Indexed OCR Text

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3595. Sayyiduna Abdullah ibn Abdur Rahman ibn Abu Husayn Makki us & (+)
narrated that Allah's Messenger صلى الله عليه وسلم said, "A hand must not be cut off for
(taking) fruit hanging on the tree and for animals grazing on the mountain. But,
once they are taken away from their fold, or the fruit from where it is dried, a hand
is cut off for what is worth the value of a shield."1
COMMENTARY: Teebi als, explained the word of the hadith (-) (hurisah) to imply an
animal that grazes on a mountain without anyone protecting it meaning that it is not
anyone's property. If anyone takes such an animals, he will not be accused of stealing. But,
if anyone takes away an animal from its enclosure then it is stealing because the animal
belongs to someone else. Its price is the equivalent of the value of a shield, or more. So a
hand will be cut off.
THE PLUNDERER IS NOT ONE OF US
(٣٥٩٦) وَعَنْ جَابِرٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ لَيْسَ عَلَى الْمُنْتَهِبِ قَطْعُ ومَنِ انْتَهَبَ تُهُّ
مَشْهُوْرَةٌ فَلَيْسَ مِنَّا-(رواه ابوداؤد)
3596. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "The
bandit is not subject to amputation of hand. But one who plunders does not belong
to us." (He does not follow our ways.)2
COMMENTARY: A bandit robs people brazenly while a thief steals stealthily. Though the
crime of the bandit is worse, his hand is not cut off because this punishment is given to a
thief whose crime is clandestine.
SWINDLER'S HAND IS NOT CUT OFF
(٣٥٩٧-٣٥٩٨-٣٥٩٩ -٣٦٠٠) وَعَنْهُ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَيْسَ عَلَى خَائِنٍ وَلَّا مُنْتَهِبٍ وَلَّا
مُخْتَلِسٍ قَطٌْ - رَوَاهُ التِّرْمِذِىُّ وَالنِّسَائِىُ وَابْنُ مَاجَةَ وَالدَّارِبِىُّ وَرَوِى فِيْ شَرُحِ السُنَّةِ آَّ صَفْوَانَ بُنَّ
أُمَيَّةَ قَدِمَ الْمَدِيْنَةَ فَنَامَ فِى الْمَسْجِدِ وَتَوَشَّدَ رِدَاءَهُ فَجَاءَ سَارِقٌ وَ آَخَذَ رِدَاءَهُ فَأَخَذَهِ صَغْوَابُ فَجَاءَ پ؛ إِلى
رَسُوْلِ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَأَمَرَ أَنْ تُقْطَغَ يَدُهُ فَقَالَ صَفْوَانُ إِّعْ لَمْ أُرِدُ هُذَا هُوَ عَلَيْهِ صَدَقَةٌ فَقَالَ
رَسُوْلُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَهُلَ قَبْلَ آَنْ تَاتِبَنِيْ بِهِ وَرَوى تَخُوَّهُ ابْنُ مَاجَةً عَنْ عَبْدِ اللُّهِبْنِ صَفْوَاتَ
عَنْ آَيْهِ وَالدَّارِمُِّ عَنِ ابْنِ عَبَّاسِ.
3597. Sayyiduna Jabir رضى اللهعنه narrated that the Prophet صلى اللهعليهوسلم said, "Hand is not
amputated of one who is treacherous, one who plunders or one who pilfers."3
3598. Sayyiduna Safwan ibn Umayyah « a », came to Madinah and went to sleep
in the mosque. He put his cloak under his head for a pillow. A thief came and
steahily pulled out his cloak, but Safwan w à +, nabbed him and took him to
1 Muwatta Maalik # 22 (Hudud) or 41. 7-22.
2 Abu Dawud # 4391, Musnad Ahmad 3-380.
3 Tirmidhi # 1448 (1453), Abu Dawud # 4393 (4391), Musnad Ahmad 3. 38 Nas'I # 4912, Ibn Majah #
2591, Darimi # 2310.

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Allah's Messenger صلى الله عليه وسلم. He ordered that his hand should be cut off. But,
Safwan wan+, pleaded, "I have not intended this thing." (I request that he should
be forgiven). "It is a sadaqah (charity) (charity) to him." So, Allah's Messenger a.
jule asked, "Why not before you brought him to me?"1
3599. Sayyiduna Abdullah ibn Safwan ates, reported the like of it from his father.2
3600. Sayyiduna Ibn Abbas رضى الله عنه also narrated it. 3
COMMENTARY: A treacherous person misappropriates a trust placed with him, either all
of it or part of it. He commits a grave sin but is not lisble to be punished with amputation
of hand. What he embezzles is not a fully protected property or muhriz. It is discussed in
detail in the Hidayah.4
(see VI p416 etc and Safwan's usd +, guilt VI p417).
The same applies to a bandit and a swindler and a pilferer. They do not steal in secret.
As for Safwan's we du+, cloak, the Hidayah (VI p417) says that the most correct thing is that
صلى الله عليه وسلم keeping the cloak under the head is hirz (protective custody). The Prophet's
words imply, "Why did you not forgive him earlier and surrender your right?" He had
given the order to have his hand cut off after the man's guilt was established. So, that
become wajib (obligatory), and the complainant had no right to say or do anything in that
matter. It was Allah's right after that.
This makes it clear that once a thief is before a ruler and his guilt is established, then the
punishment cannot be averted from him, not even if the complainant forgives him. But, it
may be done before presenting the case to the ruler.
Ibn Hammam ale-), however, says that if after judgement is passed for a thief's hand to be
cut off, the owner of the things stolen makes a gift of those things to him, or sells them to
him, then his hand will not be cut off, But, Imam Zufar ala>>, Imam Shafi'I als, and Imam
Ahmad alu>, maintain that his hand will be cut off. And, one verdict of Imam Abu Yusuf
also uphold this verdict. However, this رضى الله عنه is like theirs. The hadith of Safwan رحمه الله
hadith is not in this very form in Haakim and some other sources.Rather, there is some
additional material in that which causes a confusion and that makes the hadith weak.
THIEF'S HAND NOT CUT OFF DURING EXPEDITION FOR JIHAD
(٣٦٠١) وَعَنُ بُسْرٍ بُنِ آَرُطَاةً قَالَ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ لَا تُقْطَعُ الْآَيْدِىُ فِي
الْغَزْوِ - رَوّاهُ التِّزْ مِذِىُّ وَالدَّارِمِيُّ وَأَبُوْدَاوُدَ وَ النََّائُ إِلَّ أَنَّهُمَا قَالَا فِي السَّفَرِ بَدَلَ الْغَزُوِ.
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Busr ibn Artah .3601
said. "The hand is not cut off during a battle."5
According to another version: 'during a journey' instead of 'a battle'6
COMMENTARY: Ibn Maalik at , explains this hadith thus: When the Muslim army
1 Muwatta Maalik # 28 (Hudud) Sharh ur Sunnah (Prophet's ,led to practice), Hidayah VI p 417
2 Ibn Majah # 2595, Musnad Ahmad 3. 401 (see the previous hadith).
3 Darimi # 2299, Nasa'I # 4882.
4 Darul-Isha'at Karachi (English translation)
5 Tirmidhi # 1450, Darimi # 2492.
6 Abu Dawud # 4408, Nasa'I # 4979.

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fights the enemy in enemy land and the ruler himself is not among them but the command
of the army heads them and someone steals something then his hand should not be cut off.
Also, other prescribed punishments must not be enforced.
Some jurists go by this ruling. The reason is that the man who is guilty may take up
residence in enemy territory (to avoid the punishment) and thus go astray.
It may also happen that the warriors lose heart and become disunited. According to Teebi
anda> >, this is the contention of Imam Abu Hanifah muss,
Some authorities say that if one of the warriors steals from the spoils, his hand must not be
cut off because he also owns a share in it.
Teebi alas, said about the second version (of Abu Dawud and Nasa'i), that journey means
'journey to battle'.
STEALING MORE THAN ONCE
(٣٦٠٢) وَعَنْ آَبٍ سَلَمَةَ عَنْ أَبِيٍ هُرَيْرَةَ آَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ فِي السَّارِقِ إِنْ سَرَقَ
فَاقْتَطْعُوْا يَدَهُ ثُؤَّ إِكْ سَرَقَ فَاقْطَهُوْا رِجُلَهُ ثُؤَّ إِنْ سَرَقَ فَاقْطَهُوْايَدَه ◌ُقَّإِنْ سَرَقَ فَاقْطُهُوْا رِجُلَهُ.
(رواه فى شرح السنة)
3602. Sayyiduna Abu Salamah sa», narrated on the authority of (Sayyiduna) Abu
Hurayrah رضى الله عنه that Allah's Messenger صلى الله عليه وسلم said about a thief, "If he steals
cut off his (right) hand. If he steals again, cut off his (left) foot. And if he steals
again, cut off his (right) foot."1
COMMENTARY: The ulama (Scholars) are unanimous about the first two punishments,
but they differ about the third and the fourth. Imam Shafi'I goes by this hadith, but Imam
Abu Hanifah als, hold that if he steals the third time, his hand will not be cut off but he
will be imprisoned till he dies, or makes a repentance to Allah. Imam Abu Hanifah ales,
said that this was the practice of the sahabah (Prophet's Companions) ( a )
unanimously and, moreover, if all his hands and feet were severed, his survival would be
difficult and this would amount to an in justice with him. As for this hadith, it is an
expression of warning to forestall further crime by the thief and, secondly, the scholars
question the soundness of this hadith. Indeed, Tahawi als, went so far as to say that he
had examined very many of the sahabah (Prophet's Companions) ( ano's aathar and
judgements, but, in spite of deep examination and search, he could not find a correct source
of this hadith. He met many scholars of hadith who had memorized ahadith but all of them
denied (knowledge) of this hadith.
Ibn Hammam ales, said that many ulama (Scholars) say, about severing the foot, that the
leg is severed from near the knee.
(٣٦٠٣-٣٦٠٤) وَعَنْ جَابٍِ قَالَ جِيْءَ بِسَارِقٍ إِلَى النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ إِقُلُهُوُهُ فَقُطِعَ ثُمَّ چِئْءٌ په
القَّانِيَّةَ فَقَالَ إِقْطَهُوُهُ ثُمَّ جِىْءَ بِهِ القَّالِفَةَ فَقَالَ اقْطَهُوْهُ فَقَُِّ تُقَّ بِىْءٍ بِهِ الرَّابِعَةَ فَقَالَ إِقُطُهُوْهُ فَقُِّةَ فَأُقِبِهِ
الْخَامِسَةَ فَقَالَ اقْتُلُوهُ فَانْطَلَقْنَا بِهِ فَقَتَلْنَاهُ ثُمَّ اجْتَرَرْ نَاهُ فَاَ لْقَيْنَاهُ فِي بِكْرٍ وَرَمَيْنَا عَلَيْهِ الحِجَارَةَ- رَوَاءُ ابُوْدَاؤدَ
1 Sharh us-Sunnah (Prophet's صلى الله عليه وسلم practice), Bayhaqi in sunnah (Prophet's صلى الله عليه وسلم practice) #
292.

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وَالنَّسَائِئْ وَرَوِى فِيْ شُرُجِ السُّنَّةِ فِي قَطْعِ السَّارِقِ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ اقْطُهُوْهُ ثُقَّ احُسِمُوْهُ-
صلى الله narrated that a thief was brought to the Prophet رضى الله عنه Sayyiduna Jabir .3603
, Je. He said, "Cut off (his right hand)". SO, his hand was severed. He was
brought a second time , and he commanded, " Cut off his left foot)." So, his foot
was severed. Then, he was brought a third time and he commanded, "Cut off (his
left hand)." That was cut. Again, he was brought a fourth time and he commanded,
"Cut off (his right foot). "That was cut. He was brought again a fifth time and he
commanded, "Kill him". They took him away, killed him and dragging him down,
they cast him into a well. Then they threw stones over him. 1
3604. Baghawi has added in Sharh us-sunnah (Prophet's ,4,le ino practice) that the
Prophet Lylean Lo said about maiming the thief, "Cut off (his hand) and cauterize it."2
COMMENTARY: He instructed that the severed hand should be cauterized to stop
bleeding, otherwise he would have bled to death.
Khattabi رحمه الله said that this hadith is abrogated by the Prophet's صلى اللهعليه وسلم words:
لَا يَحِلُ دَمُ إِمْرَءٍ إِلَّ بِاِحْدِى قَلثٍ
(Blood of a Muslim is not lawful except for one of three reasons.)
Some authorities say that the Prophet صلى الله عليه وسلم command to kill the thief was based on
some administrative reasons. The ruler has a right to use his wisdom in enforcing
punishment to maintain law and order.
Some authorities say that the Prophet صلى الله عليه وسلم may have known that the man was an
apostate. So he had him killed.
Some other authorities say that the man might have regarded stealing as lawful. Hence, he
stole again and again.
We must choose one of these explanations, because if he were a Muslim, then it was not at
all lawful to drag his corpse and drop it into the well.
SUSPENDING SEVERED HAND IN NECK OF THIEF
(٣٦٠٥) وَعَنْ فَضَالَةَ بْنِ عُبَيْدٍ قَالَ أُقَِّ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بِسَارِقٍ فَقُطِعَتْ يَدُهُ ثُوَّ ◌َمَرَ بِهَا
ذَهُلِقَتْ فِى ◌ُنُقِه۔ (رواه الترمذى وابوداود والنسائى وابن ماجة)
3605. Sayyiduna Fudalah ibn Ubayd ws a+, narrated that a thief was brought to
Allah's Messenger صلى الله عليه وسلم. So (at his command), his hand was cut off. Then he
commanded about it, and it was suspended on his neck. (The other people may take
a lesson from it.)3
COMMENTARY: Imam Shafi'I al , and Imam Ahmad al-, hold that it is sunnah
(Prophet's صلى الله عليه وسلم practice) to hang a thief's hand on his neck after cutting it off. Imam
Abu Hanifah ale, said that it is at the discretion of the ruler. He may have it hung on his
neck, but it is not a sunnah (Prophet's صلى الله عليه وسلم practice) because it is not proved that the
Prophet صلى الله عليه وسلم had it done.
1 Abu Dawud # 4410.
2 Baghawi Sharh us-sunnah (Prophet's صلى الله عليه وسلم practice).
3 Tirmidhi # 1447, Abu Dawud # 4411, Nasa'I # 4982, Ibn Majah # 2587, Musnad Ahmad 6. 190.

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SELL THE SLAVE WHO STEALS
(٣٦٠٦) وَعَنْ أَبِي هُرَيْرَةً قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ إِذَا سَرَقَ الْمَمْلُوْكُ فَِعْهُ وَلَوْ بِذَشٍ۔
(رواه أبوداود والنسائى وابن ماجة)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3606
said, "If a slave steals, sell him, even if it is for a nashsh."1
(A nashsh is half an ooqiyah or twenty dirhams).
COMMENTARY: A slave who steals must be disposed of even for a paltry sum of money
because he becomes defective after stealing. It is not proper to keep an imperfect slave.
Imam Maalik ala, Imam Shafi'I alus, and most (earned men say that if a slave steals then
his hand must be cut off whether he is a fugitive or not.
Imam Abu Hanifah ales, said that if a husband or a wife steals one another's property, or a
slave steals the property of his master, or of his owner's wife, or husband, them no hand is
cut off. The reason is that the spouses generally have access and permission to use one
another's property and the slave, too has this kind of privilege over his owner's and over
his owner's family's property, with their tacit permission. In this case the condition of hirz
is not met in the full sense and which is necessary for cutting off a hand.
SECTION III
الفَصلُ الثَّالِثُ
RULER CANNOT FORGIVE THE GUILTY
(٣٦٠٧) عَنْ عَائِشَةً قَالَتْ أُنِّ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِسَارِقٍ فَقَطَعَهُ فَقَالُوْا مَا كُنَّا نَرَاكَ تَبْلُغُ په
هُذَا قَالَ لَوْ كَانَتْ فَاطِمَةٌ لَقَطَعْتُهَا- (رواه النسائى)
3607. Sayyidah Ayshah que a >> narrated that a thief was brought to Allah's
Messenger صلى الله عليه وسلم. He had his hand cut off. (When he gave the command to do
that) the sahabah (Prophet's Companions) ,,san+, said, "We had not presumed that
you would go as far as (to give) this (command rather, we had thought that you
would forgive him)." He said, "If it had been Fatimah (bint Muhammad), I would
have had her hand cut off."2
COMMENTARY: That thief was perhaps a relative or an acquaintance. The Prophet at.
jule made it very clear that the prescribed punishment was Allah's right which cannot be
violated. He said that it was wajib (obligatory) on him to enforce it. He made it clear that he
had no say in it.
SLAVE'S HAND IS NOT CUT OFF
(٣٦٠٨) وَعَنِ بُنِ عُمَرَ قَالَ جَاءَ رَجُلْ إِلَى عُمَرَ بِغُلَامٍ لَه فَقَالَ اِقْطَعُ يَدَهُ فَانَّهُ سَرَّقَ مِرْآَةً لِإِمْرَأَقِ فَقَالَ عُمَرُ
لَا قَطْعٌ عَلَيْهِوهُوَ خَادِمُكُمْ آَخَذَ مَتَاعَدُهُ- (رواه مالك)
3608. Sayyiduna Ibn Umar wan+, narrated that a man brought his slave to Umar (+)
1 Abu Dawud # 4412, Nasa'I # 4980, Ibn Majah # 2589, Musnad Ahmad 2-337.
2 Nasa'I # 4896, Musnad Ahmad 6-41 Nasa'I Kubra # 7378, Muslim # 1689.

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we à and said, "Have his hand cut off, because he stole a mirror belonging to my
wife." Umar we an +, said, "He is not liable to have his hand cut off, for he is your
servant who took from your belongings."1
COMMENTARY: Sayyiduna Umar we à+, made it to that man, "As your servant, he
resides with you and is charged with looking after your property. It is with your consent
that he has power over your belongings and so no hirz applies in his case. Since that is so
the Punishment of cutting off his hand does not arise."
This, indeed is the contention of Imam Abu Hanifah ales, and Imam Ahmad al-,. Others,
however, hold a different opinion.
ONE WHO STEALS SHROUD
(٣٦٠٩) وَعَنْ أَبِيٍ ذَرِّقَالَ قَالَ لِيْ رَسُولُ اللّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ يَا أَبَاذٍَ قُلْتُ لَبَّيْكَ يَا رَسُولَ اللّهِ
وَسَعْدَيْكَ قَالَ كَيْفَ أَنْتَ إِذَا أَصَابَ النَّاسَ مَوْتُ يَكُوُجُ الْبَيْتُ فِيْهِ بِالْوَصِيْفِ يَعْنِى الْقَبْرَ قُلْتُ اللّهُ
وَرَسُوْلُهُ أَعْلَمُ قَالَ عَلَيْتَ بِالشَّبْرِ قَالَ حَمَّادُ بْنُّ أَبِ سُلَيْمَانَ تُقْطَةُ يَدُ النَّبَّاشِ لِأَنَّهِ دَخَلَ عَلَى الْمَيِّتِ بَيْتَه۔
(رواه ابوداؤد)
3609. Sayyiduna Abu Dharr رضى الله عنه said: Allah's Messenger صلى الله عليه وسلم said to me,
"O Abu Dharr". I said, "Here am I, O Messenger of Allah, at your service!" He
asked, "What will you do when death (meaning a pestilence) comes over the people
and a house, meaning a grave, will cost as much as a slave?" (The severe pestilence
will result in many deaths causing a shortage of places of graves.) I submitted,
"Allah and His Messenger knows best." He said, "You must show patience."
Hammad ibn Abu Sulayman said, "The hand of one who steals shroud should be
cut off because he enters the house of the dead person (to rummage it)."2
COMMENTARY: Hammad ibn Abu Sulayman deduced from the Prophet ,, a Lo's
words calling the grave a house that since a house is hirz (a protected place) anyone who
steals from it will have his hand cut off. So, if he steals from a grave he will have his hand
cut off. However, this deduction of hammad is not strong because it is not necessary that
the place would attract the command of hirz though it is a house. For instance, if a man
steals from a house whose gate is open or there is no guard over it, then, all the ulama
(Scholars) agree that the hands of a thief would not be cut though he steals from the house.
This house was not safe, so not a hirz. In the same way, though agrave may be described as
a home, yet it is not hirz or protected. So, one who steals a shroud from a grave is not liable
to have his hand cut off.
Ibn Hummam ant des, said that the contention of Imam Abu Hanifah al , and IMAM
Ahmad antes, is that one who steals a shroud will not be punished by having his hand cut
off. However, the other two Imams and Imam Abu Yusuf atus, (of the Hanafis) opine that
his hand will be cut off. For more information on this, see Mirqat.
1 Muwatta Maalik # 33 (Hudud)
2 Abu Dawud # 4409.

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CHAPTER - III
بَابُ عِيَادَةِالْمَرِيْضِ وَثَوَابِ الْمَرَضِ
INTERCESSION REGARDING HUDUD
(OR, PRESCRIBED PUNISHMENTS)
Such ahadith are presented in this chapter as tell us whether it is permitted to intercede
with the ruler for an accused or not. May he be requested not to impose the hadd (prescribed
punishment) on him? Does the ruler have authority to accede to the recommendation?
SECTION I
الفَضل الآوَلْ
INTERCESSION REGARDING HUDUD MAY NOT BE ACCEPTED
(٣٦١٠) عَنُ عَائِشَةً أَّ فُرَيْشًا آَمَةَّهُ شَارُ الْمَرَأَةِ الْمُخْزُوْمِيَّةِ الَّتِيْ سَرَّقَتْ فَقَالُوْا وَمَنْ تَكُلَّمَ فِيْهَا تَسُوْلَ
اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالُوْا وَمَنْ يَخْتَرِىُّ عَلَيْهِ إِلَّ أُسَامَةُ بْنُ زَيْدٍ حِبُّ رَسُولِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
فَكَلَّمَهُ أُسَامَةُ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَتَشْفَهُ فِي حَدٍ مِنْ حُدُودِ اللّهِ ثُؤَّ قَامَ فَاخْتَطَبَ ثُتَّ قَالَ
◌ِأَّمَا أَهْلَكَ الَّذِيْنَ قَبْلَكُمْ أَّهُمُ كَانُوا إِذَا سَرَقَ فِيْهِمُ الشَرِيْفُ تَرَكُوْهُ وَإِذَا سَرِقَ فِيْهِمُ الضَّعِيفُ آَقَّا مُوْاعَلَيْهِ
الْجُدَّ وَ آَيُمُ اللَّهِ لَوْ أَّ فَاطِمَةً بِنْتَ مُحَتَّدٍ سَرَّقْتُ لَقَطَّعْتُ يَدَهَا- مُتَّفَقْ عَلَيْهِ وَفِيْ رَوَايَةٍ لِمُسْلِيٍ قَالَتُ
كَانَتِ امْرَأَّةٌ مَخْزُوْمِنَّةٌ تَسْتَجِيْرُ الْتَنَّاءَ وَتَّجُكَدُهُ فَأَمَرَ النَِّيُّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ بِقَطْعِ يَدِهَا فَأَتْ أَهْلُهَا أُسَامَةً
فَكَلَّمُوْهُ فَكَلَّمَ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِيْهَا تُؤَّ ذَكَّرَ الْحَدِيْثَ بِنَّحْوِمَا تَّقَدَّمَ.
3610. Sayyidah Ayshah !رضى الله عنها narrated that the Quraysh (sahabah) رضى الله عنه were
very worried about a Makhzumi woman. She had stolen something (and she used
to borrow different things from people and then would refuse to acknowledge that
she had borrowed anything. The Prophet صلى الله عليه وسلم had decided that her hand
should be cut off). They consulated (among themselves), "Who shall speak to
Allah's Messenger صلى الله عليه وسلم about her (to make a recommendation)?" Then they
said, "Only Usamah ibn Zayd (is one whom he loves dearly so he) will make bold
to speak. He is the friend of Allah's Messenger صلى الله عليه وسلم." (Hence, they all
persuaded Usamah رضى الله عنه to speak to the Prophet صلى الله عليه وسلم about the woman).
Usamah spoke to him. And, Allah's Messenger صلى الله عليه وسلم asked, "Do you intercede
concerning a hadd (prescribed punishment) of Allah's hudud?" (Meaning a
prescribed punishment). Then, he got up and delivered a sermon and (after praising
and glorifying Allah) he said, "Those who preceded you were ruined only because
when anyone of position among them stole something, they let him go free
(unpunishment). But when a weak man among them stole something, they enforced
the prescribed punishment on him. And, I swear by Allah, were Fatimah bint
Muhammad to steal, I would have her hand cut off."
According to another version: She (sayyidah Ayshah !رضى الله عنها) narrated: A
Makhzumi woman used to borrow things but refuse to acknowledge receipt of
those things. The Prophet صلى الله عليه وسلم gave an order to have her hand cut off. Her

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family members came to (Sayyiduna) Usamah « à », and spoke to him (about it,
requesting him to intercede in the matter). So, he spoke to Allah's Messenger a.
due about her ... The rest of the hadith is like the preceding words.1
COMMENTARY: The woman mentioned in the hadith was Fatimah bint Aswad ibn
Abdul Asad. She was the daughter of the brother of Abu Salamah s a >). She was
called Makhzumiyah because she belonged to the tribe of Makhzum a prominent tribe
of the Quraysh.
The ulama (Scholars) agree, on the basis of this hadith, that it is forbidden to make a
recommendation to the ruler for an accused after the case of hadd (prescribed punishment) is
presented to him. It is also forbidden to get anyone else make a recommendation.
However, most ulama (Scholars) say that it is allowed to make a recommendation, or get
someone else do it, before the case is forwarded to the ruler, provided the person for whom
it is made is good, virtuous one who does not hurt people.
If a person has committed a wrong that does not make him liable to hadd (prescribed
punishment) but to tazeer then it is allowed to make a recommendation for him in all instances
irrespective of whether the case is sent to the ruler or not. The reason is that it is not only easy
but also mustahab (desirable) to make a recommendation in such cases. However, the
recommendation must be made for one who is an upright person who hurts no one.
The second version is from sahih Muslim and though it seems from it that the Prophet ano
the punished her because she borrowed things from different people and then denied
altogether that she had done that, the correct thing is that the punishment of cutting off
hands was because she stole things from other people. The hadith only mentions her habit.
Besides she could not have been given that punishment for denying that she had borrowed
something. The words 'she stole' (cs __ J) are understood in the second version after 'she
.(وتجحده) 'denied
A majority of the scholars say that anyone who borrows something but denies having
borrowed anything is not awarded a punishment of having his hand cut off. However,
Imam Ahmad al-, and Ishaq ales, assert that it is wajib (obligatory) to cut off hand of such
person too. This chapter is without section II
SECTION III
الفَضلُ الثَّانِى
ONE WHO INTERCEDES REGARDING HADD (PRESCRIBED PUNISHMENT)
REJECTS ALLAH'S COMMAND
(٣٦١١) عَنْ عَبْدِ اللهِ بْنِ عُمَرَ قَالَ سَمِعْتُ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ مَنْ حَالَتُ شَفَاعَتُه ◌ُوُكَ.
حَدٍ مِنْ حُدُوْدِ اللَّهِ فَقَدْ ضَادَ اللّهُ وَمَنْ خَاصَمَ فِيْ بَاطِلٍ وَهُوَ يَعْلَمُهُ لَمْ يَزَّلُ فِي سَخَّطِ اللَّهِ تَعَالِى حَتّى يَأْزِءَ وَمَنْ
قَالَ فِيْ مُؤْمِنٍ مَا لَيْسَ فِيْهِ أَسْكِّنَهُ اللُّهُ رَدْغَةُ الْخُجَالِ حَتَّى يَخْرُبَ مِمَّا قَالَ - رَوَاهُ أَحْمَدُ وَأَبُوْدَاوُدَ وَفِيْ رِوَايَةٍ
لِلْتُمْهِقِيْ فِيْ شُعَبِ الْإِيْمَانِ مَنْ آَمَانَ عَلَى خَصُوْمَةٍ لَّا يَدْرِىْ أَحَقُّ أَمْ بَاطِلْ فَهُوَ فِي سَخَطِ اللَّهِ حَتَّى يَأْزِءَ-
3611. Sayyiduna Abdullah ibn Umar us a +, narrated that he heard Allah's
1 Bukhari # 3475, Muslim # 8-1688, Tirmidhi # 1430 (1435) Nasaii # 4899, Ibn Majah # 4547, Darimi #
2302.

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Messenger صلى الله عليه وسلم say, "If anyone's intercession hinders the execution of one of
the punishments prescribed by Allah then he has contradicted Allah. (In this way
he opposes Allah.) If anyone disputes about something knowing that it is unjust
and false, then he remains in Allah's displeasure till he ceases (to dispute). If
anyone falsely accuses a believer (of something that is not found in him), then
Allah will make him lie in the corrupt fluid (of puss and blood) flowing from the
inmates of hell till he retracts what (false words) he had spoken." (it means that he
will continue to remain like the inmates of hell till he makes a repentance, or till he
undergoes the torment of hell.) Bayhaqi also has: "He who helps in a dispute
without knowing it to be true or false, will continue to remain in Allah's
displeasure till he ceases (to aid in the dispute)."1
PUNISHMENT FOR STEALING ON CONFESSION
(٣٦١٢ -٣٦١٣) وَعَنْ آَبٍ أُمَّةَ الْمَخْزُوِْيِّ أَكّ النَّبِيَّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ أُِ بِلِضٍ قَدِ اعْتَرَفَ اعْتِرَافًا وَلَمْ يُؤْجَدُ
مَعَهُ مَتَّاءٌ فَقَالَ لَهُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَا إِخَالُتْ سَرَقْتَ قَالَ بَلَى فَأَعَادَ عَلَيْهِ مَرَّتَيْنٍ أَوْثَلَاتَّا كُلَّ
ذُلِكَ يَعْتَرِفُ فَأَمَرَبِهِ فَقْطِةَ فَهِىَ بِهِ فَقَالَ لَهُ رَسُوْلُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِسْتَغْفِرِ اللَّهُ وَتُبُ إِلَيْهِ فَقَالَ
اسْتَغْفِرُ اللهَ وَأَتُوبُ إِلَيْهِ فَقَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ اللَّهُذَّ تُبُ عَلَيْهِ ثَلَاقًا - رَوَاءُ أَبُوُدَاؤُدَ
وَالنِّسَائِىُّ وَابْنُ مَاجَةَ وَالدَّارُِِّ هَكَذَا وَجَدْتُ فِي الْأُصُوْلِ الْأَرْبَعَةِ وَجَامِعِ الْأُصُوْلِ وَشُعَبِ الْإِيْمَانِ
وَمَعَالِمِ السُّنَّنِ آَبِيْ أُمَيَّةَ وَفِى نُسُخِ المَصَابِيْحِ عَنْ أَبِ رِمْقَةَ بِالرَّاءِ وَالقَّاءِ الْمُقَلَّقَةِ بَدَلَ الْهَمْزَةِ وَالْيَاءِ.
3612. Sayyiduna Abu Umayyah Makhzumi usd +, narrated that a thief was brought
to the Prophet صلى الله عليه وسلم. He had confessed to his crime, but no stolen property was
found on him. Allah's Messenger صلى الله عليه وسلم said to him, "I do not suppose that you
have stolen anything?" He said, "Yes, I have! " He (the Prophet صلى الله عليه وسلم) asked
him (the same question) twice or thrice but he insisted, "I have !" So, he gave an
order and his hand was cut off. After that, he was brought to him and Allah's
Messenger صلى الله عليه وسلم said to him, "Seek forgiveness of Allah and repent to Him."
He said, "I seek forgiveness of Allah and I repent to Him." Then, Allah's Messenger
2".prayed, "O Allah accept his repentance صلى الله عليه وسلم
(The compiler of the Mishkat says: ) I found this tradition in all the four books
(Abu Dawud, Nasa'i, Ibn Majah and Darimi), in Jami ul-Usul, in Shabul ul - Eaman
of Bayhaqi and in Mualim us-Sunnah (Prophet's صلى الله عليه وسلم practice) of Khattabi as
narrated by Abu Umayyah, but by:
3613. Abu Rimthah رضى الله عنه in the texts of Masabih.3
Hafiz Ibn Hajar Asqalani رحمه الله said that though Abu Rimthah رضى الله عنه was a sahabi,
this tradition is not narrated by him.
COMMENTARY: The Prophet صلى الله عليه وسلم gave to man an opportunity to retract his
1 Abu Dawud # 3597, Ibn Majah # 2320, Musnad Ahmad 2-70, Bayhaqi # 2676 Shab ul Eaman.
2 Abu Dawud # 4380, Nasa'I # 4877, Ibn Majah # 2597, Musnad Ahmad 5-293, Nasa'i Kubra # 7363.
3 Masabih us-sunnah (Prophet's صلى اللهعليه وسلم practice) # 2721.

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confession in order that hadd (prescribed punishment) may be averted from him. This is like
he had done with those who were accused of adultery.
Of the two verdicts of Imam Shafi'i als,, one is according to this hadith. But, Imam Abu
Hanifah aus, and the other Imams hold that encouragement to provide an excuse or to
retract confession is given only in cases of adultery.
The Prophet , the a o instructed this man to repent which means that while that
particular sin is forgiven on undergoing the prescribed punishment for it, other sins are not
forgiven. So an istighfar should be made.
CHAPTER - IV
THE HADD (OR THE PRESCRIBED PUNISHMENT)
FOR CONSUMING WINE
بَابُ حَدِّالْخَمْرٍ
PROHIBITION OF WINE:
Wine or alchohol is called the Ummul-khabaith. Before the
Prophet Lyleàs . was sent, wine was considered a part, or a necessity, of life. Even after
the Prophet Lyttea Lo was commissioned, the custom of wine was retained and, generally,
people served it to each other, but, its evil and bad repercussions did prick the conscience
of the Muslims. Indeed, Sayyiduna Umar we dn +, remarked:
إِنَّهَا تَذْهَبُ الْمَالَ وَتَذْهَبُ الْعَقْلَ
"It takes away property and it takes away intelligence,"
Day by day, people's desire grew that the permissibility of wine should be withdraw soon.
However, it was a deep rooted evil that had gripped the whole society. So, Shariah did not
do away with it at once, but prohibited it in stages, gradually. The common men were
made to detest it in piecemeal so that be achieved of this curse. When some of the Sahabah
(Prophet's Companions) رضى الله عنهم asked the Prophet صلى الله عليه وسلم about it, the first verse to be
revealed in this connection was:
يَسْئَلُوْنَكَ عَنِ الْحُمْرِ وَالْمَيْسِرِ قُلْ فِيْهِمَا إِثُهْ كَبِيْرٌ وَمَنَافِعُ لِلنَّاسِ وَالْمُهُمَا أَكْبَرُ مِنْ نَفْعِهِمَا
{They ask you concerning wine and gambling. Say, "In both is a grievous sin, and some
benefits for people, but the sin in them is more grievous than their benefits."} (2: 219)
The auspicious people who realized already that wine was harmful, and those who were
inherently fed up with it, found it enough that the Quran declared that there was sin in
wine. They gave up drinking wine. However, since this verse does not give a clear
command of prohibition, many people continued to drink wine as was their habit.
Then another verse was revealed:
يَأَ يُّهَا الَّذِيْنَ أُمَنُوا لَا تَقْرَبُوا الصَّلْوَةَ وَأَنْتُوُ سُكَارَى حَتَّى تَعْلَمُوا مَاتَقُولُونَ
{O you who believe, draw not near salah (prayer) while you are intoxicated, until
you know what you are saying ... } (4: 43)
This was one more step against consumption of wine. It was prohibited completely at the
hours of salah (prayer). However, not all people gave it up at times other than salah (prayer).
Finally, the third verse was revealed and it made the prohibition very clear. It was in 3AH.
◌َآَيُّهَا الَّذِيْنَ امَنُوْا إِنَّمَا الْحُمُرُ وَالْمَيْسِرُ وَالْأَنْصَابُ وَالْآَزْلَامُ رِجُسْ مِنْ عَمَلِ الشَّيْظِنِ فَاجْتَذِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ

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{O you who believe, wine and gambling, and (sacrificing) to idols and divining
arrows are an abomination of satan's handiwork, so abstain from it, chat you may
prosper.} (5: 90)
After this verse, consumption of wine was stopped totally. The containers of wine were
broken and wine flowed in the streets of Madinah as water flows. The prohibition of wine
was enforced.
PUNISHMENT FOR CONSUMING WINE: All the ulama (Scholars) are agreed that
according to the command of the Quran and sunnah (Prophet's صلى الله عليه وسلم practice) and the
consensus of the ummah wine is forbidden. If anyone drinks it, then the hadd (prescribed
punishment) will be imposed on him, as wajib (obligatory). The ulama (Scholars) say that it is
eighty stripes. This is what Imam Abu Hanifah ales, also says, but Imam Shafi'i and some
other ulama (Scholars) say that it is forty stripes.
ENFORCEMENT OF THE PUNISHMENT: If anyone drinks wine, even one drop of it,
and he is brought to the ruler or judge and the adour of wine is perceivable from his
mouth, or he is intoxicated, though the intoxication is because of nabidh, and two persons
bear testimony to his consuming wine, or he himself makes a confession once and
according to Imam Abu Yusuf alas, twice and it is confirmed that he compelled by anyone-
then the hadd (prescribed punishment) will be imposed on him. If he is a freeman then eighty
stripes will be awarded to him and if he is a slave then forty stripes. He will be given the
stripes when he gets sober.
As for the stripes, whether it is hadd (prescribed punishment) concerning adultery or
consuming wine, they will be struck in such a manner that they land on different parts of
the body. All the number of stripes should not be struck on any single part of the body.
If anyone confesses to drinking wine when the odour is no more perceived, or two men
testify against him when the odour is not perceived, then the hadd (prescribed punishment)
will not be imposed on him.
The hadd (prescribed punishment) is also not be imposed when:
. Only the odour of wine is discerned.
· Only he vomited wine.
· He retracts his confession, or
.
He confessed when he was intoxicated.
The intoxication that makes the imposition of hadd (prescribed punishment) wajib (obligatory)
on anyone is when the drunkard cannot distinguished between man and woman and earth
and heaven. But, according to Imam Abu Yusuf al , and Imam Muhammad à ,
intoxication implies that the drunkard is in a state of delirium and speaks incoherently.
SECTION I
الفَضلُ الْأَوَّلُ
PUNISHMENT FOR DRINKING WINE IN PROPHET'S TIMES
(٣٦١٤ - ٣٦١٥) وَعَنْ آَنَسٍ أَثَّ النَِّيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ ضَرَبَ فِي الْحُمْرِ بِالُجْرِيْدِ وَالنِّعَالِ وَجَلَدَ ابُوبَكٍُ
أَرْ بَعِيْنَ - مُتَّفَقْ عَلَيْهِ وَفِيْ رَوَايَةٍ عَنْهُ أَكَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ كَانَ يَضْرِبُ فِى الْحُمْرِ بِالنِّعَالِ
وَاُرِيْدِ آَرْبَعِيْنَ-

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3614. Sayyiduna Anas رضى الله عنه narrated that the Propeht صلى الله عليه وسلم used (to order) a
beating with branches of palm trees and sandals (as prescribed punishment) for
consuming wine and (Sayyiduna) Abu Bakr à +, awarded forty lashes.1
صلى الله the Prophet رضى الله عنه According to another version) from Sayyiduna Anas) .3615
ile used to award forty stripes with branches of palm trees and sandals (as
prescribed punishment) for consuming wine.2
COMMENTARY: The second version explains the first by giving the number of stripes.
Imam Shafi'i als, follows this hadith. Imam Abu Hanifah atus, goes by those ahadith that
give the number of stripes as eighty. Mulla Ali Qari alus, has commented on these ahadith
in details in Mirqat.
EIGHTY STRIPES WERE AWARDED BY THE SAHABAH (PROPHET'S
COMPANIONS) رضى الله عنهم IN THEIR TIMES
(٣٦١٦) وَعَنِ السَّائِبِ بُنِ يَزِيْدَ قَالَ يُؤثّى بِالشَّارِبِ عَلَى عَهْدِ رَسُوْلِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَإِمُرَةٍ آني
بَكُرٍ وصَدُرًا مِنْ خِلافَةٍ مُمَرَ فَتَقُوُمُ عَلَيْهِ بِأَيْدِيْنَا وَنِعَالِنَا وَأَزْدِيَتِنَا حَتَّى كَانَ أَخِرُ إِمُرَةٍ عُمَّرَ فَجَلَدٌ
ارْ بَعِيْنَ حَتَّى إِذَا عَتُوا وَفَسَقُوا جَلَدَ ثَمَانین۔(رواه البخاری)
3616. Sayyiduna Sa'ib ibn Yazid ual+) narrated, "In the time of Allah's Messenger
Khilafah (caliphate) and in the beginning of رضى الله عنه and of Abu Bakr's صلى الله عليه وسلم
Umar's Khilafah (caliphate), when a drunk was brought, we got up and beat him
with our hands, sandals and cloaks (using them as whips). At the end of Umar's
Khilafah (caliphate), he awarded forty stripes, but when they (alcoholics)
transgressed and increased in number, he awarded eighty stripes."3
COMMENTARY: Sa'ib ibn Yazid w a +, meant that the punishment to a person who
consumed wine without defining number of beatings and it was less than forty stripes.
Anyway, in the time of the Prophet صلى الله عليه وسلم, the punishment was not eighty stripes.
Rather, eighty lashes were determined in the time of the sahabah (Prophet's Companions)
imposed it when the evil began to spread and had to be curbed. The رضى الله عنه Umar. رضى الله عنهم
sahabah (Prophet's Companions) رضى الله عنهم concurred with him. So now no one is allowed to
contradict it. Sayyiduna Ali رضى الله عنه said that the Prophet صلى الله عليه وسلم and Sayyiduna Abu
Bakr رضى الله عنه had awarded forty stripes. Then Sayyiduna Umar رضى الله عنه made it sunnah
(Prophet's صلى الله عليه وسلم practice), yet the consensus is on eighty stripes.
SECTION II
الفضلُ الثَّانِى
COMMAND TO KILL DRUNKARD IS WITHDRAWN
(٣٦١٧-٣٦١٨ -٣٦١٩) عَنْ جَابِرٍ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ شَرِبَ الُمْرَ فَاجْلِدُوْهُ فَإِجْ عَادَ فِي
1 bukhari # 2773, Muslim # 36-1706, Abu Dawud # 4479, Ibn Majh # 2570, Musnad Ahmad 3. 176.
2 Muslim # 37-1706.
3 Bukhari # 6779.
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الرَّابِعَةِ قَاقْتُلُوْهُ قَالَ تُؤَّ أُنِ النَِّىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بَعْدَ ذْلِكَ بِرَجُلٍ قَدْ شَرِبَ فِىِ الرَّابِعَةِ فَضَربَهُ وَلَمْ يَقْتُلُهُ
رَوَاهُ التِّزْ مِذِىُّ وَرَوَاءُ أَبُوْدَاوُدَ عَنْ قَبِيْصَةَ بْنِ نُوَيْبٍ وَفِيْ أُخْرِى لَهُمَا وَ إِنِّسَائِّ وَابْنِ مَاجَةً وَالدَّارِيِّ عَنْ نَفَرٍ مِنْ
أَصْحَابٍ رَسُولِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مِنْهُمُ بْنُ عُمَّرَوَ مُعَاوِيَّةُ وَأَبُوْهُرَيْرَةَ وَالشَّرِيْدُ إِلى قَوْلِهِفَاقْتُلُوهُ
3617. Sayyiduna Jabir (ibn Abdullah) narrated that the Prophet صلى الله عليه وسلم said, "If
anyone drinks wine, give him the lashes, and if he does it a fourth times then kill
صلى الله added that thereafter a man who had brought to the Prophet رضى الله عنه him." Jabir
jste but he awarded him the lashes and did not kill him.1
3618. Sayyiduna Qabisah ibn Dhu'ayb رضى الله عنه narrated it too. 2
3619. Some of the sahabah (Prophet's Companions) (usd+), among them Ibn Umar,
Mu'awiyah, Abu Hurayrah and Sharid As an , narrated it too but up to the words
'kill him' (without mentioning the man who had drunk wine four times and was
brought to him).3
COMMENTARY: The words 'kill him' perhaps mean that he should be beaten severely.
Or, the prophet صلى الله عليه وسلم said that merely to give a warning to habitual drunkards. He
did not mean to enact a law or to make it wajib (obligatory). Some authorities maintain that
in the beginning, this command was in force and then it was rescinded.
The fact that the Prophet صلى الله عليه وسلم did not not have the drunkard who was brought to
him killed proves that his command was only to warn, or he withdrew the command.
Nawawi alu, has quoted Tirmidhi als, that, apart from two hadith in his book, there is
no third which the entire ummah agrees that should not be put in practice. One of the two is
that which permits offering two salah (prayer) (of different hours) together without a valid
reason like fear or rain and the second is this one about a drunked being killed if he does it
a fourth time. (Ahadith # 187, 188 and 1499, this one under discussion in Tirmidhi.)
DRINKER DISGRACED
(٣٦٢٠) وَعَنْ عَبْدِ الرَّحُمُنِ بْنِ أَزْهَرٍ قَالَ كَانِّْ أَنْظُرُ إِلَى رَسُوْلِ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ إِذَا أُنِ بِرَجُلٍ قَدْ
شَرِبَ الْحُمْرَ فَقَالَ لِلنَّاسِ اضْرِبُوْهُ فَمِنْهُمُ مَنْ ضَرَبَهُ بِالنِّعَالِ وَمِنْهُمْ مَنْ ضَرَبَهُ بالْعَصَا وَ مِنْهُمُ مَنْ ضَرَبَهُ
بِالْمِيْتَخَةِ قَالَ ابْنُ وَهُبٍ يَعْنِى الْجَرِيْدَةَ الرَّطْبَةَ ثُمَّ أَخَذَ رَسُولُ اللّهِ صَلَى اللَّهُ عَلَيْهِ وَسَلَّمَ تُرَابًا مِنَ الْأَرْضِ
قرغی پەفى وجهه۔(رواهابوداؤد)
3620. Sayyiduna Abdur Rahman ibn Azhar «cal +, narrated, "It seems as if I still see
Allah's Messenger صلى الله عليه وسلم, when a man who had drunk wine was brought to
him. He instructed the men to beat him. Some of them beat him with sandals. Some
of them beat hit him with sticks and some more of them struck him mitakhah." Ibn
Wahb (a sub-narrator of this hadith) explained that mitakhah is a green twig of a
palm tree without any leaf on it.
1 Tirmidhi # 1444 (1449).
2 Abu Dawud # 4485, Tirmidhi # (1449).
3 Abu Dawud # 4482, 4483, 4484, Tirmidhi # (1449), Ibn Majah # 2573, Darimi # 2313.

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(Abdur Rahman continued: ) "Then Allah's Messenger صلى الله عليه وسلم took some dust
. from the ground and cast it on his face." He said that in this way he expressed a
dislike for his habit because it was a very repulsive deed.1
DO NOT CURSE THE DRUNKARD
(٣٦٢١) وَعَنْ آَيْ هُرَيْرَةَ قَالَ إِّ رَسُولَ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أُنِ بِرَجُلٍ قَدْشَرِبَ الْخُمْرَ فَقَالَ اضْرِبُوهُ
فَمِنَّا الضَّارِبُ بِيَدِهِ والضَّارِبُ بِقَوْبِهِ وَالضَّارِبُ بِتَعْلِهِ ثُمَّ قَالَ بَكِّتُوْهُ فَاقُبُلُوْا عَلَيْهِ يَقُوْلُونَ مَا اتَّقَيْتَ اللّهُ
مَاخَشِيْتَ اللهُ وَمَا اسْتَحْيَيْتَ مِنْ رَّسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ بَعْضُ الْقَوْمِ آَخْزَاكَ اللهُ قَالَ
لَا تَقُوْلُوا هُكِّذَا لَا تُحِيْنُوْا عَلَيْهِ الشَّيْطَارَ وَلَكِنْ قُوْلُوا اللُّهُتَّ اغْفِرْلَهُ اللَّهَُّ ارُحَمُهُ- (رواه ابوداؤد)
3621. Sayyiduna Abu Hurayrah w à +, narrated that a man who had drunk wine
was brought to Allah's Messenger صلى الله عليه وسلم. He instructed them to beat him. So,
among them was the striker with his hand, striker with his garment striker with his
shoe. Then, he instructed them to reproach him (with their tongue). So, they turned
to him and scolded him, saying, "You are not afraid of Allah. You do not fear Him.
You do not feel ashamed before Allah's Messenger." Some of them rebuked him,
"May Allah shame you!" But, he said to them, "Do not say so and thereby do not
help the devil overcome him. Rather, Pray, 'O Allah, forgive him! O Allah, have
mercy on him.'2
COMMENTARY: The command to reproach the drunkard is of a mustahab (desirable)
nature. But, the first command to beat him was wajib (obligatory)
They were instructed not to curse him because if Allah disgraced him then the devil would
have power over him. Besides, if he was cursed, he could lose hope in Allah's mercy. In
that way, the devil would achieve his wish, and if he commits more sin, Allah's wrath
would fall on him.
PUNISHMENT ONLY AFTER PROOF
(٣٦٢٢) وَعَنِ ابْنِ عَبَّاسٍ قَالَ شَرِبَ رَجُلٌ فَسَكَّرَ فَلُقِى يَمِيْلُ فِى الْفَجِّ فَانْطُلِقَ بِهِ إِى رَسُوْلِ اللَّهِ صَلَّى اللهُ عَلَيْهِ
وَسَلَّمَ فَلَمَّا حَاذَى دَارَ الْعَبَّاسِ إِنْفَلَتَ فَدَخَلَ عَلَى الْعَبَّاسِ فَالْتَزَمَهُ فَذُكِرَ ذلِكَ لِلنَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
فَضَحِكَ فَقَالَ افَعَلَهَا وَلَمُ یَا مُرْفِئەپِشَىءٍ- (رواهابوداؤد)
3622. Sayyiduna Ibn Abbas us a +, narrated that a man drank (wine) and became
intoxicated. He was seen on the road (by the people) walking unsteadily (and
screaming nonsense). He was being taken to Allah's Messenger صلى الله عليه وسلم but
when he was near the house of (Sayyiduna) Abbas us a +), he broke free (from
them) and went to Abbas us a >, and clasped him (intending to get his
intercession). The Prophet صلى الله عليه وسلم was told of that. He laughed and asked, "He
did it, is that so?" And he did not give any command about him.3
1 Abu Dawud # 4489, Musnad Ahmad 4-88.
2 Abu Dawud # 4477.
3 Abu Dawud # 4476.

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COMMENTARY: The Prophet صلى الله عليه وسلم did not punish this man because neither did he
receive his confession nor did anyone testify against him. If he had come to the Prophet .
the à and confessed to his sin or witness had borne out against him, then the hadd
(prescribed punishment) would have been enforced against him.
.
As for his walking unsteadily on the road, this observation is not enough for a Shariah rule
to be applied punishing anyone for drinking wine.
SECTION III
الَفَصلُ الثَّالِثُ
DIYAH IS NOT WAJIB (OBLIGATORY) IF ONE DIES WHILE RECEIVING STRIPES
(٣٦٢٣) عَنْ عُمَيْرِ بْنِ سَعِيْدٍ النَّخْبِيِّ قَالَ سَمِعْتُ عَلِيَّ بُنَ آَيْ طَالِبٍ يَقُوُلُ مَاكُنْتُ لِأُقِيْمَ عَلَى أَحَدٍ حَذّا
فَيَمُوْتُ فَأَجِدُ فِيْ نَقْسِى مِنْهُ شَيْئًا إِلَّ صَاحِبَ الحُمْرِ فَإِنَّه لَوْمَاتَ وَدَيْتُهُ وَذَلِكَ آَّ رَسُولَ اللهِ صَلَّى اللهُ
عَلَيْهِ وَسَلَّمَ لَمْ يَسْتَّه- (متفق عليه)
3623. Sayyiduna Umayr ibn Saeed Nakha'ee a , narrated that he heard
(Sayyiduna) Ali ibn Abu Talib a+, say, "If I were to award the hadd (prescribed
punishment) to anyone and he were to die (while he is being flogged) then I shall
have no regrets about him (because that would be in compliance with Shariah). But,
this Excludes one who has drunk wine. If he were to die (while being flogged), I
shall pay the bloodwit for him. That is because Allah's Messenger صلى الله عليه وسلم had
not specified the hadd (prescribed punishment) about him, as a sunnah (Prophet's
1".(practice اله عليه وسلم
COMMENTARY: The Prophet صلى الله عليه وسلم did not specify how many stripes should be
awarded to one who drinks wine. Some ahadith, however, say that forty, or about forty,
stripes are to given to a drunkard.
Sayyiduna Ali sano, was apprehensive lest the number of lashes that he awarded to
the man (and he died) was in excess of the prescribed then he would have to make a
رضى الله because when Umar رضى الله عنه retaliation. This action was a caution approach by Ali
us decided to specify the number of stripes to a drinker of wine and consulated the
sahabah (Prophet's Companions) رضى الله عنهم, Ali رضى الله عنه had said that he considered right
stripes to be proper.
UMAR رضى الله عنه SPECIFIED THE NUMBER OF STRIPES TO DRUNKARD
(٣٦٢٤) وَعَنُ ثَوْرِبْنِ زَيْدٍ الذَّيْلَمِيِّ قَالَ إِّ حُمَرَ اسْتَشَارَ فِيْ حَدِّ الْحُمْرِ فَقَالَ لَه عَلِيٍّ آرِى أَنْ تَجُلِدَهُ ثَّمَانِيِنَ
جَلْدَةٌ فَإِنَّهِ إِذَا شَرِبَ سَكِرَ وَ إِذَا سَكِرَ هَذَى وَإِذَا هَذَى افْتَزِى فَجَلَدَ عُمَرُ فِي حَدِّ الُمْرِ ثَمَانِینَ-(رواه مالك)
3624. Sayyiduna Thawr ibn Zayd Daylami رحمه الله said that Umar رضى الله عنه sought
advice (of the sahabah (Prophet's Companions) رضى الله عنهم ) about the prescribed
punishment for drinking wine. Ali wedn >, said to him, "I suggested that you should
award him (drinker of wine eighty stripes because when he drinks (wine), he
becomes intoxicated. When he is intoxicated, he talks incoherently. When he talks
1 Bukhari # 6778, Muslim # 739-170.

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incoherently he slanders." So, Umar prescribed eighty stripes as punishment for
drinking wine.1
COMMENTARY: The punishment to one who slanders, accuses falsely or defames
innocent women is eighty lashes. So on the same premise a drinker of wine should be
lashed eighty times.
This punishment is given to everyone who drinks wine whether he slanders others or not.
Umar رضى الله عنه accepted this opinion of Ali رضى الله عنه and fixed eighty stripes for drinking
wine. The sahabah (Prophet's Companions) , unanimously agreed to that.
[The name of the narrator Thawr ibn Zayd Daylami appears in the Muwatta as Thawr ibn
Zayd Dilli.]
CHAPTER - V
بَابُ مَالَا يُدُعِى عَلَى الْمَحْدُوُدِ
CURSE MAY NOT BE INVOKED ON ONE WHO HAS
BEEN AWARDED THE PRESCRIBED PUNISHMENT
In this chapter, we shall speak of a person who has become liable to receive a prescribed
punished. Then, it is awarded to him. After that, is it proper to curse him and pray against
him? For instance, a man cursed a drunk, (ål Sitt) may Allah disgrace and deprive you!"
Allah's Messenger صلى الله عليه وسلم said to him that he must not do that, but he must pray for
him to be forgiven and shown mercy.
SECTION I
الْفَضِلُ الْأَوَلْ
DISALLOWED TO CURSE A SINNER
(٣٦٢٥) عَنْ حُمَرَ بُنِ الْخُطَّابِ آَكَّ رَجُلًا اسْمُهُ عَبْدُ اللهِ تُلَقَّبُ حِمَارًا كَانَ يُضْحِكُ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ
وَسَلَّمَ وَكَانَ النَّيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَدْ جَلَدَهُ فِ الشَّرَابِ فَأُقَّ بِهِ يَوْمًّا فَأَمَرَ بِهِ فَجُلِدَ فَقَالَ رَجُلْ مِنَ
الْقَوْمِ اللَّهُؤَّ الْعَنَّهُ مَا أَكْثَرَ مَا يُؤْثُّ بِهِ فَقَالَ النَّبِىُّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ لَا تَلْعَنُوْهُ فَوَ اللَّهِ مَا عَلِمْتُ أَنَّهُ يُحِبُّ
اللهُ وَرَسُوْلَك- (رواه البخارى)
3625. Sayyiduna Umar ibn Khattab us à +, narrated that a man whose name was
Abdullah and sobriquet was Himar (meaning, Ass, because of his foolishness) used
to make the Prophet صلى الله عليه وسلم laugh. The Prophet صلى الله عليه وسلم had awarded him
lashes for drinking wine. One day, he was brought (again) and he gave an order
about him, and he was flogged. One of the men there prayed against him, "O Allah,
curse him! How often he is brought (here for drinking wine)!" The Prophet la.
du, said, "Do not invoke a curse on him, for by Allah, I do know that he loves Allah
and His Messenger!"2
COMMENTARY: It is not permitted to curse a sinner by name, specifically. And, love of
Allah and His Messenger ,4l ano are a means to drawing near Allah, so it is never
1 Muwatta Maalik # 42. 1-2, Muwatta Imam Muhammad # 709.
2 Bukhari # 6780.

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allowed to invoke a curse on those who love Allah and His Messenger صلى اللهعليه وسلم because
the word (1) (lanat-curse) implies deprivation of Allah's mercy.
(٣٦٢٦) وَعَنُّ أَبِيْ هُرَيْرَةَ قَالَ أُتِ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بِرَجُلٍ قَدْ شَرِبَ فَقَالَ اضْرِبُوْهُ فَمِنَّا الضَّارِبُ
بِيَدِهِ وَالضَّارِبُ بِتَعْلِهِ وَالضَّارِبُ بِقَوْبِهِ فَلَمَّا انْصَرَفَ قَالَ بَعْضُ الْقَوْمِ آَخُزَاكَ اللَّهُ قَالَ لَا تَقُوْلُوا هَكَذَا
لَا تُحِيْنُوا عَلَيْهِ الشَّيْطَانَ - (رواه البخارى)
3626. Sayyiduna Abu Hurayrah us às », said, "A man who had drunk wine was
brought to the Prophet صلى الله عليه وسلم. He instructed (the men around) to beat him. So
among us was the striker with his hand, the striker with his shoe, and the striker
with his garment. As he was going away (after the punishment), someone among
the people said (اخزاك الله) (may Allah disgrace you!). The Prophet صلى اللهعليه وسلم said, 'Do
not say so and do not support the devil in over whelming him.' "1
SECTION II
الفضلُ الثَّانِی
DEFAMING ONE WHO IS PUNISHED IS LIKE EATING CARRION
(٣٦٢٧) عَنْ آنِيْ مُرَيْرَةً قَالَ جَاءَ الْأَسْلَئِىُّ إِلى النَِّيّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَشَهِدَ عَلَى نَفْسِهِ أَنَّهَ اصَابَ اهْرَأَةٌ
حَرَّامَا أَرُبَعَ مَرَّاتٍ كُلَّ ذَلِكَ يُعْرَضُ عَنْهُ فَأَقْبَلَ فِى الْخَامِسَةِ فَقَالَ آنِكُتَهَا؟ قَالَ نَعَمّ وَقَالَ حَتَّى غَابَ ذُلِكَ
مِنْكَ فِيْ ذُلِكَ مِنْهَا قَالَ تَعَمُ قَالَ كَمَا يَغِيبُ الْمِرُوَدُفِ الْمُكْحَلَةِ وَلِرِّشَاءِ فِ الْبِرِ قَالَ نَعَمْ قَالَ هَلْ تَدْرِئْ
مَا الزِّنَا قَالَ نَعَمُ أَتَيْثُ مِنْهَا حَرَامًا مَا يَأتِ الرَّجُلُ مِنْ أَهْلِهِ حَلَاًّا قَالَ فَمَا تُرِيدُ بِهِذَا الْقَوْلِ قَالَ أُرِيْدُ
اْ تُطَهَّرَنِ فَأَمَرَبِهِ فَرُجِمَ فَسَمِعَ النَّبِىُّ اللُّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ رَجُلَيْنِ مِنْ اصَحَابِهٍ يَقُوُلُ أَحَدُ هُمَا
لِصَاحِبٍ أُنْظُرْ إِلَى هذَا الَّذِى سَتَّرَ اللّهُ عَلَيْهِ فَلَمْ تَدَعْهُ نَّفْسُهُ حَتَّى رُجِوَ رَجُمَ الْكَلْبٍ فَسَكَّتَ عَنْهُمَا تُؤَّسَارَ
سَاعَةً حَتَّى مَرَّ بِيْفَةٍ حِمَّارٍ شَائِلٍ بِرِجُلِهِ فَقَالَ آئْنَ فُلَاٌ وَفُلَاهْ فَقَا لَا تَحْنُ ذَانٍ يَا رَسُولَ اللَّهِ فَقَالَ
انْزِلَا فَكُلًا مِنْ جِيْفَةِ هُذَا الْحِمَارِ فَقَالَا يَا نَّبِىَّ اللَّهِ مَنْ يَاكُلُ مِنْ هَذَا قَالَ فَمَا ذِلْتُمَا مِنْ عِرْضِ آَخِيُكُمَا أُنِفًّا
أَشَدُّ مِنْ أَكْلٍ مِنْهُ وَالَّذِى نَفْسِئْ بَيِدِهِ إِنَّهُ الْآنَ لَفِى أَهْهَارِ الْجُنَّةِ يَنْغَمِسُ فِيهَا-(رواهابوداود)
3627. Sayyiduna Abu Hurayrah رضى الله عنه narrated that (Ma'iz) Aslami came to the
Prophet صلى الله عليه وسلم and testified against himself four times that he had committed
adultery with a woman. Each time the Prophet صلى الله عليه وسلم turned away from him
(allowing him an opportunity to retract and avert the hadd (prescribed punishment)).
But, the fifth time, he faced him and asked, "Did you have intercourse with her?"
He said, "Yes!" He asked, "Till that from you (your sexual organ) disappeared in
that of hers?" He said, "Yes!" Then, he asked, "Like a collyrium stick disappears in
the case and a rope in the well?" He said, "Yes!" He asked, "Do you know what
adulters is?" He said, "Yes, I did with her unlawfully what a man does with his
1 Bukhari # 6777
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wife lawfully." He asked, "What do you intend (to get) by this confession?" He
said, "I intend that you (punish and so) purify me." SO (having thus established his
guilt) he gave command about him and he was stoned to death.
Then Allah's Prophet صلى الله عليه وسلم heard two of his sahabah (Prophet's Companions)
ais áti >> say, one to his companion, "Look at this man! Allah did conceal his fault
but his self did not spare him (from confessing to his sin) till he was stoned (to
death), the stoning of a dog." But, he (the Prophet صلى الله عليه وسلم said nothing to them.
He walked a while till he came to the corpse of an ass (lying upside down) with its
legs raised in the air (its body puffed up). He asked, "Where are so-and-so and so-
and-so?" (He meant the two men.) They exclaimed, "Here we are! O Messenger of
Allah!" He said, "Alight, and eat from the corpse of this ass." They submitted, "O
Prophet of Allah, who can eat any of that (flesh)?" He said, What the two you have
just now spoken in defaming your brother is more repulsive than eating from it. By
Him who has my soul in His hand. He (Ma'iz) is now in the rivers of paradise,
diving into them."
(٣٦٢٨) وَعَنْ خُزَيْمَةَ بْنِ ثَابِتٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ مَنْ أَصَابَ ذَنْبًّا أُقِيْمَ عَلَيْهِ حَدُّذُلِكَ
الذَّنْبِ فَهُوَ كَفَّارَتُهِ- رَوَاهُ فِعْ شَرُمُ السَُّّةِ.
3628. Sayyiduna Khuzaymah ibn Thabit usa+, narrated, "If a person commits a sin
and receives the prescribed punishment for that sin (like lashes for adultery and
cutting off hand for stealing) then it is expiation for his sin."1
PUNISHMENT AVERTS RECKONING IN THE HEREAFTER
(٣٦٢٩) وَعَنْ عَلِيٍّ عَنِ النَّبِيّ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ أَصَابَ حَدَّا فَمُجِّلَ حُقُوبَتُهُ فِي الدُّنْيَّا فَاللهُ أَعْدَلُ مِنْ
ابْ يُثَنَِّ عَلَى عَبْدِهِ الْعَقُوْبَةَ فِي الْآخِرَةِ وَمَنْ أَصَابَ حَذَّا فَسَتَرَهُ اللَّهُ عَلَيْهِ وَعَفَا عَنْهُ فَاللَّهُ أَكْرَمُ مِنْ أَبْ
يَّعُوْدَوَ فِى شَىْءٍ قَدْ عَفَّا عَنْهُ - رَوَاهُ التِّرْمِذِىُّ وَابْنُ مَاجَةً وَقَالَ التِّرْ مِذِىُّ هُذَا حَدِيْثٌ غَرِيُبْ.
3629. Sayyiduna Ali narrated that the Prophet ,,lean Lo said, "If anyone is liable to
receive the hadd (prescribed punishment) (having committed a sin that makes hadd
(prescribed punishment) wajib (obligatory) on him or a tazeer wajib (obligatory) on
him), then Allah is too Just to punish His slave in the hereafter a second time. And
as for him, who commits a sin (and is liable to receive a punishment of hadd
(prescribed punishment)) and Allah conceals his crime and pardons him then Allah
is too kind to return to something that He has forgiven.2
COMMENTARY: The man made a sincere repentance seeking Allah's forgiveness. So,
Allah forgives him in this world and conceals his sin. It is expected of Him, therefore, that
He will be kind and forgive him in the hereafter, too.
BETTER TO CONCEAL ONE'S SINS THAN TO DISCLOSE THEM
The majority of the ulama (Scholars) hold that if a person commits a sin then rather than
disclose it (with a confession before the rulers to get the punishment in this world), it is
1 Musnad Ahmad 5-215, Shah us-sunnah (Prophet's صلى اللهعليه وسلم practice).
2 Tirmidhi # 2626 (2635), Ibn Majah # 2604, Musnad Ahmad 1-199.

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better for him and a preferable course that he conceal his sin and make a repentance to
Allah and seek forgiveness from Him. Of course, submitting himself before the ruler and
making a confession of his sin is a sign of his strong faith, of soundness of his heart and his
fear of Allah, but concealing it is better.
CHAPTER - VI
TAZEER (DISCRETIONARY PUNISHMENT)
بَابُ التَّعْزِيْرِ
The root of the word (ja) tazeer is (sie) azzar. It means to forbid,' 'to stop', 'to blame'. In
the terminology of shariah, this word (tazeer) is used in the sense of the punishment that is
milder than hadd (prescribed punishment) and is awarded by way of a warning and a
deterrent. It is called tazeer because it is aimed to prevent one from committing the deed
(sin or crime) again because of which one had to undergo the punishment (tazeer).
DIFFERENCE BETWEEN HADD (PRESCRIBED PUNISHMENT) & TAZEER: Hadd
(prescribed punishment) is the punishment prescribed by Allah's Book and the sunnah
(Prophet's , te àto practice) of His Messenger and it is also specified. The ruler has
authority only to enforce it but he is not allowed to enact it or to amend it.
On the other hand, tazeer is punishment that is not specified by Allah's Book or the sunnah
(Prophet's صلى الله عليه وسلم practice) of His Messenger صلى الله عليه وسلم . Rather, it is enforced at the
discretion of the ruler. He may determine it according to circumstances and exigencies of
the time and need of the moment.
SECTION I
اَلَفَضْلُ الْأَوَّلُ
THE MAXIMUM PUNISHMENT AS TAZEER
(٣٦٣٠) عَنْ أَبِ بُرُدَةًا بُنِ نِيَارٍ عَنِ النَِّّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَّا يُجُلَّدُ فَوْقَ عَشْرِ جَلَدَاتٍ إِلَّ فِيْ حَدٍّ ◌ِنُ
حُدُوْدِ اللهِ- (متفق عليه)
صلى الله عليه وسلم narrated that the Prophet رضى الله عنه Sayyiduna Abu Bardah ibn Niyar .3630
said, "More than ten lashes must not be awarded (in punishment to anyone), except
in one of the hadd (prescribed punishment) (prescribed punishment of the) of the
hudud of Allah."1
COMMENTARY: Though this hadith says that it is not allowed to award more than ten
lashes in the cases of discretionary punishments or tazeer yet the ulama (Scholars) say that
this hadith is abrogated.
As for the maximum number of lashes to be awarded in case of tazeer, the jurists have
different opinions about it. Imam Abu Hanifah ale, and Imam Muhammad atus, say that
more than thirty-nine lashes must not be awarded to anyone. Imam Abu Yusuf alus, says
that a maximum of seventy lashes may be awarded.
1 Bukhari # 8648, Muslim # 40. 1708, Tirmidhi # 1463, Abu Dawud # 4491, Ibn Majah # 2601, Darimi
# 2314, Musnad Ahmad 4-45.

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As for the minimum number of lashes, all of them agree that they should be three.
Moreover, they agree too that the number of lashes awarded in case of tazeer should not be
as many as the number awarded against hadd (prescribed punishment). However, if they are
more severe than that then there is no harm.
SECTION II
الفضل الثَّانِی
DO NOT BEAT ON FACE OF THE GUILTY
(٣٦٣١) عَنْ آَيْ هُرَيْرَةً عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ إِذَا ضَرَبَ احَدُكُمْ فَلْيَتَّقِ الْوَجُهَ-(رواه أبوداود)
3631. Sayyiduna Abu Hurayrah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said,
"When any one of you enforces a beating (on the guilty), he should keep away from
(striking) the face."1
PUNISHMENT FOR RUDENESS
(٣٦٣٢) وَعَنِ ابْنِ عَبَّاسٍ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ إِذَا قَالَ الرَّجُلُ لِلرَّجُلِ يَايَهُوُدِىُّ فَأُضِرِبُوهُ
عِشْرِيْنَ وَإِذَا قَالَ يَا مُخَتَّتُ فَاضْرِ بُوْهُ عِثْرِيْنَ وَمَنْ وَقَّةَ عَلَى ذَاتٍ مَحْرَمٍ فَاقْتُلُؤُهُ- رَوَاهُ التِّرْ مِذِىُّ وَقَالَ
هُذَا حَدِيْثْ غَرِيُبُ-
3632. Sayyiduna Ibn Abbas رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "If
anyone calls another person, 'O Jew' then give him twenty lashes. If he calls him 'O
mukhannath,' then give him twenty lashes.If a man has (illicit) sexual intercourse
then kill him.2
COMMENTARY: Mukhannath are effeminate men. Their limbs and their speech are
like women's. If anyone accuses a slave or an infidel of committing illicit sex though he
is innocent, then the false accuser is awarded the tazeer (some kind of punishment). So
too, if anyone falsely accuses a Muslim a crime other than adultery then he is awarded
a tazeer (or discretion any punishment. A hadd (prescribed punishment) is awarded for
false accusation of adultery). Examples of these false accusations are calling him: O
sinner, O disbeliever, O evil one, O thief, O hypocrite, O homosexual, O Jew, O
mukhannath, O cheater, O son of an adulteress, O zindiq, (o dog), O supporter of
adulterers or thieves, (O bastard).
Tazeer will not be liable on one who calls a Muslim: O donkey, (O dog), O monkey, and
other animals, O barber, (O bastard), O deformed one, O worthless, O joker, O swindler, O
knave, O fool, O doubter. However, the ulama (Scholars) say that the tazeer will be
awarded to one who addresses these words to a virtuous, respectable person. (The words
in parenthesis are repeated in both places in the original urdu.)
HUSBAND'S RIGHT: A husband has a right to punish his wife if she disobeys him when
he asks her to adorn herself for him (when they are together alone), or when she does not
respond to his advances, or if she does not offer the (prescribed) salah (prayer), or if she does
not have a purifying bath (after sexual intercourse), or if she goes out of his house without
his permission.
1 Abu Dawud # 4493, Musnad Ahmad 2-244.
2 Tirmidhi # 1467, Ibn Majah # 2568 (2564).