sad+, was
Sudayy ibn Ajlan, the chief of the Bahilah tribe).

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بسم الله الرحمن الرحيم
BOOK - XVI
KITAB-UL-HUDUD
كِتَابُ الْحُدِ
PRESCRIBED PUNISHMENT
MEANING OF HADD (PRESCRIBED PUNISHMENT): the word hudud is the plural of the
word hadd (prescribed punishment). The true meaning of hadd (prescribed punishment) is
'forbidden.' It also stands for 'obstruction. In Shari'ah (divine law), hudud are the
punishments that are prescribed by Allah's Book and the sun nah of Allah's Messenger a.
flujo,le and are defined, too. Examples are punishment for robbery, adultery, drinking wine.
If the basic meaning of hadd (prescribed punishment) 'obstruction' or' prohibition, is
remembered then it will be clear why the prescribed punishments are so-called. It is
because these punishments hinder the creatures from committing sin, for, fear of them
comes between man and crime.
Hududullah are also the maharim or a degree of consequently.1
It is as Allah, the Exalted, says:
تِلْكَ حُدُوُدُ اللَّهِ فَلَا تَقُرَ بُوْهَا
{They are the limits of Allah, so do not go near them} (2: 187)
It must be borne in mind that 'hudud' applies in both cases in its basic sense of 'forbidden'
or 'prohibited' because marriage and being alone with the maharim is also forbidden and
prohibited, as is to exceed the decrees or maqadir of Shariah.
DETAILS OF PUNISHMENT: If we look at the law relating to 'crime and punishment' in
Shari'ah (divine law), we find that here are three kinds of punishments in Shari'ah (divine
law). They are:
(1)
The punishment that are prescribed and defined by Allah but they are
enforced by the creatures. No outside power, like the ruler or the state, can
interfere to prescribe them. This kind of punishment is termed by Shari'ah
(divine law) as Kaffarah (expiation or atonement). Examples of its
application are expiation for breaking an oath, breaking a prescribed fast in
Ramadan.
(2)
The punishments that are prescribed by the Book of Allah and the sunnah
(Prophet's صلى الله عليه وسلم practice) of Allah's Messenger صلى الله عليه وسلم and are
defined too (for the defined crimes). While the ruler and the state have the
right to enforce them, yet no one can enact them. Shari'ah (divine law)
terms this kind of punishment 'hadd (prescribed punishment); (Prescribed
punishments or limits). Examples of their application are punishment for
robbery, adultery, drinking wine.
1 relations that cannot marry one another.

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(3)
The book and the sunnah (Prophet's صلى الله عليه وسلم practice) have not prescribed
these punishment but they have defined the evil things call for these
punishments as crimes. The ruler and the state are authorized to prescribe
the punishment at their discretion according to the circumstances. They
have the right to enact the law but within the limits prescribed by Shari'ah
(divine law). This kinds of punishment are termed by Shari'ah (divine law)
as Ta'zeer (also spelt tazir), or dictionary punishment
DIFFERENCE BETWEEN HADD (PRESCRIBED PUNISHMENT) & TAZEER: The basic
difference between hadd (prescribed punishment) and ta'zeer is that the former are
punishments for violations of rights of Allah. No creature has a say in it. Ta'zeer is a term
for punishments at the discretion of the creatures. The ruler may even forgive a person who
. is otherwise liable to receive this punishment. He may, depending on the circumstance and
wisdom, reduce or increase or even change the punishment.
In short, hadd (prescribed punishment) is defined by Allah and no one is authorized to alter it.
Ta'zeer is entrusted to the judge or the state. It is because of the lack of its determined
nature that ta'zeer is not called hadd (prescribed punishment).
Qisas is also a creature's right. He is authorized to forgive the culprit. So, it cannot be called
hadd (prescribed punishment).
CHAPTER - I
SECTION I
PROPHET'S JUDGEMENT IN A CASE OF ADULTERY1
(٣٥٥٥) عَنْ آبيْ هُرَيْرَةً وَزَيْدٍ بْنِ خَالِدٍ أَكَّ رَجُلَيْنِ إِخْتَصَمَا إِلَى رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ
أَحَدُهُمَا اقْضِ بَيْنَا بِكِتَّابِ اللَّهِ وَقَالَ الْآخَرُ أَجَلُ يَا رَسُوْلَ اللَّهِ فَاقْضِ بَيْنَنَا بِكِتَابِ الله وَائْذَُ لِيُّ
أَنْ آَتَّكَلَّمَ قَالَ تَكُلَّمُ قَالَ إِثَّ ائِ كَاتَ حَسِيْفًا عَلَى هُذَا فَزَنى بِمْرَأَتِهِ فَاخْبَرُوْنِيْ آَّ عَلَى ابْنِى الَّجْمَ
فَاقْتَدَيْتُ مِنْهُ بِمَائَةٍ شَاءٍ وَبِجَارِيَّةٍ لِيْ ثُمَّ إِّ سَأَلْتُ أَهْلَ الْعِلْمِ فَأَخْبَرُوْنِيْ آَرَّ عَلَى ابْنَى جَلُدَ مِائَةٍ وَ
تَغْرِيْبُ عَامٍ وَإِنَّمَا الرَّجُمُ عَلَى امْرَاتِهِ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ آَمَّا والَّذِئْ نَفْسِ بِيَدِهِ لَّاَ قْضِيَّ
بَيْتَكُمَا بِكِتَابٍ اللـه أَمَّا غَتَمُكَ وَجَارِيَتُكَ فَرَدْ عَلَيْكَ وَأَمَّا ابْنُكَ فَعَلَيْهِ جَلْدُ مِائَةٍ وَتَغْرِيُبُ عَامٍ وَآَمَّا
أنْتَ يَا أُنَيْسُ فَاغْدُ عَلَى امْرَآَةٍ هُذَا فَإِنِ اعْتَرَفَتُ فَارْ جُمْهَا فَاعْتَرَفَتُ فَرَجَمَهَا - (متفق عليه)
رضى الله عنه and Sayyiduna Zayd ibn Khalid رضى الله عنه Sayyiduna Abu Hurayrah .3555
narrated that two man brought a dispute before Allah Messenger Luca 1 .. One of
them submitted, "Judge between us in accordance with Allah's Books." The other
submitted, "Yes, O Messenger of Allah, judge between us in accordance with the
Book of Allah, And, permit me to speak." He said, "Speak!" So, the man said, "My
son was hired labourer with this man and committed adultery with his wife I was
1 Generally zina is translated but sometimes the word fornication is used for the un married, but not
necessarily.

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told that my son would be stoned to death. So, I ransomed him with one hundred
sheep and my female slave. Then, I asked the scholars and they informed me that
my son was liable to receive one hundred stripes and to be banished for one year
(because he was an unmarried man) and that this man's wife was liable to stoning
to death (being a married woman). Allah's Messenger صلى الله عليه وسلم said, "By Him in
whose hand is my soul, indeed, I shall judge between you in accordance with the
Book of Allah. As for your sheep and your female slave they ought to be returned to
you. Your son will be awarded one hundred lashes and will be exalted for one year
(if he confesses his son, or there are four witnesses to establish the crime of
fornication.)" Then he said to Unays usa.). "O Unays, go to this man's wife. If she
confesses, stone her to death." She did confess and he stoned her to death.1
COMMENTARY: The 'Book of Allah' does not refer to the noble Quran but to the
command of Allah. The reason is that the Quran does not have the command of rajm or
stoning to death mentioned in it. However, it is possible that this incident had taken place
when the verse of rajm had not been abrogated from the Quran for recital and the words
Book of Allah in the hadith refer to the Quran itself.
Imam Shafi a , contends that banishment for one year is part of hadd (prescribed
punishment). He says that if an unmarried commits fornication then the punishment is one
hundred stripes and being exiled for one year.
Imam Abu Hanifah at , said that one year's banishment is not part of hadd (prescribed
punishment) but part of exigencies at the option of the ruler.
Some others maintain that in the inception of Islam, this rule applied but was abrogated
when the verse 2 of surah an-Nur was revealed:
الزَّانِيَّةُ وَالزَّانِيِ فَاجُلِدُوا كُلَّ وَاحِدٍ قِنْهُمَا مِائَةَ جَلْدَةٍ
{The adulteress and the adulterer scourge each one of the twian a hundred stripes.}
(24: 2)
As for the woman, she confessed and Sayyiduna Unays « a +, stoned her to death. It
seems that one confession is enough for the prescribed punishment to be imposed, and
Imam Shafi'I als, goes by this. But, Imam Abu Hanifah ale, holds that it is necessary to
confess four times in four sittings. He says that the confession in this hadith is the same,
meaning four time. It is authentic and reliable and is clearly borne out by other ahadith.
UNMARRIED PERSON'S PUNISHMENT
(٣٥٥٦) وَعَنْ زَيْدٍ بُنِ خَالِدٍ قَالَ سَمِعْتُ النَّبِيَّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ يَأْمُرُ فِيْمَنْ زَنى وَلَمْ يُحُمِنُ جَلْدَ مِائَّةٍ
وَتَغْرِيُتَ عَاپٍ- (رواه البخارى)
صلى اله عليه narrated that he heard the Prophet رضى الله عنه Sayyiduna Zayd ibn Khalid .3556
duy give command about an unmarried man who commits fornication that he
should be awarded one hundred lashes and be exiled for one year.2
COMMENTARY: The word in the text () (muhsin) is the sensible, adult Muslim who is
married and had has a sexual relationship with his wife. If an unmarried man (ghayr muhsin)
1 Bukhari # 6633, Muslim # 25-1697, Tirmidhi # 1433 (1438), Abu Dawud # 4445, Nasa'i # 5410, Ibn
Majah # 2549, Darimi # 2317, Muwatta Maalik # 6 (Hudud), Musnad Ahmad 4. 115.
2 Bukhari # 6831.

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has illicit sex then he is punished as mentioned in this hadith: one hundred stripes and a
year's banishment. The punishment of banishment has been explained previously. As for the
stripes, they should not be hit on the head, face and concealed portions.
PUNISHMENT AWARDED TO MARRIED PERSON
(٣٥٥٧) وَعَنْ عُمَرَ قَالَ إِّ اللّهَ بَعَثَ مُحَمَّدًا (صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ) بِالْحَقِّ وَأَنْزَلَ عَلَيْهِ الْكِتَابَ فَكَانَ مِمَّا
اَنْزَلَ اللهُ تَعَالى أيَةُ الرَّجُمِ رَجَمَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَرَجَمْنَا بَعْدَهُ وَالرَّجُمُ فِي كِتَابِ اللُّهِ حَّ
عَلى مَنْ زَلَى إِذَا أَحْصَنَ مِنَ الرِّجَالِ وَالنِّسَاءِ إِذَا قَامَتِ الْبَيِّنَةُ أَوْكَانَ الْحُبَلُّ أَوِ الْإِعْتِرَافُ - (متفق عليه)
3557. Sayyiduna Umar us à », narrated: "Surely Allah sent Muhammad with
the truth and revealed to him the Book, and among that which Allah, the
Exalted, revealed is the verse of rajm (stoning). So, Allah's Messenger a.
y had the adulterers stoned to death and, after him, we have stoned them to
death. And, stoning to death is established as a duty in Allah's Book, for
married men and women, who perpetrate adultery once it is proved, or here is
pregnancy, or a confession."1
COMMENTARY: The previous hadith mentioned the punishment imposed on an
unmarried adulterer or adulteress. This hadith mentions the punishment a married man or
woman faces when they commit adultery. Here again the word muhsin is used and it has
been explained previously.
The verse of stoning to death was found in the Quran but subsequently abrogated for
recital. The words have been removed but the command is retained. The verse was:
الشَّيْخُ وَالشَّيْخَةُ إِذَا زَنَيَا فَارْ جُمُوْهُمَا أَلْبَنَّةَّ نَكَالَّا مِنَّ اللَّهِ وَاللهُ عَزِئِزْ حَكِيُمْ
The hadith concludes with the enumeration of three things as essential to establish that
adultery is committed. They are:
.
(1)
Witnesses,
(2)
Pregnancy, and
(3)
Confession.
Pregnancy is proof of illicit sex against an unmarried woman, but this command, too, has
been rescinded. The requirement of testimony and confession stands. A married person
who engages in illicit sexual intercourse will be stoned to death only when the crime is
proved through witnesses or confession of the perpetrator.
ADULTERERS MUST BE STONED TO DEATH
(٣٥٥٨) عَنْ عُبَّادَةً بُنِ الشَّامِتِ آَّ النَِّيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ خُذُوا عَنِّيْ خُذُوًا عَنِيْ قَدْجَعَلَ اللّهُ لَّنَّ
سَبِيْلًا اَلْبِكُرُ بِالْبِكْرِ جَلْدُ مِائَةٍ وَتَغْرِيِبُ عَامٍ وَالثَّيِّبُ بِالثَِّبِ جَلْدُ مَائَةٍ وَالرَّجُمُ- (رواه مسلم)
3558. Sayyiduna Ubadah ibn Samit رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said,
"Take from me (the command)! Take from me (the command)! Allah has appointed for
those women a way! When unmarried people commit adultery, they should be awarded
1 Bukhari # 6829, Muslim # 15-1691, Tirmidhi # 1432 (1432), Abu Dawud # 4418, Ibn Majah # 2553,
Darimi # 2322, Muwatta Maalik # 10 (Hudud), Musnad Ahmad 1-40.

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one hundred stripes and banished for one year. When married people commit adultery
they should be awarded one hundred stripes and be stoned to death."1
COMMENTARY: This hadith actually explains the verse (4;15); (تا أَوْ يَجْعَلَ اللهُ لَهُنَّ سَبِيلًا) {or Allah
prescribes for them a way}
Allamah Turpushti رحمهالله said that the Prophet صلى الله عليه وسلم made this declaration when hadd
(prescribed punishment) was prescribed for the (married) adulterer and adulteress. Hence, 'a
way' means the hadd (prescribed punishment) that was not prescribed before that, but the
command was valid that is prescribed in this versse:
وَاللَّانِ يَأْتِيْنَّ الْفَاحِشَةَ مِنْ تِسَآئِكُمْ فَاسْتَشْهِدُوْا عَلَيْهِنَّ أَرْبَعَةً مِنْكُمُ فَإِنْ شَهِدُوْا فَأَمْسِكُوْهُنَّ فِى
الْبُيُوْتِ حَتَّى يَتَوِفْهُنَّ الْمَوْتُ أَوْ تَجْعَلَ اللَّهُ أَمنَّ سَبِئْلًا * - (النساء »: ١٥)
{As for those of your women who commit indecency, call against them four witness
from among you, then if they testify, confine them to (their) houses until death
takes them or Allah appoints for them a way} (4: 15)
In short, if woman commit illicit sex and their sin is proved through witnesses, then they
should be confined to their houses till they die, or Allah causes them to have a way,
meaning, the hadd (prescribed punishment). Hence, when Allah revealed the command of
hadd (prescribed punishment), the Prophet صلى الله عليه وسلم said, "Allah has appointed a way for
women," meaning the hadd (prescribed punishment). Then, he explained what hadd (prescribed
punishment) is.
This hadith prescribes for a married man who commits indecency one hundred stripes and
stoning to death. The zawahir and some of the sahabah (Prophet's Companions) (+sản,
and tabi'un als, abided by it, but the majority of the scholars say that if an adulterer or
adultererss deserves to be stoned to death then the punishment of one hundred lashes is
redundant. He will be stoned to death and the other punishments are superfluous. It is
reported that one man Ma'iz had indulged in illicit sex in spite of being married. The
prophet صلى الله عليه وسلم did not award him the stripes but only stoned him to death. The same
thing is known from the hadith about Ghamidiyah which we shall read and the hadith of
.(#3555) رضى الله عنه Unays
(٣٥٥٩) وَعَنْ عَبْدِ اللَّهِ بْنِ عَمْرٍ و ◌َثَّ الْتَّهُوَةَ جَاءُوْا إِلَى رَسُوْلِ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَذَكَرُوا لَهْ آَّ
رَجُلًا مِنْهُ وَامْرَأَّ زَنَّيَّا فَقَالَ لَّهُمْ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَاتَّجِدُونَ فِي التَّوْرَاةِ فِي شَأْنٍ
الرَّجُمِ قَالُوا تَفْضَّكُهُمْ وَيُجْلَدُونَ قَالَ عَبْدُ اللَّهِ بْنُّ سَلَّامٍ كَذَّبْتُمْ إِّ فِيْهَا الرَّجُمَ فَاتُوا بِالثَّورَةِ
فَتَشَرُوْهَا فَوَضَعَ أَحَدُهُمْ يَدَهُ عَلَى أَيَّةِ الرَّجُمِ فَقَرأَ مَا قَبْلَهَا وَمَا بَعْدَهَا فَقَّالَ عَبْدُ اللَّهِ بْنُ سَلَّامِ إِرُفَّهُ يَدّكَ
فَرَفَّ فَإِذَا فِيْهَا أَيَّةُ الرَّجُمِ فَقَالُوا صَدَقَ يَا مُحَتَّدُ فِيْهَا أَيَّةُ الرَّجُمِ فَأَمَرَ بِهِمَا النَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ
فَرُجِمًا وَفِيْ رَوَايَةٍ قَالَ ارْفَعُ يَدَكَ فَرَفَعَ فَإِذَا أَيَّةُ الرَّجُمِ تَلُؤْءٌ فَقَالَ يَا مُحَنَّدُإِّ فِيْهَا أَيَّةَّ الرَّجُمِ ولكِنَّا
1 Muslim # 12-1690, Abu Dawud # 4413, Tirmidhi # 1434 (1439), Ibn Majah # 2550, Darimi # 2327,
Musnad Ahmad 5-313.
.
1

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نَتَكَاتَمُهُ بَيْنَنَا فَأَمَرَ بِهِمَا فَرُچِمًا- (متفق عليه)
3559. Sayyiduna Abdullah ibn Umar wca+, narrated that some Jews came to Allah's
Messenger صلى الله عليه وسلم and stated that one of their (married) man and (married)
woman had committed adultery. He asked them what the Torah said about stoning
to death and they said that they ought to disgrace them and to give them stripes.
But, Abdullah ibn Salaam as a+, (who was there) interjected, "You lie. It says that
they should be stoned to death. Bring the Torah." (I shall show you the command.)
They (brought it and) placed it open. One of them put his hand on the verse of rajm
and recited what preceded it and what followed it. Abdullah ibn Salaam us (+)
instructed him to lift his hand from there. He did so and the verse of stoning was
disclosed. They said, "O Muhammad, he has spoken the truth. The verse of stoning
is there in it." Then, the prophet ,.,.Ican Lo commended (accordingly) about both of
them. They were stoned to death. According to another version: He (Abdullah ibn
Salaam) we àn+, said to the man, "Remove your hand." So he lifted it up and as he
did so, the verse of rajm Was clearly (disclosed) in it. The man then conceded, "O
Muhammad, there is the verse of stoning in it, but we have been keep it
undisclosed among ourselves." He then gave orders about them (that they should
be stoned to death) and they were stoned to death. 1
COMMENTARY: Abdullah ibn Salaam as an , was a Jew previously but when Allah
guided him, he become a Muslim. He was a front ranking scholar among the Jews. He had
abundant knowledge of the Torah.
The Jew who had put his hand on the verse of rajm in the Torah was Abdullah ibn Suriya.
The punishment of rajm is awarded to married adulterers who are Muslim. Here, they
were not Muslims, but the punishment was awarded to them according to their Book, the
Torah, which also did not make it binding for it to be awarded only to married people. The
Prophet صلى الله عليه وسلم began to follow the Quran when the command was revealed in it and
the command of the Torah was abrogated.
Moreover, Imam Shafi'I aldo>, des not apply the word muhsin (married) only to Muslims:
Any married man, Muslim or not Muslim, is liable to rajm if he commits fornication. Imam
Abu Yusuf als>, also says the same thing. He is among the Hanafis.
One should not doubt that the Prophet صلى الله عليه وسلم merely relied on the testimony of the
Jews which is not worth while. It is not necessary that he did not have the confession of the
accused for, he may have had the testimony of four Muslim too.
The book Mirqat of Mulla Ali Qari may be seen. Here, we have merely presented a
synopsis from it.
RAJM FOR WHO CONFESSED TO INDECENCY
(٣٥٦٠) وَعَنْ أَبُ هُرَيْرَةَ قَالَ آَتَّ النَّيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ رَجُلْ وَهُوَ فِي الْمَسْجِدِ فَنَادَاهُ يَارَسُولَ اللّهِاِنِ
زَنَيْتُ فَأَعْرَضَ عَنْهُ النَِّيُّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَتَنَشُى ◌ِشَقِّ وَجْهِهِ الَّذِىْ أَعْرَضَ قِبَلَهُ فَقَّالَ إِخْ زَنَيْتُ فَأَعْرَضَ
1 Bukhari # 6841, Muslim # 26. 1699, Abu Dawud # 4446, Darimi # 2321, Muwatta Maalik # 1
(Hudud), Musnad Ahmad 2-5.

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عَنْهُ النَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَلَنَّا شَهِدَ أَرْبَعَّ شَهَادَاتٍ دَعَاهُ النَّبِىُّ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ آَبِكَ جُنُوٌُ
قَالَ لَافَقَالَ أَحْصَنَتَ؟ قَالَ نَعَمْ يَا رَسُولَ اللّهِ قَالَ اذْهَبُوْابِهِ فَارْ جُوْهُ- قَالَ ابْنُ شَهَابٍ فَأَخْبَرَنِ مَنْ سَمِعَ
جَابِرَ بُنَّ عَبْدِ اللّهِ يَقُولُ فَرَجَمْنَاهُ بِالْتَدِيْنَةِ فَلَمَّا أَذْلَقَتْهُ الْحِجَارَةُ هَرَبَ حَتّى أَدْرَكْتَاهُ بِالْخُرَّةِ فَرَجَمْتَهُ حَتَّى
مَاتَ - مُتَّفَقْ عَلَيْهِ وَفِيْ رِوَايَةٍ لِلْبُخَارِيِّ عَنْ جَابٍ بَعْدَ قَوْلِهٍ قَالَ نَعَمُ فَأَمَرَبِهِ فَرُجِمَ بِالْمُصَلَّى فَلَمَّا أَذَلَقَتْهُ
الِحِجَارَةُ فَرَّ فَأُذُرِكَ فَرُجِمَ حَتَّى مَاتَ فَقَالَ لَهُ النَِّيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ خَيْرًا وَصَلَّى عَلَِّ
صلى الله narrated that a man came to the Prophet رضى اله عنه Sayyiduna Abu Hurayrah .3560
Je when he was in the mosque (Masjid Nabawi). He called, "O Messenger of
Allah, I have committed fornication. The Prophet صلى الله عليه وسلم turned (his face) away
from him. He came to where he had turned his face and standing opposite to him,
repeated, "I have committed fornication." The Prophet صلى الله عليه وسلم turned away from
him. When he testified (against himself) four times, the Prophet صلى الله عليه وسلم called
him (closer) and asked him, "Are you mad?" He said, "No!" He asked, "Are you
married?" He said, "Yes, O Messenger of Allah," He said, "Take him away and
stone him to death."
Ibn Shihab (a sub narrator) said that he who had heard from Jabir ibn Abdullah >>
us à said that he said, "We stoned him in Madinah. As the stones hurt him, he run
away. But, we caught up with him in the harrah and stoned him to death."
According to another version in Bukhari, Jabir as a +, said that after his saying,
"Yes!" the prophet صلى الله عليه وسلم ordered that he should be stoned to death. He was
stoned at al-musallla (the place of salah (prayer) of Eed). When the stones struck
صلى الله عليه وسلم him he fled, but he was nabbed and stoned to death. The Prophet
prescribed him highly and offered his funeral salah (prayer). (Or, the words mean
that he prayed for him).1
COMMENTARY :: The man confessed four times, each time from a different direction. In
other words, they were four testimonies in four different sittings. Imam Abu Hanifah àles,
has deduced from it that for adultery to be established, the accused must make four
confessions in four sittings. This according to him, is a condition.
The Prophet صلى الله عليه وسلم asked him whether he was mad. He meant that to sane person
would pave a way for his own stoning to death. He should have, rather, made a repentance
to Allah and sought His forgiveness, and made a resolve never to commit sin again.
Nawawi رضى الله عنه said that the Prophet صلى الله عليه وسلم intended to make it certain because
generally no one so readily confesses to his sins and no one insists on that knowing that the
punishment for it is death. Rather, a person finds it safe to get deliverance through
repentance and have his sins forgiven.
It also shows that legal avenues must not be left unexplored to allow benefit of doubt to
every Muslim. If a Muslim's life may be saved lawfully, then that must be done.
Further, if a mad man says that he has committed adultery then he must not be believed.
Also, he must not be exposed to hadd (prescribed punishment).
1 Bukhari # 5270, Muslim # 1601691, Bukhari # 5271. (Second version) # 6820.

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Imam Nawawi als, also said that the ruler must also investigate if all the conditions are
fulfilled before imposing the hadd (prescribed punishment), for example, the accused must be
a married person to be subject to hadd (prescribed punishment). It is the same if he makes a
confession himself or witnesses testify against him. It may be presumed from the Prophet
ustedno words that if such a person retracts his confession then he must be forgiven and
the hadd (prescribed punishment) for adultery must be withdrawn.
Ibn Hammam als, said that when a man is stoned to death, he must be made to stand and
face the stoning. He must not be made to hang on something or be suspended in the air. A
woman who is stoned must be made to sit down and it is better if she is made to stand in a
ditch and buried up to her chest so that her body is not bared. The Prophet , had
a ditch dug for ghamidiyh.
The ruling is that if a person who is being stoned to death runs away during the stoning then
this person must not be chased if it is a punishment on voluntary confession. If the indecency
is established through witnesses then the person must be chased and stoned to death.
Nawawi al, said about being stoned at al-Musalla that it was the place where funeral salah
(prayer) used to be offered (not eed as in the text). This is corroborated by another version.
Bukhari altas, and others say that if the place where the funeral salah (prayer) is offered or
the eed salah (prayer) is offered is not designated as a mosque, then it will not come under
the purview of rules applicable to mosques. However, generally the place where funeral
salah (prayer) or eed salah (prayer) is offered attracts the same commands as apply to
mosques. This means that blood must not be shed there, and it should be sanctified, Hence,
the fornicator must not be stoned to death at these places meaning mosques.
HADD (PRESCRIBED PUNISHMENT) & TA'ZEER MUST NOT BE IMPOSED IN
MOSQUES: Ibn Hammam ale>, said that neither hadd (prescribed punishment) nor ta'zeer
must be enforced on any one in the mosques. All the ulama (Scholars) are unanimous
.صلى الله عليه وسلم about it. It is based on the saying of the Prophet
قَالَ جَنْبُوا مَسَاجِدَكُمُ صِبْيَانَكُمْ وَمَجَانِيْتَكُمُ وَرَفَعَ أَصْوَاتَكُمُ وَشِرَائِكُمْ وَبَيْعٌ وَإِقَامَةٍ حَدُؤْدِگَمُ
وَجَمَرُ وُهَافِي جَمْسِكُمْ وَضَعُوا عَلى آبْوَابِهَا الْمُطَاهِرِ.
[Preserve your mosques from your children, your madmen, raising of your voices,
Your trading (buying and selling) and enforcing your hudud. On Friday, let there be
incense in your mosques and make places of ablution at their gates.]
DO NOT PUNISH BEFORE PROBING
(٣٥٦١) وَعَنِ ابْنِ عَبَّاسٍ قَالَ لَّا أَتَى مَاعِزُ بْنُّ مَالِكِ النَّبِيَّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ لَّه ◌َعَلَّكَ قَبَّلْتَ أَوْغَمَزُتَ
أَوْ نَظَرْتَ قَالَ لَا يَا رَسُولَ اللَّهِ قَالَ آنِكُتَهَا لَا يَكُنِى قَالَ نَعَمُ فَعِنْدَ ذَلِكَ آَمَرَ بِرَجُمِه- (رواه البخارى)
3561. Sayyiduna Ibn Abbas. we à , narrated that when (Sayyiduna) Ma'iz ibn
Maalik رضى الله عنه came to the Prophet صلى الله عليه وسلم (and submitted, "I have committed
adultery,") he asked, "Perhaps, you merely kissed (her), or touched (her) with
sexual intent, or looked (at her)?" But, he submitted, "No, O Messenger of Alalh!"
So, he asked, "Did you have sexual intercourse with her?" He asked this question
directly not by allusion. He confirmed, "Yes!" At that, he commended that he
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(Ma'iz) should be stoned to death.1
SIN IS CEASED AFTER RECEIVING PRESCRIBED PUNISHMENT
(٣٥٦٢) وَعَنْ بُرَيْدَةً قَالَ جَاء مَاعِزُّ بْنُ مَالِكٍ إِلَى النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ يَا تَسُولَ اللَّهِ طَهِّرْنِيْ فَقَالَ
وَيُحَكَ إِرْجِعْ فَاسْتَغْفِرِ اللَّهُ وَتُبُ إِلَيْهِ قَالَ فَرَجَةَ غَيْرَ بَعْبِدٍ ثُمَّ جَاءَ فَقَالَ يَا رَسُولَ اللَّهِ طَهِّرُنِي فَقَالَ النَّبِىُّ
صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مِثْلُ ثُلِكَ حَتَّى إِذَا كَانَتِ الرَّابِعَةُ قَالَ لَهُ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِيْمَ أُطَهْرُكَ
قَالَ مِنَ الزِّنَا قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَبِهِ جَنُوْنٌ فَأُخْبِرَأَنَّهِ لَيْسَ بِمَجْنُونٍ فَقَالَ أَشَرِبَ خَمْرًا
فَقَّامَ رَجُلْ فَاسْتَنْكَهَهُ فَلَمْ تَجِدٌ مِنْهُ رِئْمَ خَمْرٍ فَقَالَ أَزَّنَیْتَ قَالَ نَعَمُ فَأَمَرَ بِهِ فَرُجِمَ فَلَبِثُوا يَوْمَيْنِ آَوَثَلَائَةً .
تُؤَّ جَآءَ رَسُوْلُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ اسْتَغْفِرُوْا لِمَاعِ بْنِ مَالِكٍ لَقَدْ تَابَ تَوْبَةً لَوْ قُسِمَتْ بَيْنَ أُمَّةٍ
لَوَسِعَتْهُمْ ثُمَّ جَاءَتُهُ إِمْرَأَّةٌ مِنْ غَامِدٍ مِنَ الْأَزْدِ فَقَالَتْ يَا رَسُولَ اللَّهِ طَهِّرْنِ فَقَالَ وَيُحَكِ ارْجِعْی فَاسْتَغُفِرِئٌ.
اللَّهُ وَتُوبٍ إِلَيْهِ فَقَالَتْ تُرِيدُ أَنْ تُرَدِّدَنِيْ كَمَا رَدَدْتَّ مَاعِزَّ بْنَ مَالِكٍ إِنَّهَا حُبْلِى مِنَ الزِّنَى فَقَالَ أَنْتٍ؟ قَالَتُ
نَعَمْ قَالَ لَهَا حَتّى تَفَّعِى مَافِيُ بْنِكٍ قَالَ فَكَفَّلَهَا رَجُلْ مِنَ الْأَنْصَارِ حَتَّى وَضَّعَتْ فَتَّ النَّيَّ صَلَّى اللَّهُ عَلَيْهِ
وَسَلَّمَ فَقَالَ قَدْوَضَعَتِ الْغَامِدِيَّةُ فَقَالَ إِذَّا لَّا نَرْجُمُهَا وَنَدَهُ وَلَدَهَا صَغِيْرًّا لَيْسَ لَهُ مَنْ يُرُضِعُهُ فَقَامَ رَجُلٌ مِنَ
الْأَنْصَارِ فَقَالَ إِلَىَّ رَضَاعُهُ يَانَيَّ اللَّهِ قَالَ فَرَجَمَّهَا وَفيِ رِوَايَةٍ إِنَّ قَالَ لَهَا اذْهَيْ حَتَّى تَلِدِی فَلَمَّا وَلَدَتْ قَالَ
اذْهَبِئْ فَأَرْضِعِيْهِ حَتّى تَقْطَمِيْهِ فَلَنَّا فَطَمَتْهُ اتَتْهُ بِالصَّبِيِّ وَفِيْ يَدِمٍ كِسْرَةُ خُبْزٍ فَقَالَتْ هُذَّايَا نَِّنَّ اللَّهِ صَلَّى اللّهُ
عَلَيْهِ وَسَلَّمَ قَدْ فَطَمْتُهُ وَقَدْ آَكَلَ الْطَّعَامَ فَدَفََ الصَِّىَّ إِلَى رَجُلٍ مِنَ الْمُسْلِمِيْنَ ثُمَّ أَمَرَبِهَا فَحُفِرَلَهَا إِلى صَدْرِهَا
وَأَمَرَ النَّاسَ فَرَجَمُوْهَا فَيُقْبِلُ خَالِدُ بُنُّ الْوَلِيْدِ بِحِجَرٍ فَرَفِى رَأْسُّهَا فَتَتَضَّعَ الدَّمُ عَلَى وَجْهِ خَالٍِ فَسَبَّهَا فَقَالَ
الَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَهْلًا يَا خَالِدُ فَوَالَّذِى نَفْسِ بِيَدِهِ لَقَدٌ تَّابَتُ تَوْبَةٌ لَوْتًا بَهَا صَاحِبُ مَكْسٍ لَغُفِرَلَه
ثُّ أَمَرَ بِهَا فَصَلّى عَلَيْهَا وَرُفِنَتُ- (رواه مسلم)
رضى الله عنه narrated (Sayyiduna) Ma'iz ibn Maalik رضى الله عنه Sayyiduna Buraydah .3562
came to the Prophet صلى الله عليه وسلم and submitted, "O Messenger of Allah, purify me!"
(He meant that he should be punished in order to have his sin erased.) He said,
"How Sad! Go away! Seek Allah's forgiveness and repent to Him!"
He narrated further that he went away but not far and came back only to repeat, "O
Messenger of Allah, purify me!' The prophet صلى الله عليه وسلم said (to him) like what he
had said before, till when it happened (like that) the fourth time, Allah's Messenger
".said to him, "Of what shall I purify you?" He submitted, "Of adultery صلى الله عليه وسلم
صلى الله عليه وسلم by imposing hadd (prescribed punishment) over me). Allah's Messenger)
asked (his sahabah) رضى الله عنه."Is he mad?" He was told, "He is not insane." He asked,
1 Bukhari # 6824, Abu Dawud # 4427.

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"Has he drunk wine?" A man got up and sniffed at his breath but perceived not the
smell of wine.
So, he asked, him, "Have you committed adultery. He said, "Yes!" So, he gave a
command about him and he was stoned to death.
After two or three days, Allah's Messenger صلى الله عليه وسلم came and said, "Seek
forgiveness for Ma'iz ibn Maalik. He has made so much repentance that if it were
divide among an ummah, it would suffice them all."
Later, a woman of Ghamid of the tribe Azd came to him and submitted, "O Allah's
Messenger, purify me." He said, 'Pity on you! Go back and seek Allah's forgiveness
and repent to him." She asked, "would you like to send me back as you did send
back Ma'iz ibn Maalik (while I am) a woman who is pregnant through adultery?"
(There is no possibility of a denial any more) He asked, "You?" She Said, "Yes!" He
said to her, "wait till you give birth to what you carry in your womb."
The narrator went on: An Ansar took responsibility for her till she had given
birth to a child. Then, he went to the prophet صلى الله عليه وسلم and informed him that
the woman of Ghamid had delivered a child. He said, "We shall not stone her
and so leave her child without any one to suckle it." Thereupon another of the
Ansar got up and submitted, "O Prophet of Allah. I take responsibility for the
child's suckling."
The narrator added: He had her stoned to death.
According to another version: He instructed her to go and wait till she gave birth to
the child when she did (and came to him), he instructed her to go and suckle the
child and wait till she had weaned it. When she had done that, she came with the
child holding a slice of bread in its hand and she submitted, "I have weaned this
child, O Prophet of Allah, and he has eaten food.". He handed over the child to one
of the Muslims. He gave an order about her and she was put in a pit up to her chest.
Then he instructed the people (to stone her) and they stoned her. Khalid ibn walid
us +, stepped forward with a stone that he flung at her head. Blood from it flew
on his face, so he cursed her the Prophet صلى الله عليه وسلم said, "Be calm, O Khalid! By
Him in whose hand is my soul! She has repented so much that if he who charges an
unjust tax repents in like manner then he would be forgiven."
Then he gave an order about her and the funeral salah (prayer) was offered over
her. Then she was buried.1
(the passive voice is as per the urdu translation.)
COMMENTARY: Certainly, the repentant of Ma'iz ano, was such that the prophet al
jule spoke highly of his good fortune and excellence. It brought a forgiveness and mercy
that covered a very large sanction of Allah's creation.
The enforcement of hadd (prescribed punishment) is called tawbah (repentance) because like
repentance, it also washes off all sins.
Ibn Maalik alds, deduces from the hadith that a pregnant woman should not be awarded
the hadd (prescribed punishment) Prescribed punishment) till she gives birth to her child. In
this way an innocent life will not be taken away. She should also be given respite till her
child is weaned and is no more dependant on her if there is someone to look after the child.
This is also the contention of Imam Abu Hanifah, als).
1 Muslim # 22, 23-1695, Abu Dawud # 4442, Musnad Ahmad 5-348, Darimi # 2324.