Indexed OCR Text

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The hadith is evidence that to charge unjust tax and other levies are very sinful. It is like
snatching someone's property.
The word at the end of the hadith is salla (he offered salah (prayer) - (.) in sahih Muslim
from all the narrators. This means that the Prophet صلى الله عليه وسلم offered the funeral salah
(prayer) over the woman. However, in the view of Tabari and in the versions of Ibn Abu
Shayban and Abu Dawud the word is sulli () - in the passive voice) to imply that while
the others offered the funeral salah (prayer), Allah's Messenger صلى الله عليه وسلم did not offer it.
Indeed, the version of Abu Dawud states very clearly that he did not offer it ((les) but
instructed the people to offer it. This is why the imams differ on whether funeral salah
(prayer) is offered over one who is stoned. Imam Maalik al das, regards it to be makruh
(disapproved).
Imam Ahmad says that the ruler and dignitaries must not offer it but the common people
may offer the funeral salah (prayer) over such a person.
Imam shafi'I als, and Imam Abu Hanifah ale>, hold this person's funeral salah (prayer)
should be offered as, in fact, of every such person who recites the kalimah, even if he was a
sinner and indecent, and the hadd (prescribed punishment) was enforced on him.
According to another report, Imam Ahmad also gave the same opinion.
Qadi Iyad al , also outlined the two forms of the word salla and sulli (active and
passive voice) in different books. He says that it is more proper that the word is in the
active voice salla, If read with the preceding (y ) (then he gave a command
concerning her). This means that he instructed them to give her body a bath and to
enshroud it and to bring it to the place of the funeral salah (prayer). This is upheld by
the words in sahih Muslim (# 64. 1696):
آمَرَ بِهَا النَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمْ فَرَجَمْتُ ثُمَّ صَلَى عَلَيْهَا فَقَالَ لَهُ حُمَرْ تُصَلِّى عَلَيْهَا يَا نَبِىَّ اللَّهِ وَقَدْزَنَّتُ
{ ... then the Prophet pronounced judgment about her and her clothes were tied
around her and he commanded and she was stoned to death. He then offered the
funeral salah (prayer) over her. Umar usando, submitted to him, "O Prophet of Allah
you offer salah (prayer) over her while she had committed fornication ... "}
It is stated explicitly in this hadith that the prophet , an did offer the funeral salah
(prayer) of this woman.
Qadi Iyad has made it clear too that though Muslim has not mentioned the Prophet's lean
duy offering the funeral salah (prayer) over Ma'iz ib Maalik atas, Bukhari has mentioned it.
The Question arises that since most of the versions of Muslim has the active voice of
the word (.) (salla), why do the authentic copies of Mishkat use the passive voice of
this word (+) (sulli)? He (the compiler) ought to have preferred the active voice
because the positive is always chosen over the negative. But, since some reliable texts
had the passive voice and there was a difference of opinion whether the funeral salah
(prayer) was offered by the Prophet usano, or not, the compiler of mishkat opted for the
passive voice because it allows for both options. But, we must go by the majority and
use the active voice to state that:
(The prophet صلى الله عليه وسلم did offer the funeral salah (prayer) over her.}
DEDUCTION: This hadith proves that hadd (prescribed punishment)
(prescribed
punishment) wipes out the sin for which it is imposed. In the hereafter t his person who is

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punished will not be questioned about the sin for which he is punished.
APPARENT DIFFERENCE: Finally, Nawawi a , has pointed out that of the two
versions, the second makes it very clear that the woman had weaned the child before she
was stoned to death. However, the first implies that she was punished when the Ansar
man offered to shoulder responsibility for the suckling of the child. This may be explained
by suggesting that even in the first version, it does not specify that the child was not
weaned. The responsibility that the Ansar had taken to suckle the child was a figurative
way of caring for it, because the child was an infant after all. He took responsibility to raise
and nurture the child.
PUNISHMENT GIVEN TO INDECENT SLAVE GIRL
(٣٥٦٣) وَعَنْ آَتِيْ مُرَيْرَةً قَالَ سَمِعْتُ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ إِذَا زَنَتْ آَمَةُ أَحَدِكُمْ فَتَبَيَّنَ زِنَاهَا
فَلْيُجُلِدُهَا الْحُدَّوَلَا يُعَرِّبُ عَلَيْهَا ثُؤَّ إِنْ زَنَتْ فَلْيَجُلِدُهَا الْحَدَّ وَلَا يُقَرِّبُ ثُنَّ إِنْ زَنَتِ الثَّالِفَةَ فَتَبَيَّنَ
زِنَاهَا فَلْيَبِعُهَا وَلَوْ بِحَبْلٍ مِنَ شَعْرٍ - (متفق عليه)
صلى الله عليه narrated that he heard the Prophet رضى الله عنه Sayyiduna Abu Hurayrah .3563
, say, "when the female slave of any of you commits adultery and it is obvious
(that she had done so), he must impose the had (prescribed punishment) on her of
flogging. But, he must not disgrace her. When she commits adultery again, he must
impose the hadd (prescribed punishment) on her of flogging. But, he must not
disgrace her. Then, when she commits adultery a third time and it is obvious (that
she has done so), he must sell her, even if only for a string of hair (meaning, the
most insignificant thing).1
COMMENTARY: The hadd (prescribed punishment) that the master must impose on his
earning female slave is to give her fifty stripes. The hadd (prescribed punishment) of
male and female slave is half of that of free man. Moreover stoning to death is not
prescribed for them.
Imam Shafi ales, says on the basis of this hadith that a master may carry on and execute
the hadd (prescribed punishment) himself.
The Hanafis, however, say that this is not allowed. They say that the hadith makes him
responsible to present her to the ruler that he might impose the hadd (prescribed punishment).
Once the female slave is awarded the punishment, she must not be taunted and disgraced.
The hadd (prescribed punishment) wipes off her sins. This command is not only for female
slave but also for the free woman, etc. since female slave are generally prone insults on
sight faults, therefore this hadith mentions them particularly.
As for selling his erring female slave, he may sell her after imposing the hadd (prescribed
punishment) on her, or without imposing it. However, the words of the hadith seem to
suggest that he should dispose of her before imposing on her the hadd (prescribed punishment).
Imam Nawawi als>, points out that the hadith discourage living with sinners and indecent
people. He said that it is mustahab (desirable) to sell a female slave to this nature, but the
Zawahir scholars say that it is wajib (obligatory) to part with her.
1 Bukhari # 2234, Muslim # 3-1703, Tirmidhi # 1433 (1433) Abu Dawud # 4470, Ibn Majah 2565,
Darimi # 2326, Muwatta Maalik # 14 (Hudud), Musnad Ahmad 2-249, (Tirmidhi has it is notes to
hadith 1433 (14387) 2-376.

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ABOUT THE HADD (PRESCRIBED PUNISHMENT) ON THE SICK
(٣٥٦٤) وَعَنْ عَلِيٍّ قَالَ يَا أَيُّهَا النَّاسُ أَقِيْمُوْا عَلَى آَرِقَّائِكُمُ الْخُذَّمَنْ أَحْصَنَ مِنْهُمْ وَمَنْ لَمْ يُجُمِنٌ فَإَِّ آَمَةً
لِرَسُوْلِ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ زَّنَّتْ فَأَمَرَنِي آَنْ أَجُلِدَهَا فَإِذَا هِىَ حَدِيْثُ عَهْدِ بِنِفَاسٍ فَخَشِيْتُ إِنْ
أَنَّا جَلَدُلُّهَا أَنْ أَقْتُلَهَا فَذَكَرْتُ ذَلِكَ لِلِنَّبِيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ أَحْسَنْتَ - رَوَّاهُ مُسْلِمْ وَفِىُ رِوَايَةٍ
آنِيْ دَاؤدَ قَالَ دَعُهَا حَتَّى يَنْقَطِةَ دَمُهَا ثُؤَّ آقِمٌ عَلَيْهَا الْخُدَّوَ آَقِيْهُوا الْحُدُوْدَ عَلَى مَامَلّكَتْ آَیْمَانُگُهُ.
3564. Sayyiduna Ali us an>, said, "O you people! Do enforce the hadd (prescribed
punishment) on your (male and female) slaves (if they perpetrate adultery or
fornication, fifty stripes), the married among them or the unmarried. Indeed, a.
female slave belonging to Allah's Messenger صلى الله عليه وسلم had committed fornication.
So, he commanded me to impose the hadd (prescribed punishment) (of lashes) on
her. But, behold! She had given birth to a child recently. That caused me
apprehension that if I whipped her then I might kill her Hence. I spoke of that with
the noble prophet صلى الله عليه وسلم and he agreed, saying. "You did well!"1
According to another version: He said, "Let her alone till her blood stops to flow.
Then impose the hadd (prescribed punishment) on her. And impose the prescribed
punishment on your slave (male and female)."2
COMMENTARY: According to this hadith a woman experiencing post -birth bleeding
must be given respite from punishment till she stop bleeding. This is a kind of sickness and
a sick person is not punished till he recovers.
Ibn Hamam us +, says that if a sick married person has committed fornication and is
liable to stoning to death then he should be given that punishment during his sickness. If
he is unmarried and has committed adultery and is liable to be lashed then he should not
be awarded the lashes is his sickness but the punishment should be deferred till he
recovers. However, if he suffers such an illness from which he might not recover or is
infirm and feeble, then Imam Abu Hanifah al , and Imam Shafi'I a >, say that the
punishment must be carried out to fulfil the requirements of law by getting a branch of the
date palm tree that has one hundred small twigs. He should be hit with that branch once in
such a way that each of its one hundred twigs touches his body. It is necessary to use a
wide, stretched out branch.
Moreover, the flogging should not be carried out in severe summer or in harsh winter. It
should be enforced in a moderate climate (see hadith # 3574 about a sick punishment).
SECTION II
الفَصلُ الثَّانِى
ADULTERER (LESS) RETRACTS CONFESSION
(٣٥٦٥) عَنْ أَبِي هُرَيْرَةً قَالَ جَآءَ مَاعِزُ الََّ سْلَمِىُّ إِلَى رَسُولِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ إِنَّهُ قَدُزَنى
فَأَعْرَضَ عَنْهُ ثُؤَّ جَاء مِنُ شِقِّهِ الْآخَرِ فَقَالَ إِنَّهِ قَدْ زَنَّ فَأَعْرَضَ عَنْهُ ثُؤَّ جَاءَ مِنْ شِقِّهِ الْآخَرِ فَقَالَ يَا رَسُولَ
اللَّهِإِنَّهُ قَدْزَنِى فَامَرَ بِهِ فِي الرَّابِعَةِ فَأُخْرِ جَ إِلَى الْحُرَّةِ فَرُجِمَ بِالْحِجَارَةِ فَلَمَّا وَجَدَ مَسَّ الْحِجَارَةِ فَرَّيَشْتَدُّ حَتى
1 Muslim # 1705.
2 Abu Dawud # 4473, Tirmidhi # 1441, Musnad Ahmad 1-156.

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مَرَّبِرَ جُلٍ مَعَه ◌َى جَمَلٍ فَضَّرَبَهُ بِهِ وَضَّرَبَهُ النَّاسُ حَتَّى مَاتَ فَذَكَّرُوْا ذُلِكَ لِرَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ
وَسَلَّمَ إِنَّهِ فَرَّحِيْنَّ وَجَدَ مَسَ الْحِجَارَةِ وَمَسَّ الْمَوْتِ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ مَلَّا تَرَكْتُمُوْهُ-
رَوَاهُ النِّزْ مِذِىُّ وَابْنُ مَاجَةَ وَفِيْ رِوَايَةٍ هَلَّا تَرَكْتُمُوْهُ لَعَلَّهُ أَنْ يَّتُوُبَ اللّهُ عَلَيْهِ.
3565. Sayyiduna Abu Hurayrah رضى الله عنه narrated: Ma'iz Aslami رضى الله عنه came to
Allah's Messenger صلى الله عليه وسلم and submitted that he had commit adultery, but he
turned away from him. He came over to the other side and submitted, "I have
committed adultery." But he turned away from him. He came over again and
submitted. "O Messenger of Allah, I have committed adultery." When he repeated
it the fourth time, he gave an order about him and he was taken to Harrah and was
being stoned, when he felt the pair the stones caused, he fled till he come to a man
who had the jawbone of a camel (in his hand). He struck him with it and (other)
people (also resumed to) hit him till he died. They reported that to Allah's
Messenger صلى الله عليه وسلم saying, "He fled on feeling the pain of the stones and the
sense of death." He said, "Why did you not spare him?"
According to another version: He said, "why did you not spare him? He might have
made a repentance and gained pardon from Allah."1
COMMENTARY: The final words mean that he could have repented and Allah would
have relented to him.
According to this hadith if any one confesses having committed a sin but retracts his
confession or says that he had lied or says that he takes back his confession, then the
prescribed punishment of hadd (prescribed punishment) will become invalid. If he does the
same thing while he is being punished then the remaining portion of the punishment will
be waived. Some authorities say, however, that hadd (prescribed punishment) will not be
waived nor become invalid.
رضى الله عنه CONFESSION OF MA'IZ
(٣٥٦٦) وَعَنِ ابْنِ عَبَّاسِ آَّ النَّبِىِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لِمَاعِزِ بْنِ مَالِكٍ أَحَّ مَا بَلَغَنِيْ عَنْتَ قَالَ وَمَا
بَلَغَكَ عَتِيْ قَالَ بَلَغَنِىْ أَنَّكَ قَدُوقَعْتَ عَلَى جَارِيَةِ الِ فُلَانٍ قَالَ نَعَمُ فَشَهِدَ ارُبَعَ شَهَدَاتٍ فَأَمَرّپِهِ
فَرُجِوَ - (رواه مسلم)
3566. Sayyiduna Ibn Abbas رضى الله عنه narrated that the Prophet صلى الله عليه وسلم asked
(Sayyiduna) Ma'iz ibn Maalik usan+), "Is what is conveyed to me about you true?'
He asked, "And what has been conveyed to you about me?" He said, It has been
conveyed to me that you have had sexual intercourse wit h the slave girl belonging
to so and so people." He said, "Yes" and he admitted it four times (in four meetings)
so, he ordered that he should be s toned to death. And he was stoned to death.
COMMENTARY: The compiler of the Masabih has placed this hadith here in Section II
though it ought to have been placed in Section I.
There is no contradiction between this hadith and the previous ahadith on this subject.
Here, the mian subject is mentioned briefly and the initial confession of Ma'iz usan+, is not
1 Tirmidhi # 1438 (1433), Ibn Majah # 2554, Musnad Ahmad 2-150. (See also hadith # 3561, 3562).

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رضى الله عنه 'had known of Ma'iz صلى الله عليه وسلم mentioned. It is very much likely that the prophet .
guilt beforehand and had him admit it in the manner mentioned in the other ahadith (#
3561, 3562, 3565). He had him do that four times in four positions.
CONCEAL FAULTS OF OTHER PEOPLE
(٣٥٦٧) وَعَنْ يَزِيْدَ بْنِ نُعَيْرٍ عَنْ آَبِهِ آَكَّ مَا عِزَّا آتَى النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَأَفََّّ عِنْدَهُ أَرْبَعَّ مَرَّاتٍ فَأَمَرَ
بِرَجُمِهِ وَقَالَ لِهَزَّالٍ لَوْسَتَّرْتَهُ بِقَوْبِكَ كَانَ خَيْرًّا لَكَ قَالَ ابْنُ الْمُنْكَّدِرِ إِنَّ هَزَّ الَّا أَمَرَمَا عِزَّا أَنْ يَاقَِّ
النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَيُخْبِرَه- (رواه ابوداؤد)
3567. Sayyiduna Yazid ibn Nu'aym ma, reported on the authority of his father, that
Ma'iz رضى الله عنه came to the prophet صلى الله عليه وسلم and confessed before him four times
(in four positions to having perpetrated illicit sexual intercourse). So he ordered
that he should be stoned to death. (That was done) And he said to Hazzal. cần+
"Had you covered him with our garment, that would have been better for you."
(meaning, if you had concealed his sin of extra marital sex).
Ibn Munkadir als, (a narrator of this hadith) said that it was Sayyidah Hazzal À+,
and disclose to صلى الله عليه وسلم to go to the Prophet رضى الله عنه who had induced Ma'iz عنها
him what he had perpetrated.1
.
رضى الله had a female slave by the name of Fatimah رضى الله عنه COMMENTARY: Sayyiduna Hazzal
رضى الله When Hazzal. رضى الله عنه had illicit sex with Fatimah رضى اله عنه whom he had set free. Mu'iz عنه
This is . صلى اللهعليه وسلم to disclose his affair to the Prophet رضى الله عنه learnt of it, he induced Ma'iz عنه
the reason the prophet صلى الله عليه وسلم advised Hazzal رضى الله عنه that it would have been better for
him not to disclose the sin of Ma'iz acin+). "Allah would have concealed your faults."
(In this regard the hadith of Ibn Umar as an +, may be borne in mind: "A Muslim is a
brother of another Muslim ... and whoever conceals (faults of) a Muslim, Allah will conceal
(his faults for) him on the day of resurrection.")2
NO RULER MAY CONDONE THE PRESCRIBED PUNISHMENT
(٣٥٦٨) وَعَنْ عَمْرِو بْنِ شُعَيْبٍ عَنْ أَبِئْهِ عَنْ جَدِّمٍ عَبْدِ اللهِ بْنِ عَمْرٍو بْنِ الْعَاصِ آَكَّ رَسُولَ اللهِ صَلَّى اللهُ
عَلَيْهِ وَسَلَّمَ قَالَ تَعَارَفُوا الْحُدُودَ فِيْمًا بَيْنَكُمُ فَمَا بَلَغَنِ مِنْ حَدٍّفَقَدوَجَبَ-(رواهابوداود والنسائى)
3568. Sayyiduna Amr ibn Shu'ayb als, reported from his father, Shuayb aus, that
his grandfather, Abdullah ibn Amr ibn Aas uch », narrated that Allah's Messenger
said "Forgive the enforcement of the prescribed punishment amongst صلى الله عليه وسلم
yourselves (before I learn of them). If I learn of any crime calling for the prescribed
punishment then it become wajib (obligatory) (to enforce it)."3
COMMENTARY: The people are advised to forgive each other and avert their punishment.
1 Abu Dawud # 4378.
2 Bukhari # 2442, Muslim # 58-2580, Tirmidhi # 1426, Abu Dawud # 4893, Musnad Ahmad 2-68.
(This book hadith # 4958)
3 Abu Dawud # 4376, Nasai $ 4885.

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They are urged to be kind and not to bring cases against each other before rulers. Once it
comes to the ruler then it is not allowed to him to forgive the accused and he must enforce
the punishment.
The master of a slave may not enforce the hadd (prescribed punishment) on his slave himself
nor is it proper for him to bring him to the ruler. Rather, he must forgive him.
Moreover, the advice to forgive is not a command of a wajib (obligatory) nature but is a
mustahab (desirable) (recommended) course.
OVERLOOK THE MISTAKES OF THE RESPECTABLE
(٣٥٦٩) وَعَنْ عَائِشَةَ أَبْ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ اقِبْلُوْ ا ذَوِى الْهَيْئَاتِ عَقَرَ اتِهِمْ إِلَّ المُدُودَ-(رواهابوداود)
3569. Sayyiduna Ayshah رضى الله عنها narrated that the Prophet صلى الله عليه وسلم said,
"Overlook the mistake of the people of distinction, but not such acts as invite the
prescribed punishment (on them)."1
COMMENTARY: If they commit a sin by mistake or fall into an error suddenly an
unexpectedly then they must be forgiven. They should not be disgraced by subjecting them
to punishment whether their slip or sin concerns rights of Allah or rights of fellow men. Of
course, it Is not allowed to forgive them such sins as make them liable to the hadd
(prescribed punishment), whether they concern rights of Allah or rights of human beings.
This command is directed to all people. Moreover, it is of the nature of mustahab (desirable).
BENEFIT OF DOUBT BE GIVEN TO THE ACCUSED
(٣٥٧٠) وَعَنُها قَالَتْ قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ إِذْ رَءُوا الْحُدُوْدَ عَنِ الْمُسْلِمِيْنَ مَا اسْتَطَعْتُمُ
فَإِْ كَاتَ لَهْ مَخْرَْ فَخَلُّوُ سَبْلَهُ فَإِكَّ الْإِمَامَ آَنْ يُخْيِىَّ فِي الْعَقْوِ خَيْرٌ مِنْ آَنْ يُخْطِىَّ فِي الْعُقُوبَةِ۔
رَوَاهُ التِّرِّمِذِىُّ وَقَالَ قَدْرُوِىَ عَنْهَا وَلَمْ يَرْفَهُ وَهُوَ آَصُّْـ
3570. Sayyidah Ayshah رضى الله عنهاا narrated that Allah's Mssenger صلى الله عليه وسلم said, "As
for as you possibly can, preserve the Muslims from the imposition of the prescribed
punishment. If there is any possibility of escape for a person then let him go, for it
is better for a ruler or judge to err in forgiving then to err in punishing."2
COMMENTARY: These words are addressed primarily to the rulers. They should give
benefit of doubt to the accused and to their best to ward off the punishment from him. In
fact, they must encourage the accused to present an excuse, like asking him if he is mad.
Examples are found in the case of Ma'iz رضى الله عنه whom the prophet صلى اللهعليه وسلم prompted a
number of possibilities.
As for a ruler or judge making a mistake, this does impair the judgement. However, if the
mistake is in favour of the accused then a Muslim's life is saved and his honour protected.
Hence this mistake is better than committing one which plays with his life.
HADD (PRESCRIBED PUNISHMENT) IS IMPOSED ON MAN WHO RAPES
(٣٥٧١) وَعَنُ وَائِلِ بُنِ حُجُرٍ قَالَ اسْتُكُرِ هَتِ امْرَأَةٌ عَلَى عَهْدِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَدَرَ أَعْنُهَا الْحُدُوُدَ
1 Abu Dawud # 4375, Musnad Ahmad 6. 181.
2 Tirmidhi # 1424.

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وَأَقَامَهُ عَلَى الَّذِى أَصَابَهَا وَلَمْ يَذْكُرُ أَنَّهُ جَعَلَ لَهَا مَهْرًا- (رواه الترمذى)
صلى الله عليه narrated that, in the time of Prophet رضى الله عنه Sayyiduna Wa'il ibn Hujr .3571
), a woman was compelled (to submit to a man's evil desire against her will. He
solved her of punishment, but imposed the hadd (prescribed punishment) on the
man who had raped her. The narrator did not say any thing about whether the
Prophet صلى الله عليه وسلم made a dower payable to the woman (by the man).1
COMMENTARY: If the narrator did not mention it, it does not fellow that a dower was not
paid. Other ahadith do confirm that it is wajib (obligatory) to pay the mahr (dower) to
women who are forced to submit to a man's evil desire against her will. The word mahr is
actually used uqr2 (a) which is a penalty payable to a woman who is subjected to illicit
sexual intercourse. The amount is calculated according to what dower would have been
wajib (obligatory) in a lawful relationship of marriage.
It is stated in fatawa Alamgiri that uqr is mahr mithl (proper dower). In other words, the rapist
must be made to pay to the woman the amount equal to the dower proper to her status.
(٣٥٧٢) وَعَنْهُ أَّ امْرَأَنَّ خَرَ جَتْ عَلَى عَهْدِ النَّبِيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ تُرِيدُ القَّلْوَةَ فَتَلَقُهَا رَجُلْ فَتَجَلَّلَهَا فَقَفِى
حَاجَتَهُ مِنْهَا فَصَاحَتْ وَانْطَلَقَ وَمَرَّتْ حِقَابَةٌ مِنَ الْمُهَاجِرِيْنَ فَقَالَتُ إِّ ذَلِكَ الرَّجُلَ فَعَلَ يْ كَذَا وَكَذَا
فَأَخَذُوا الرَّجُلَ فَأَتَوْا بِهِ رَسُوْلَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ لَهَا اذْهَبِئْ فَقَدْ غَفَّرَ اللَّهُ لَكِ وَقَالَ لِلرَّجُلِ الَّذِى
وَقَعَ عَلَيْهَا أُرُجُمُوْهُ وَقَالَ لَقَدْ تَابَ تَوْبَةً لَوْتَابَهَا أَهْلُ الْمَدِيْنَةِ لَقُبِلَ مِنْهُمُ- (رواه ابوداؤد الترمذى)
صلى الله narrated that, in the time of the Prophet رضى الله عنه Sayyiduna Wa'il ibn Hujr .3572
jule, a woman went out to go and offer the salah (prayer). On the way, a man met
her and putting a sheet of cloth over her, (molested her and) had his desire fulfilled
with her. She shouted and he fled. A group of the mujahirs passed by. She told
them that the man had done wrong to her. They got hold of him and took him to
Allah's Messenger صلى الله عليه وسلم who instruct ed the woman to go away, "Allah has
forgiven you." And, he said about the man who had raped her. "Stone him to
death.' Then he said, "He has repented so much (by enduring the hadd (prescribed
punishment)) that if the inhabitants of Madinah had repented in this way, their
repentance would have been accepted from them."3
COMMENTARY: The concluding words mean that the man endured punishment for his
crime and thereby made a repentance. If that repentance was shared by the people of
Madinah then not only would their repentance have been accepted but also its reward
would have sufficed all of them. The prophet ,la made clear through these words
that the man had committed a heinous crime but the punishment had purified him of his
sin and he was forgiven.
1 Tirmidhi # 1453 (1458) Musnad Ahmad 4. 318.
2 In such cases the word used is uqr (not mahr which is a dower.
3 Tirmidhi # 1459, (slightly additional), Abu Dawud # 4379.
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DUAL PUNISHMENT
(٣٥٧٣) وَعَنْ جَابِرٍ آَكَّ رَجُلًا زَنى بِمُرَاةٍ فَأَمَرَ بِهِ النَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَجُلِدَ الْحُدَّثُؤَّ أُخْبِرَ أَنَّهُ
مُصِنْ فَامَرَ بِهِفَرُچِء- (رواه ابوداود)
3573. Sayyiduna Jabir usa+, narrated that a man had illicit sexual intercourse with
a woman, so the prophet صلى الله عليه وسلم gave command about him. He was awarded to
stripes. Later, he was told that the man was married, so he gave command and the
man was stoned to death.1
COMMENTARY: This hadith shows that a ruler must amend his command when he learns
that a culprit has been given a lighter punishment instead of what he ought to have been given.
HADD (PRESCRIBED PUNISHMENT) ON A SICK CULPRIT
(٣٥٧٤) وَعَنُّ سَعِيْدٍ بُنِ سَعْدٍ بُنِ عُبَادَةً أَثّ سَعْدَ بُنَ عُبَّادَةً أَّ النَّيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِرَجُلٍ كَاتَ فِى
الْخَيِّ مُخْدٌَ سَقِيْ فَوُجِدَ عَلَى آَمَةٍ مِنْ إِمَائِهِمْ يَخْبُتُ بِهَا فَقَالَ النَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ خُذُوالَهُ عِشْكَلَّ فِيْهِ
مِائَةُ شِمْرًا اخْ فَاضْرِ بُوْهُ ضَرُبَةً -رَوَاهُ فِيْ شَرُحِ السُّنَّةِ وَفِى رَوَایَةِ ابْنِ مَاجًَ نحوُه۔
3574. Sayyiduna Sa'eed ibn Sa'd ibn Ubadah رضى الله عنه reported that Sa'd ibn Ubadah
from his neighbourhood on incompletely ,صلى الله عليه وسلم took to the Prophet رضى الله عنه
built, sick man (having no hopes of recovery). He was found having illicit sexual
intercourse with a female slave of the neighbourhood. The Prophet صلى الله عليه وسلم said,
"Get for him a branch of a palm tree that has one hundred twigs. Then strike him
with the branch once."2
The Majahj has transmitted a similar hadith.3
COMMENTARY: The prophet صلى الله عليه وسلم said that the man should be struck once with the
branch. The strike was to be such as to cause every thing to hit his person.
Previously, we have touched on this subject (hadith # 3564)
The ruler is bound to consider all aspects of the case when he passes the judgement.
HOMOSEXUALITY
(٣٥٧٥) وَعَنْ عِكْرَمَةَ عَنِ ابْنِ عَبَّاسٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ وَجَدُ ثُمُؤْهُ يَعْمَلُ عَمَلَ
قَوْمِ لُوْطِ فَاقْتُلُوا الْفَاعِلَ وَالْمَفْعُوْلَ بِه- (رواه الترمذى وابن ماجة)
3575. Sayyiduna Ikrima reported from (Sayyiduna) Ibn Abbas رضى الله عنه that Allah's
Messenger صلى الله عليه وسلم said, "If you see anyone do the deed done by the people of
Lut (> Juuls then kill the doer and the one to whom it is done."4
COMMENTARY: It is stated in sharh us sunnah (Prophet's صلى الله عليه وسلم practice) that the ulama
(Scholars) differ on the issue of hadd (prescribed punishment) enforced on a homosexual.
1 Abu Dawud # 4438.
2 Sharh us sunnah (Prophet's صلى الله عليه وسلم practice).
3 Ibn Majah # 2574, Musnad Ahmad 5-222.
4 Tirmidhi # 1456 (1461), Abu Dawud # 4462, Ibn Majah # 2561, Musnad Ahmad 1-300.

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Imam Shafi'I and>, gave two verdicts. His stronger verdict, and the verdicts of Imam Abu
Yusuf als, and Imam Muhammad als), is that the hadd (prescribed punishment) of the doer
is that of the fornicator of adulterer. If he is married then he should be stoned to death. If he
is not married then he should be given one hundred stripes and banished for one year. The
same punishment applies to a lesbian.
Others say that the doer must be stoned to death in any case, married or unmarried. Imam
Maalik adas, and Imam Ahmad ales, hold the same opinion.
The second verdict of Imam Shafi'I all das, is that both the doer and one who get it done
should be killed. This is as the obvious meaning of this hadith.
As for how they should be killed, some authorities say that they must be crushed under a
falling house to die under its debris. Others say that they must be crushed under a falling house
to die under its debris. Others say that they must be thrown down from a mountain peak.
Imam Abu Hanifah als, said that their punishment should be at the ruler's discretion. If it
has become their habit, then he may, if he wishes, kill them. He may beat them or he may
imprison them.
COMMITTING UNNATURAL ACT WITH ANIMALS
(٣٥٧٦) وَعَنِ ابْنِ عَبَّاسٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنْ أَتى تَهِيْمَةً فَاقْتُلُوْهُ وَاقْتُلُوُهَا مَعَهُ قِيْلَ
لِبْنِ عَبَّاسٍ مَاشَأْكُ الْتَهِيْمَةِ قَالَ مَا سَمِعْتُ مِنْ تَّسُولِ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ ذَلِكَ شَيْئًا وَلْكِنُ آَرَاءُ
کرِهَ اَلْ يُؤْكَلَ لَمُهَا آَوْيُنْتَفَةَ بِهَا وَقَدْفُچِلَ پِهَاذلِكَ۔(رواه الترمذى وابوداود وابن ماجة)
3576. Sayyiduna Ibn Abbas «en+, narrated that Allah's Messenger said, "If any one has
sexual intercourse with an animal, kill him and kill the animal with him." Ibn Abbas
Ac dn >) was asked, 'what wrong does the animal do?" He said, 'I had heard nothing
about it from Allah's Messenger ,can do. I suppose that he did not like that its flesh
may be eaten or any benefit be derived from it once this act is done to it."1
COMMENTARY: The words of the hadith 'kill him' do not mean that he should be killed
in fact. Rather, he must be thrashed severely.
As for killing the animal, some people imagine that if the animal is spared, it might
conceive from the man's sperm and a deformed animal might be born having some human
features. So, to avert that, the animal must be put to death. Or, the living animal might
cause embracement to its owner before other people.
It is stated in Sharh Mazhar that the four imams agree that the savage, sadistic man who
has perpetrated an unnatural act with an animal must not be killed, but he must be
awarded some discretionary punishment. As for this hadith, it strongly condemns the
brutal act of the sadistic man.
Where the animal is concerned, some scholars hold that an animal whose flesh is eaten and
has been subjected to the unnatural act. Must be killed. If its meat is not eaten, then both
options are open. We abide by the apparent meaning of this hadith, then it may be killed, If
it is not the desire to eat its flesh and it is not lawful then it is forbidden to slaughter it and
hence it must not be killed.
1 Tirmidhi # 1460, Abu Dawud 4464, Ibn Majah # 2561, Musnad Ahmad 1-300.
:
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HOMOSEXUALITY IS WORST KIND OF SIN
(٣٥٧٧) وَعَنْ جَابِرٍ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِّ أَخْوَفَ مَا آَخَافُ عَلَى أُمَّتِيْ عَمَلُ قَوْمِ
تُوطِ - (رواه ترمذى وابن ماجه)
3577. Sayyiduna Jabirt رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"That which I fear most for my ummah is that they might do what the people
of Lut عليه السلام did."1
COMMENTARY: He feared that his people might succumb to sexual desires and become
agitated. Because of that, they might began to do the unnatural act. This is a very dirty and
greatly unlawful deed. If they do it, then they will face a very grave punishment.
SEPARATE PUNISHMENT FOR ADULTERY AND FOR FALSE ACCUSATION
(٣٥٧٨) وَعَنِ ابْنِ عَبَّاسِ آَكَّ رَجُلًا مِنْ بَنِي بَكْرِ بْنِ لَيْثٍ أَّ النَِّيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَأَقَّرَّ أَنَّهُ زَنى
بِهْرَأَةٍ أَرْبَعَ مَرَّاتٍ فَجَلَدَهُ مِائَةً وَكَانَ بِكْرَّا تُؤَّ سَأَلَهُ البَِّنَةَ عَلَى الْمَرْأَةِ فَقَالَتْ كَذَّبَ وَاللّهِ يَارَسُوْلَ اللَّهِ
فَجُلِدَ حَدَّ الُفِریة۔(رواهأبوداود)
3578. Sayyiduna Ibn Abbas «a», narrated that a man of Banu Bakr ibn Layth came
to the Prophet صلى الله عليه وسلم and asserted that he had committed adultery with a
woman four times.2
So, he awarded one hundred lashes to him because he was unmarried. Then he
asked him to bring witnesses against the woman, but she declared, "He lies, by
Allah. O Messenger of Allah." So, he had him get the hadd (prescribed punishment)
(prescribed lashes) for falsehood.3
COMMENTARY: The man was punished on the basis of his own confession that he had
committed adultery. But, he also accused a woman with whom he claimed to have had
sexual intercourse. So, the Prophet صلى اللهعليه وسلم asked him to produce witnesses against her.
He could not do that, so the woman took oath that he was a liar. She established in that
. way that he had accused her falsely . Hence, the Prophet صلى اللهعليه وسلم ordered that he should
be given eighty lashes for calumny.
PUNISHMENT TO THOSE WHO CAST SLANDER ON SAYYIDAH AYSHAH "à>>
.(٣٥٧٩) وَعَنُ عَائِشَةَ قَالَتْ لَمَّا نَزَلَ كُذُرِئْ قَامَ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَلَى الْمِنْبَرِ فَذَكَّرَ ذلِكَ فَلَمَّا نَزَّلَ
مِنَ الْمِنْبَرِ آَمَرَ بِالرَّجُلَيْنِ وَالْمَرَأَةِ فَضْرِبُوْا حَذَّهُمُ- (رواه ابوداود)
3579. Sayyidah Ayshah رضى الله عنهاا narrated: when my acquital was revealed (through
verses of the Quran establishing my innocence) the Prophet صلى الله عليه وسلم ascended
the pulpit and mentioned that (in a sermon). When he came down from the pulpit,
he gave command about the two men and the woman. So, they were awarded the
1 Tirmidhi # 1462, Ibn Majah # 2563, Musnad Ahmad # 15095.
2 at four places. Elsewhere it is that he asserted four times that he committed adultery.
3 Abu Dawud # 4467.

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hadd (prescribed punishment) (for calumny).1
COMMENTARY: Some people had accused Sayyidah Ayshah ", àn >, of committing
fornication (we seek refuge in Allah from such thought). In fact, the Prophet صلى اللهعليه وسلم had
also begun to have some doubts. But, Allah revealed verses exonerating her. This proved
that the accusations were part of a conspiracy to malign her, and some people were
involved in it, Her innocence was established in the verses of surah an-Nur. The Prophet
4le aso declared that from the pulpit, and, on alighting from it, he passed judgement
against the slanders the hadd (prescribed punishment) qadhaf (JJ) which is eighty stripes.
The conspirators included two men, Mistah رضى الله عنه and Hassan ibn Thabit رضى الله عنه and one
woman, Hammah bint Jahsh who was the most mischievous of all. Fach of them was given
eighty stripes.
Here we reproduce hadith (# 3191) from Tirmidhi concerning the enter case of ifk (Slander).
Sayyidah Ayshah narrated: when whatever was said about me and I was unaware of it,
Allah's Messenger صلى الله عليه وسلم got up to address the people about me. He began with the
tashahhud (testimony of Allah's unity and of the messenger ship). He praised Allah and
glorified Him as He is worthy of it. He then said, "To proceed: Give me advice about those
people who slander my wife. By Allah, I do not know of any evil in my wife, not at all! And
they accuse her of being with a man of whom I know no evil, not at all he never enters my
house except when I am there. He never undertook a journey except with me." Sa'dibn
Mu'adh stood up and said, "Permit me, O Messenger of Allah that I may sever their
necks." A man from the Khazraj also got up the mother of Hassan ibn Thabit was of the
same tribe are this man-and he said, "You lie. By Allah, if those people were from the Aws,
you would not have loved to strike at their necks." This went to far that there nearly was
evil between Aws and Khazraj in the mosque. But I did not know of it. When it was
evening of that day, I went out to attend to one of my needs with Umm Mistah. She
stumbled and exclaimed, "May Mistah perish." I said to her, "O Mother, do you revile your
son?" But she did not say anything. She stumbled a second time and said, "May Mistah be
ruined." I said to her, "O Mother, do you revile your son?" She did not answer. Again, she
stumbled the third time and said, "May Mistah perish!" So, I rebuked her for that, saying,
"O Mother, you revile your son?" She said, "By Allah, I do not revile him except for your
sake." I asked her, "What about me?" She narrated the hadith (account of what had
transpired). I asked "And is that really so?" She confirmed that it was so, I returned home
not at all being pressed to follow that for which I had gone out. I fell ill and the said to
Allah's Messenger , صلى الله عليه وسلم, "send me to the house of my father." He sent me there and
sent a slave with me. I entered the house and found Umm Ruman (my mother) downstairs
and Abu Bakr upstairs reciting (the Qu'ran). She asked me "what is with you, O
daughter?" I informed her, relating the entire account but she was not as hurt by it as I was.
said to me, "O my daughter, do not take it too hard. It is always that a beautiful woman
who is loved by her husband and she had co-wives will find jealously surrounding her.
Her faults are picked." But she was not as hurt about it as I was. I asked her if my father
know about it. She said, "Yes." I was more grieved at that and wept loudly. Abu Bakr
heard my voice. He was upstairs reciting the Quran. He came down and asked my mother
how it was with me. She told him that I had learnt of the matter. Tears came to his
1 Abu Dawud # 4474, Tirmidhi # 3181 (3192), Ibn Majah # 2567, Musnad Ahmad 6-35.
.
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daughter, go back to your home." So, I went back eyes. He said, "I adjure you, O home.
Allah's Messenger صلى الله عليه وسلم had already come home and asked my maidservant about
me she said, "By Allah, I do not know to any defect in her except that she goes to sleep and
the sheep enter the house devouring her flour or her dough." Some of the Prophet's ,le and
".صلى الله عليه وسلم sahabah scolded her, saying. "Speak the truth before Allah's Messenger وسلم
they were rude to her and she said," Subhan Allah. By Allah, I know about her as a jeweller
knows pure gold." When that man of whom the accusation was made learnt of this, he
said, "Subhan Allah! I have never seen a woman's satr (private parts) (concealed body)."
He was then martyred in Allah's cause (in a battle). In the morning my parents came to me.
They remained with me till Allah's Messenger صلى الله عليه وسلم came, having offered the salah
(prayer) of asr. He came in and my parents were sitting on either side of me. The Prophet
gale ano recited the tashahhud, glorified Allah in words worthy of Him. Then he said,
"Ammah ba'd (to proceed), O Ayshah! If you have committed an evil deed or wronged
(yourself) then repent to Allah, for, indeed Allah accepts repentance from His slaves."
Meanwhile, an Ansar woman came and sat down by the door. I said (to him), "Do you not
feel shy to speak so in the presence of this woman?" And he did deliver words of advice
and admonition. I turned to my father and requested him to answer him, but he said,
"What may I say?" Then I turned to my mother and asked her to say something, but she
said, "Say what?" When they gave no reply, I recited the tashahhud, praised Allah and
glorified Him with words worthy to Him. Then I said, "Now, if I were to tell you that I
have done no such thing and Allah is witness that I am truthful that would be of no avail to
me before you because you have spoken about it and your hearts have already accepted
that. But if I say that I have done it, and Allah knows that I have not done it, you would say
surely that I have confessed to the crime. By Allah, I do not find an example for myself and
for you," and I intended to take the name of Ya'qub but could not recall it except Abu
Yusuf (father of Yusuf) when he said:
فَصَبِّرْ جَمِيْلٌ وَاللهُ الْمُسْتَعَاكُ عَلى مَا تَصِفُوُنَّ
"(For me) goodly patience and Allah is He whose help is ever there to seek against
that which you describe. (12: 18)
At that very instant, revelation descended on Allah's Messenger ,,lekl Lo. We kept silent,
When it was over, I detected signs of relief on the Prophet's y,le ano face. He was wiping
his forehead when he said, "Good things to you, O Ayshah! Allah has indeed revealed
your acquittal." But I was in sever anger. My parents said to me, "Get up and go to him,"
but I refused. "No, by Allah! By Allah, I will not go to him."
Neither do I praise him nor do I praise you two, but I praise Allah who has revealed my
innocence. You all did hear it, yet you did not deny or change it." Sayyidah Ayshah used to
say. "As for Zaynab bint Jahsh, Allah protected her because of her religious attitude and
she did not say any thing but good (words). As for her sister, Hammah, she was ruined
alongwith those who were ruined. And those who spoke about the affair (a erogatory
speech) were Mistah, Hassan ibn Thabit and the hypocrite Abdullah ibn Ubayy, who
circulated the rumour and incited others to do likewise. He and Hammah were in the lead
in this affair." She added that Abu Bakr swore never to show favour to Mistah (with help),
but Allah revealed the verse.
وَلَّا يَأْتَلِ أُوْلُوْ الْفَضْلٍ مِنْكُمْ وَالسَّمَةِ

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Let not the possessors of bounty and abundance among you: that is Abu Bakr
أَكْ يُؤْتُؤْا أُولِى الْقُرُبِ وَالْمَسَاكِيْنَ وَالْمُهَاجِرِيْنَ فِى سَبِئْلِ الله
Swear off giving to the kinsmen and the needy and the emigrants in the way of Allah:
إِلَى قَوْلِهِ آَلَّا تُحِتُّوَ اْ يَّغْفِرَ اللَّهُ لَكُمْ وَاللّهُ غَفُوْرْ زَّحِيُمْ
Let them pardon and overlook. Do you not love that Allah should forgive you? And
Allah is Forgiving, Merciful (24: 22)
Abu Bakr said, "Certainly, by Allah, O our Lord! We love that you forgive us." And he to
him (mistah) whatever he was accustomed to give.
(Trimidhi published by Dar ul Isha'at, Karachi)
SECTION III
الفَصلُ الثَّالِثُ
ONLY THE RAPIST IS GIVEN THE HADD (PRESCRIBED PUNISHMENT)
(٣٥٨٠) عَنْ نَافِعْ آَّ صَفِيَّةً بِنْتَ الٍ عُبَيْدٍ آَخْبَرَتْهُ آَنَّ عَبْدًا مِنْ رَقِيْقِ الْإِمَارَةِ وَقَعَ عَلَى وَلِيْدَةٍ مِنَ الْخُمُسِ
فَاسْتَكُرَهَهَا حَتَّى اقْتَضَّهَا فَجَلَدَهُ عُمَرُ وَلَمٌ يَجْلِدُهَا مِنْ أَجُلٍ أَنَّهُ اسْتَكُرَمَهَا- (رواه البخارى)
3580. Sayyiduna Nafi als, reported that (Sayyidah) Safiyah bint Abu Ubayd ale,
Que informed him that one of the slave of the state (meaning of Khalifah Umar) &>,
we had sexual intercourse with a captive girl, who was part of the fifth of the booty,
compelling her to submit to it though she was unwilling, thereby spoiling her
virginity (meaning, he deflowered her). Umar us à », had him beaten fifty stripes,
but did not have the girl get any stripes because he had compelled her (to have
sexual intercourse) against her will.1
COMMENTARY: The slave girl is exonerated and not punished. In this connexion, we may
cite the verse (24: 33) of the Quran about one who is compelled to illicit sexual intercourse
by her master.
..... رَجِيْطْ
وَلَّا تُكَّرِهُؤْا
{And do not compel your maids to prostitution, if they wish to observe chastity in
order that you may seek the temporary benefit of the worldly life. If one compels
them, then after their being compelled, Allah is Most Forgiving, Most Merciful}
ANOTHER HADITH ABOUT MO'IZ رضى الله عنه FALL INTO SIN
(٣٥٨١) وَعَنْ يَزِيْدَ بُنِ نُعَيْمِ بُنِ هَزَّالٍ عَنْ آَيْهِ قَالَ كَاكَ مَاعِزُ بُنُّ مَالِكٍ يَتِيْمًّا فِيْ حَجُرٍ آٍ فَاصَابَ
جَارِيَّةً مِنَ الْحَيِّ فَقَالَ لَهُ أَبي ائتِ رَسُولَ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَأَخْبِرْهُ بِمَا صَنَّئْتَ لَعَلَّهُ يَسْتَغْفِرُ لَكَ
وَإِنَّمَا يُرِيدُ بِذُلِكَ رَجَاءَ آَنْ يَّكُوْنَ لَهُ مَخْرَبًا فَأَتَاهُ فَقَالَ يَا رَسُولَ اللّهِ إِنِّ زَنَيْتُ فَإِقِمْ عَلَ كِتَّابَ اللُّهِ
فَأَعْرَضَ عَنْهُ فَعَادَ فَقَالَ يَارَسُولَ اللُّهِ إِِّ زَنَيْتُ فَأَقِمْ عَلَّ كِتَابَ اللّهِ حَتَّى قَالَ أَرْبَعَّ مَزَّاتٍ فَقَالَ تَسُولُ
اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِنَّكَ قَدْقُلْتَهَا أَرْبَعَ مَرَّاتٍ فَسِمَنُ قَالَ بِقُلَانَةٍ قَالَ هَلْ ضَاجَمْتَهَا قَالَ نَعَمْ قَالَ مَلُ
1 Bukhari # 6949.
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بَاشَرُنَّمَا قَالَ نَعَمْ قَالَ هَلْ جَامَعْتَهَا قَالَ نَعَمْ قَالَ فَأُمِرَبِهِ أَنْ يُرْجَمَ فَأُخْرِجَ بِهِ إِلَى الْحُرَّةِ فَلَمَّا رُجِمَ
فَوَجَدَ مَسَّ الِحِجَارَةِ فَجَزِءَ فَخَرَبَ يَشْتَدُّ فَلَقِيَّهُ عَبْدُ اللَّهِ بْنُّ أُنَيْسٍ وَقَدُ عَجَزَ أَصْحَابُهُ فَنَزَءَ لَه پِوَظِيفٍ بَعِيٍُّ
فَرَمَاهُ بِهِ فَقَتَلَهُ ثُمَّ أَ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَذَکَرَ ذلِكَ لَه فَقَالَ مَلَاتَرَ كُتُمُوهُ لَعَلَّه آَنْ يَتُوب
فَيَتُوبَ اللهُ عَلَيهِ-(رواه ابوداود)
3581. Sayyiduna Yazid ibn Nu'ayun ibn Hazzaal us à », reported from his father
(Nu'aym ibn Hazzal) رضى الله عنه who narrated: Ma'iz ibn Maalik رضى الله عنه was an orphan
under my father's (Hazzal's) s àn +, care. He had sexual intercourse with a female
slave of the neighbourhood my Father instructed him to go and tell Allah's
Messenger صلى الله عليه وسلم what he had done. "Perhaps he might seek forgiveness for
you." His intention in that was merely a hope that It might be a means of escape for
him. (My father had no intention to get him punished.) Thus, he came to him and
submitted. "O Messenger of Allah, I have committed fornication. Enforce on me the
punishment prescribed by Allah.' He turned away from him, but he came back and
repeated. "O Messenger of Allah, I have committed fornication. Do enforce the
punishment prescribed by Allah on me." He said this four times (in four positions)
after which Allah's Messenger صلى الله عليه وسلم said, "You have said this four times,
indeed (and this confirms your crime). With whom did you have the intercourse .? "
He named the woman and he asked, "Did you lie wit h her?" He said, "Yes." He
asked, "Did you touch your body with hers .? " He said, "Yes," Then, he asked, "Did
you have sexual intercourse with her?" He said, "Yes."
Then he gave order about him that he should be stoned to death. So, he was taken
to Harrah. (when he was stoned) he felt the pain caused by the stones and (become
panicky and) could not endure it, so he ran away quickly. On the way, he met
Abdullah ibn Unays usd +, while those who had been stoning him (almost gave up
and) could not overtake him. So, Abdullah hurled the bone of the foreleg of a camel
at him. He hit him (on target) and killed him. Then he came to the Prophet la .
, and mentioned that to him. But, he said, "Why did you not spare him? He might
have (retracted from his confession or) repented and Allah would have relented to
him (and forgiven him)."1
COMMENTARY: Ibn Hammam points out that he place he was taken to it Harrah while
Bukhari names it as Musalla and Muslim and Abu Dawud name it, in one version, as Baqi
Gharqad. Now, Musalla, as we said previously, is the place of funeral salah (prayer). It was
in Baqi Gharqad. Tirmidhi Names it as Harrah as in this version of Abu Dawud. We might
say that when he ran away on feeling the plain of toning, he was caught up at Harrah. Or,
we might suppose that musalla was around Harrah. So, the narrators took either of the
names. This reconciles the ahadith.
WHEN ADULTERY SPREADS, FAMINE TOO SPREADS
(٣٥٨٢) وَعَنْ عَمْرٍو بُنِ الْعَاصِ قَالَ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَقُوُلُ مَا مِنْ قَوْمٍ يَظْهَرُ فِيُهِمُ
1 Abu Dawud # 4419.

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الزِّنَا إِلَّا أُخِذُوْا بِالسَّنَّةِ وَمَا مِنْ قَوْمٍ يَظْهَرُ فِيْهِمُ الرُّشَا إِلَّا أُخِذُوْا بِالرُّعُبِ - (رواه احمد)
3582. Sayyiduna Amr ibn Aas wca+, narrated that he heard Allah's Messenger a.
duy the say, "When fornication spreads among a people, famine befalls them and
when bribery becomes common among a people, terror grips them."1
COMMENTARY: Bribery is a payment or inducment to someone to get him to act in one's
favour. Some people qualify it with the addition: 'the favour is not worth that much payment
as would normally call for wages over it.' It could ask for a recommendation to an authority.
This means that if payment to anyone is commensurate with labour put in to get the thing
done, then it is not bribery.
So, too, if anything is paid without a precondition then it is not bribery.
Bribery is a social evil and a sin in Shariah. It also is a Moral injustice. It will be punished in
the hereafter, but even in this world it is punished in different ways. The hadith says, for
instance, that its inauspicious nature effects all people and makes them cowards and they
are overawed by other people and they fear their own. The corrupt who takes bribe sells
his conscience and his faith. The result is that his energy, boldness and strength sap. Unlike
one who cannot be bribed and because of that commands obedience of his subordinates,
the man who takes bribe is afraid of everyone and is unable to discharge his duties
honestly and is cowed down easily by other men.
Therefore, when rulers also become corrupt and can be bribed then the government is
shaky. Lawlessness prevails. The subjects are not happy and face innumerable problems.
· HOMOSEXUALITY IS A CURSE
(٣٥٨٣ -٣٥٨٤) وَعَنِ ابْنِ عَبَّاسٍ وَآَتٍ مُرَيْرَةَ آَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ مَلْعُوُثْب مَنْ عَمِلَ
عَمَلَ قَوْمِ لُوْطِ - رَوَاهُ رَزِئِنْ وَفِ رِوَايَةٍ لَهُ عَنِ ابْنِ عَبَّاسِ آَّ عَلِيًّا آَخْرَ قَهُمَا وَآَبَابَكُرٍ هَدَمَ عَلَيْهِمَا حَائِظًا.
3583. Sayyiduna Ibn Abbas رضى الله عنه and Sayyiduna Abu Hurayrah رضى الله عنه narrated
that Allah's Messenger صلى الله عليه وسلم said, "He who does what the people of (Prophet)
Lu't (X Jule practiced is accursed."2
3584. And Ibn Abbas رضى الله عنه narrated that Ali رضى الله عنه had both the doer and the one
who had it done burned, and Abu Bakr usd +, had a wall demolished on both of
them (the active and the passive partner).3
COMMENTARY: The Jami Saghir has a version transmitted by Imam Ahmad ales, from
Hasan رحمه الله as narrated by Ibn Abbas رضى الله عنه. It says:
"Accursed is he who denounces his own mother. Accursed is he who slaughters an
animal calling a name other than Allah's. Accursed is he who alters the frontiers of an
Islamic territory. Accursed is he who misguides a blind man. Accursed is he who
commits an unnatural act with an animal. And accursed is he who does what the
people lu't عليه السلام did."
(٣٥٨٥) وَعَنِ ابْنِ عَبَّاسٍ آَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا يَنْظُرُ اللهُ عَزَّ وَجَلَّ إلى رَجُلٍ آَتّى رَجُلًا
1 Musnad Ahmad 4. 205
2 Razin.
3 Razin.

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آوْ إِمْرَ أَةَّ فِعْ دُبُرِهَا - رَوَاءُ التِّزْمِذِىُّ وَقَالَ هُذَا حَدِيُثْ حَسَنْ غَرِئْبْ.
3585. Sayyiduna Ibn Abbas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"Allah Mighty and Glorious, will not look with mercy at a man who (commits an
unnatural act and) has intercourse with a man or a woman through their anus."1
HADD (PRESCRIBED PUNISHMENT) IS NOT IMPOSED ON ONE WHO HAS
INTERCOURSE WITH ANIMALS
(٣٥٨٦) وَعَنَّهُ أَنَّهُ قَالَ مَنْ آَتَى بَهِيْمَةً فَلَاحَدَ عَلَيْهِ رَوَاهُ التِّرْمِذِىُّ وَأَبُوْدَاؤدَ وَقَالَ التِّزْمِذِىُّ عَنْ سُفْيَاكَ
التَّوْرِى أَنَّهُ قَالَ وَهذَا أَصَحُّ مِنَ الْحَدِيْثِ الَّاوَلِ وَهُوَ مَنْ آَتّى تَهِيْمَةٌ فَاقْتُلُؤُهُ وَالْعَمَلُ عَلَى هَذَا عِنْدَ أَهْلِ الْعِلْمِـ
3586. Ibn Abbas us à », is reported to have narrated the hadith in a marfu form:
"He who has intercourse with an animal is not given the prescribed punishment.
Tirmidhi cited Sufyan Thawri as saying that this hadith is more sahih than the
previous (# 3576): 'If anyone has intercourse with an animal, kill him and kill the
animal.' The ulama (Scholars) abide by this (but he is given a discretionary
punishment).2
COMMENTARY: This hadith is not the personal opinion of Ibn Abbas a+, but these are
the Prophet صلى الله عليه وسلم's words. It was not so then Sufyan Thawri رحمه الله would not have
compared it as better than the previous hadith.
DO NOT BE PARTIAL IN IMPOSING THE HADD (PRESCRIBED PUNISHMENT)
(٣٥٨٧) وَعَنْ عُبَادَةً بْنِ الشَّامِتِ قَالَ قَالَ تَسُولُ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ أَقِيْبُوْا حُدُوْدَ اللُّهِفِى الْقَرِئْبِ
وَالْبَعِيْدِ وَلَّا تَأْخُذُكُمْ فِ اللَّهِ لَوْمَةُ لَائِچٍ - (رواه ابن ماجة)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Ubadah ibn Samit .3587
, said, "Impose the prescribed punishments (hudud) of Allah on these who are
near as also on those who are distant. And, let not anyone's reproach hinder you in
executing the commands of Allah.3
COMMENTARY: 'The near ones, and the distant ones refers to the relatives. The
punishment must be imposed on the culprit whether he is a close relative or a distant
acquaintance.
It could also mean that the hadd (prescribed punishment) must be imposed whether it is easy
or difficults. In this case the words near and distant are used in this sense of ease and
difficulty, or on the weak and the strong, equally.
In short hadd (prescribed punishment) must be imposed on every culprit: rich or poor king or
subject, strong or weak, relatives or stranger.
LONG TERM BENEFITS OF ENFORCING THE HADD (PRESCRIBED PUNISHMENT)
(٣٥٨٨-٣٥٨٩) وَعَنِ ابْنِ عُمَرَ آَكَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ إِقَامَةُ حَدٍ مِنْ حُدُوْدِ اللَّهِ خَيْرٌ مِنُ
1 Timidhi # 1165, Musnad Ahmad 2-344.
2 Tirmidhi # 1455 (1460). Abu Dawud # 4425.
3 Ibn Majah # 2540, Musnad Ahmad 5-330.

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تَّطَرِ آَرْبَعِيْنَ لَيْلَةً فِي بِلَادِ اللَّهِ رَوَاهُ بنُ مَاجَةً وَرَوَاهُ النِّسَائِى عَنْ آَيْ هُرَیْرَةَ۔
3588. Sayyiduna Ibn Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"To enforce one of the (many) prescribed punishment (hudud) of Allah is better
than having rain fall for forty nights in the lands of Allah."1
3589. Sayyiduna Abu Hurayrah «sal », also narrated this hadith.2
COMMENTARY: To enforce the hadd (prescribed punishment) is to prevent people from
sin and disobedience. It is a means to the gates of heaven being opened for the descent
of blessings.
In contrast, to forgive the hadd (prescribed punishment) or prescribed punishment, or to
be lazy in imposing it is like giving an opportunity to the people to commit Sin and
disobediences. When too many sins are committed, people are subjected to famine and
mankind and other creatures comes on the verge of destruction. Indeed, it is said that
the Hubari (bustard) dies because of the sins of the children of Aadam >Jule after
becoming emaciated.
Generally man falls into evil ways. Then there is a strong tendency to commit sin. When
this happens, Allah withholds rain and draught takes in its wake not only mankind but
birds and animals. They are deprived of sustenance and die.
Bustard is named here specifically because it flies to distant places to find food.
CHAPTER - II
AMPUTATING THE THIEF
بَابُ قَطْعِ الشّرِقَةِ
Teebi رحمه الله said that the caption (باب قطع السرقة) should be (باب اهل السرقة) the word (امل) being
understood. As it stands, it means 'amputation for theft' but when the word (Ja1) (people) is
inserted, the caption would read 'Amputating the thief,' or 'Serving the hand of the thief.'
THE WORD SARIQAH (%): This words means theft. In Shariah, it is the taking away by
a sane, adult Muslim of some or all of a preserved property in a secret manner without
permission in which he has no ownership or claim to ownership. He takes it away from
such a place to which no one else has access, and which is protected, guarded or not
guarded. (Muhriz) See Hidayeh.VI p 416 folly for Hirz.
CLAIM TO OWNERSHIP: It means that the ownership is not certain and there is some
doubt about it.
PUNISHMENT AND MINIMUM AMOUNT OF THEFT: The jurists differ on what is the
minimum amount of theft on which a thief's hand should be severed.
Imam Abu Hanifah ates, says that it is a minimum of ten dirhams. There is no amputation
on stealing anything of a lesser value.
Imam Shafi'I alu, says that the minimum on which a hand should severed is one-fourth
dinar of gold or three dirhams of silver or any other thing of equivalent value. He cites the
ahadith that mention that a hand was cut off on stealing one-fourth dinar. That was equal
to three dirhams at that time and one dinar was worth twelve dirhams.
1 Ibn Majah # 2537.
2 Nasaii # 4905.

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Imam Abu Hanifah رحمه الله cites the Prophet صلى اللهعليه وسلم saying:
لَاقَطَعَ إِلََّ فِيْ دِيْنَارٍ آوْ عَشَرَةِ دَرَاهِمْ
"Hand is not cut off except for a value of one dinar or ten dirham."
According to Hidayah, it is better to act on the higher value than on the lower because it is
the question of severing a human limb and in the lesser value there is likelihood of lack of
jinayah (offences).
WHY THE DISAGREEMENT: The jurists differ on this issue because in the time of the
رحمه الله a hand was amputated for stealing a shield. Hence, Imam Shafi'T صلى الله عليه وسلم Prophet
says that the price of a shield at that time was three dirhams while the Hanafis put it at ten
dirhams and this is as reported by Ibn Abu Shaybah altas, from Abdullah ibn Amr ibn al-
Aas als. The same value of ten dirhams is mentioned in Kafi of the value of the shield
1. صلى اللهعليه وسلم stolen in the time of the Prophet
SECTION I
الفضل الآول
IMAM SHAFI'I UPHELD
(٣٥٩٠) عَنْ عَائِشَةً عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا تُقْطَهُ يَدُ الشَّارِقِ الََّّبِرُ بُع ◌ِيْنَارٍ فَصَاعِدًا - (متفق عليه)
3590. Sayyiduna Ayshah رضى الله عنها narrated That the Prophet صلى اللهعليه وسلم said, "Do not cut
· off the hand of a thief unless (it is) for (the worth of) one-fourth of dinar and more."2
COMMENTARY: Imam Shafi'I cities this hadith to support his contention.
Mulla Ali Qari à , has examined this hadith in great detail in his book and has
established that the point of view of the Hanafis is sound.
DIFFERING VALUATIONS OF THE SHIELD
(٣٥٩١) وَعَنِ بْنِ عُمَرَ قَالَ قَطَعَ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَكَسَارِ تٍ فِي مِجَنٍّ ثَمَنُهُ ثَلَاثَةُ دَرَاهِمَ - (متفق عليه)
3591. Sayyiduna Ibn Umar رضى الله عنه narrated that the Prophet صلى اللهعليه وسلم had a thief's
(right) hand cut off for (stealing) a shield worth three dirhams.3
COMMENTARY: Shamni ate, said that this hadith contradicts the hadith transmitted by
Ibn Abu Shaybah from Abdullah ibn Amr ibn Aas us a +, who has given the value of the
shield as ten dirhams. The same thing is reported from Ibn Abbas « a », and Amr ibn
Shu'ayb. Also, Ibn Hummam ales, reported the same thing from Ibn Umar usano, and Ibn
Abbas à+). This is what Ayni ale, has written in the marginal notes of Hidayah. It is on
this that the Hanafi contention is based that the punishment of cutting off the hand of a
thief may be enforced on him who has stolen what is worth at least ten dirhams. No
punishment will be awarded to one who has stolen property worth less than that.
As for the hadith of Ibn Umar usan +, in which he has said that the shield was worth three
dirhams Shaykh Abdul Haq ales, and Mulla Ali Qari alus, have spoken at length in their
1 See also The Hidayah, VI pp 405 to 440, English Translation (Dar ul- Isha'at, Karachi).
2 Bukhari # 6789, Muslim # 2-1684, Tirmidhi # 1445 (1450), Abu Dawud # 4383, Nasai'I # 4928, Ibn
Majah # 2585, Musnad Ahmad 6-104.
3 Bukhari # 6798, Muslim # 6-1686, Tirmidhi # 1446 (1451) Abu Dawud # 4385, Ibn Majah # 2584.
(See notes in Tirmidhi).

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598
commentaries on this subject. Scholars may study their books.
ANOTHER HADITH WITH OTHER MESSAGE
(٣٥٩٢) وَغَنِّ ابٍ مُرَيْرَةَ عَنِ الَِّّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَعَنَّ اللَّهُ الشَّارِقَ يَسْرِقُ الْبَيْضَّةَ فَتُقُطَهُ يَدُهُ
وَيَسْرِقُ الْحُبُلَ فَتُقْطَهُ يَدُه- (متفق عليه)
3592. Sayyiduna Abu Hurayrah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said,
"May Allah's curse be on the thief who steals an egg and his hand is cut off and
who steals a rope and his hand is cut off."1
COMMENTARY: Imam Nawawi al >, said that it is clear from this hadith that it is
permitted to call a curse on the sinners in general without specifying any. This is as in
Allah's words
الََّ لَعْنَكُ اللهِ عَلَى الظَّالِمِيْنَ
{Behold! The curse of Allah Shall be upon the evil-doers} (11: 18)
However, it is not allowed to name a person and curse him.
This hadith is evidence that cutting off the hand in punishment for stealing less than one
fourth dinar or three dirhams is allowed. However, none of the four imams contends that
punishment of cutting off hands is enforced when the worth of the stolen property is less
than one-fourth dinar or three dirhams. They explain the hadith that the word (way) (in the
hadith) translated egg could mean a 'a helmet' worn by the warriors on their head, and the
word rope (J .- ) could be the sailor's rope fastened on boats and which is very costly.
Some scholars maintain that in early Islam, the punishment of amputating a hand was
awarded for stealing eggs and ropes, but it was revoked later.
Some other scholars say that the thief of these little things becomes hardened gradually. He
begins to steal castlier things and turns liable to receive the punishment of cutting off hands.
SECTION II
الفضلُ الثَّانِى
STEALING FRUIT, ETC & CUTTING OFF HAND
(٣٥٩٣) عَنْ رَافِعْ بُنِ خَدِيْجٍ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَاقَطْعَ فِ ثَمَرٍ وَلَّا كَثَرٍ- (رواه مالك
والترمذى وابوداود والنسائى والدارمى وابن ماجة)
3593. Sayyiduna Rafi' ibn Khadij رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said,
"The punishment of cutting off hand is not awarded for stealing fruit and the
spadix of a palm tree.2
COMMENTARY: Imam Abu Hanifah att, says that hand is not cut off for stealing fresh fruit,
whether it is protected or not, in custody or not. The same applies to dried fruit on the trees and
the cultivation and harvest that has not been reaped. Those things that are perishable and have
a short life like meat, milk, etc. are subjected to anology on the same basis.
However, others apart from Imam Abu Hanifah als, have ruled that punishment is wajib
1 Bukhari # 6799, Muslim # 7-1687, Nasai'I # 4873, Ibn Majah # 2583, Musnad Ahmad 2-253.
2 Tirmidhi # 1449 (1454), Abu Dawud # 4388, Nasai # 4960, Ibn Majah # 2593, Darimi # 2304,
Muwatta Maalik # 32 (Hudud), Musnad Ahmad 3-463, Nasai Kubra # 7460.

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(obligatory) on stealing any of these things, and hand of the thief will be cut off. Imam
Maalik als, and Imam Shafi'I ales, are among them.
Imam Abu Hanifah als, also said that hand will not be cut off on stealing very ordinary
things and very insignificant and which are permitted to everyone in an Islamic state.
Examples are hay, grass, wood, reed, fish, bird, sulphurate of arsenic, lime, etc.
(٣٥٩٤) وَعَنْ عَمُرٍو بُنِ شُعَيْبٍ عَنْ أَبِّهِ عَنْ جَدِّهِ عَبْدِ اللَّهِ بْنِ عَمْرٍو بْنِ الْعَاصِ عَنْ تَّسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ
وَسَلَّمَ أَنَّهُ سُئِلَ عَنِ القَّمَرِ الْمُعَلَّقِ قَالَ مَنْ سَرَقَ مِنْهُ شَيْئًا بَعْدَ أَنْ يُؤْوِيَّةُ الْجَرِئِنُ قَبَلَغَ ثَّمَنَ الْمِجَنِّ فَعَلَيْهِ
الْقَطُ۔(رواهابوداؤد والنسائى)
3594. Sayyiduna Amr ibn Shuayb narrated from his father from his grandfather
Abdullah ibn Amr ibn Aas رضى الله عنه that Allah's Messenger صلى الله عليه وسلم was asked
about fruit that is hung (on trees). He said, "If anyone steals some of them after they
are plucked and stored in a place to dry and the value as much as a shield is worth,
then his hand will be cut off.1
COMMENTARY: The hands are not amputated on stealing the fruit from the trees because
they are not protected or in custody. But, once they are taken down and put together in
place to dry, stealing them will make the thief liable to have his hand cut off because in
this case they are protected. Except for Imam Abu Hanifah a>>, the majority of the ulama
(Scholars) go by this hadith, because he says that until the fruit dries, hands will not be cut
off on stealing it, whether it is protected or not.
As for this hadith, the Hanafis says that 'storing them to dry' refers to stealing after fruit
has dried. This was a custom observed by the Arabs. The Hanafis also agree that the
punishment of cutting off hand is awarded to one who steals fruit collected after having
been dried, but punishment of cutting off hand is not awarded if fruit has not dried
whether it is on the tree or plucked and collected together at one place. It is as about fresh
fruit in the previous hadith.
This hadith not only contradicts the previous hadith but also runs different from. the
Prophet's صلى اللهعليه وسلم words
وَلَّا قَطَعَ فِى الطَّعَامِ
(There is no cutting off hands for stealing food).
It is necessary in awarding the hadd (prescribed punishment) to be careful as for as possible and
to be lenient in all respects. Every avenue should be explored to see that the hadd (prescribed
punishment) is enforced as little as possible. Hence, in the event of contradiction in ahadith
that hadith will be abided by whose meaning in respect of stealing of fruit is absolute.
In this case, two scholars may refer to mirqat of Mulla Ali Qari for an exhaustive treatment
of this subject.
UNOWNED MOUNTAINOUS ANIMALS
(٣٥٩٥) وَعَنْ عَبْدِ اللَّهِ بْنِ عَبْدِ الرَّحْمُنِ بْنِ آَبِيْ حُسَيْنِ الْمَكِّنِ آَكَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا قَطْعَ
فِيْ ثَمَرٍ مُعَلَّقٍ وَلَّا فِي حَرِيْسَةٍ جَبَلٍ فَإِذَا أَوَاهُ المُرَاءُ وَالُجْرِيْنُ فَالْقَطْعُ فِيْمَا بَلَغَ ثَّمَنَ الْمِجَنِّ-(رواه مالك)
1 Abu Dawud # 1710, Nasa'I # 4957, Tirmidhi (similar) # 1289 (1293), Musnad Ahmad 2-207.