Partial Translation
of Sunan Abu-Dawud:
Prescribed Punishments (Kitab Al-Hudud)
Book 38, Number 4339:
Narrated Aisha, Ummul Mu'minin:
The Apostle of Allah (peace_be_upon_him) Said: The
blood of a Muslim man who testifies that there is no god
but Allah and that Muhammad is Allah's Apostle should
not lawfully be shed except only for one of three
reasons: a man who committed fornication after marriage,
in which case he should be stoned; one who goes forth to
fight with Allah and His Apostle, in which case he
should be killed or crucified or exiled from the land;
or one who commits murder for which he is killed.
Book 38, Number 4341:
Narrated Mu'adh ibn Jabal:
AbuMusa said: Mu'adh came to me when I was in the
Yemen. A man who was Jew embraced Islam and then
retreated from Islam. When Mu'adh came, he said: I will
not come down from my mount until he is killed. He was
then killed. One of them said: He was asked to repent
before that.
Book 38, Number 4345:
Narrated Abdullah ibn Abbas:
Abdullah ibn AbuSarh used to write (the revelation)
for the Apostle of Allah (peace_be_upon_him). Satan made
him slip, and he joined the infidels. The Apostle of
Allah (peace_be_upon_him) commanded to kill him on the
day of Conquest (of Mecca). Uthman ibn Affan sought
protection for him. The Apostle of Allah
(peace_be_upon_him) gave him protection.
Book 38, Number 4346:
Narrated Sa'd ibn AbuWaqqas:
On the day of the conquest of Mecca, Abdullah ibn
Sa'd ibn AbuSarh hid himself with Uthman ibn Affan.
He brought him and made him stand before the Prophet
(peace_be_upon_him), and said: Accept the allegiance of
Abdullah, Apostle of Allah! He raised his head and
looked at him three times, refusing him each time, but
accepted his allegiance after the third time.
Then turning to his companions, he said: Was not
there a wise man among you who would stand up to him
when he saw that I had withheld my hand from accepting
his allegiance, and kill him?
They said: We did not know what you had in your
heart, Apostle of Allah! Why did you not give us a
signal with your eye?
He said: It is not advisable for a Prophet to play
deceptive tricks with the eyes.
Book 38, Number 4348:
Narrated Abdullah Ibn Abbas:
A blind man had a slave-mother who used to abuse the
Prophet (peace_be_upon_him) and disparage him. He
forbade her but she did not stop. He rebuked her but she
did not give up her habit. One night she began to
slander the Prophet (peace_be_upon_him) and abuse him.
So he took a dagger, placed it on her belly, pressed it,
and killed her. A child who came between her legs was
smeared with the blood that was there. When the morning
came, the Prophet (peace_be_upon_him) was informed about
it.
He assembled the people and said: I adjure by Allah
the man who has done this action and I adjure him by my
right to him that he should stand up. Jumping over the
necks of the people and trembling the man stood up.
He sat before the Prophet (peace_be_upon_him) and
said: Apostle of Allah! I am her master; she used to
abuse you and disparage you. I forbade her, but she did
not stop, and I rebuked her, but she did not abandon her
habit. I have two sons like pearls from her, and she was
my companion. Last night she began to abuse and
disparage you. So I took a dagger, put it on her belly
and pressed it till I killed her.
Thereupon the Prophet (peace_be_upon_him) said: Oh be
witness, no retaliation is payable for her blood.
Book 38, Number 4349:
Narrated Ali ibn AbuTalib:
A Jewess used to abuse the Prophet
(peace_be_upon_him) and disparage him. A man strangled
her till she died. The Apostle of Allah
(peace_be_upon_him) declared that no recompense was
payable for her blood.
Book 38, Number 4350:
Narrated AbuBakr:
AbuBarzah said: I was with AbuBakr. He became angry
at a man and uttered hot words. I said: Do you permit
me, Caliph of the Apostle of Allah (peace_be_upon_him),
that I cut off his neck? These words of mine removed his
anger; he stood and went in. He then sent for me and
said: What did you say just now? I said: (I had said:)
Permit me that I cut off his neck. He said: Would you do
it if I ordered you? I said: Yes. He said: No, I swear
by Allah, this is not allowed for any man after Muhammad
(peace_be_upon_him).
Book 38, Number 4356:
Narrated Abdullah ibn Umar:
Some people raided the camels of the Prophet
(peace_be_upon_him), drove them off, and apostatised.
They killed the herdsman of the Apostle of Allah
(peace_be_upon_him) who was a believer. He (the Prophet)
sent (people) in pursuit of them and they were caught.
He had their hands and feet cut off, and their eyes put
out. The verse regarding fighting against Allah and His
Prophet (peace_be_upon_him) was then revealed. These
were the people about whom Anas ibn Malik informed
al-Hajjaj when he asked him.
Book 38, Number 4357:
Narrated AbuzZinad:
When the Apostle of Allah (peace_be_upon_him) cut off
(the hands and feet of) those who had stolen his camels
and he had their eyes put out by fire (heated nails),
Allah reprimanded him on that (action), and Allah, the
Exalted, revealed: "The punishment of those who wage war
against Allah and His Apostle and strive with might and
main for mischief through the land is execution or
crucifixion."
Book 38, Number 4359:
Narrated Abdullah ibn Abbas:
The verse "The punishment of those who wage war
against Allah and His Apostle, and strive with might and
main for mischief through the land is execution, or
crucifixion, or the cutting off of hands and feet from
opposite side or exile from the land...most merciful"
was revealed about polytheists. If any of them repents
before they are arrested, it does not prevent from
inflicting on him the prescribed punishment which he
deserves.
Book 38, Number 4362:
Narrated Aisha, Ummul Mu'minin:
The Apostle of Allah (peace_be_upon_him) Said:
Forgive the people of good qualities their slips, but
not faults to which prescribed penalties apply.
Book 38, Number 4363:
Narrated Abdullah ibn Amr ibn al-'As:
The Prophet (peace_be_upon_him) said: Forgive the
infliction of prescribed penalties among yourselves, for
any prescribed penalty of which I hear must be carried
out.
Book 38, Number 4364:
Narrated Nu'aym:
Ma'iz came to the Prophet (peace_be_upon_him) and
admitted (having committed adultery) four times in his
presence so he ordered him to be stoned to death, but
said to Huzzal: If you had covered him with your
garment, it would have been better for you.
Book 38, Number 4366:
Narrated Wa'il ibn Hujr:
When a woman went out in the time of the Prophet
(peace_be_upon_him) for prayer, a man attacked her and
overpowered (raped) her.
She shouted and he went off, and when a man came by,
she said: That (man) did such and such to me. And when a
company of the Emigrants came by, she said: That man did
such and such to me. They went and seized the man whom
they thought had had intercourse with her and brought
him to her.
She said: Yes, this is he. Then they brought him to
the Apostle of Allah (peace_be_upon_him).
When he (the Prophet) was about to pass sentence, the
man who (actually) had assaulted her stood up and said:
Apostle of Allah, I am the man who did it to her.
He (the Prophet) said to her: Go away, for Allah has
forgiven you. But he told the man some good words
(AbuDawud said: meaning the man who was seized), and of
the man who had had intercourse with her, he said: Stone
him to death.
He also said: He has repented to such an extent that
if the people of Medina had repented similarly, it would
have been accepted from them.
Book 38, Number 4367:
Narrated AbuUmayyah al-Makhzumi:
A thief who had accepted (having committed theft) was
brought to the Prophet (peace_be_upon_him), but no good
were found with him. The Apostle of Allah
(peace_be_upon_him), said to him: I do not think you
have stolen. He said: Yes, I have. He repeated it twice
or thrice. So he gave orders. His hand was cut off and
he was then brought to him. He said: Ask Allah's pardon
and turn to Him in repentance. He said: I ask Allah's
pardon and turn to Him in repentance. He (the Prophet)
then said: O Allah, accept his repentance.
Book 38, Number 4369:
Narrated An-Nu'man ibn Bashir:
Azhar ibn Abdullah al-Harari said: Some goods of the
people of Kila' were stolen. They accused some men of
the weavers (of theft). They came to an-Nu'man ibn
Bashir, the companion of the Prophet
(peace_be_upon_him). He confined them for some days and
then set them free.
They came to an-Nu'man and said: You have set them
free without beating and investigation. An-Nu'man said:
What do you want? You want me to beat them. If your
goods are found with them, then it is all right;
otherwise, I shall take (retaliation) from your back as
I have taken from their backs. They asked: Is this your
decision? He said: This is the decision of Allah and His
Apostle (peace_be_upon_him).
Book 38, Number 4373:
Narrated Abdullah ibn Umar:
The Prophet (peace_be_upon_him) had a man's hand cut
off who had stolen from the place reserved for women a
shield whose price was three dirhams.
Book 38, Number 4374:
Narrated Abdullah ibn Abbas:
The Apostle of Allah (peace_be_upon_him) had a man's
hand cut off for (stealing) a shield whose price was a
dinar or ten dirhams.
Book 38, Number 4375:
Narrated Rafi' ibn Khadij:
Muhammad ibn Yahya ibn Hibban said: A slave stole a
plant of a palm-tree from the orchard of a man and
planted it in the orchard of his master. The owner of
the plant went out in search of the plant and he found
it. He solicited help against the slave from Marwan ibn
al-Hakam who was the Governor of Medina at that time.
Marwan confined the slave and intended to cut off his
hand. The slave's master went to Rafi' ibn Khadij and
asked him about it.
He told him that he had heard the Apostle of Allah
(peace_be_upon_him) say: The hand is not to be cut off
for taking fruit or the pith of the palm-tree.
The man then said: Marwan has seized my slave and
wants to cut off his hand. I wish you to go with me to
him and tell him that which you have heard from the
Apostle of Allah (peace_be_upon_him). So Rafi' ibn
Khadij went with him and came to Marwan ibn al-Hakam.
Rafi' said to him: I heard the Apostle of Allah
(peace_be_upon_him) say: The hand is not to be cut off
for taking fruit or the pith of the palm-tree. So Marwan
gave orders to release the slave and then he was
released.
Book 38, Number 4377:
Narrated Abdullah ibn Amr ibn al-'As:
The Apostle of Allah (peace_be_upon_him) was asked
about fruit which was bung up and said: If a needy
person takes some with his mouth and does not take a
supply away in his garment, there is nothing on him, but
he who carries any of it is to be fined twice the value
and punished, and he who steals any of it after it has
been put in the place where dates are dried to have his
hand cut off if their value reaches the value of a
shield. If he steals a thing less in value than it, he
is to be find twice the value and punished.
Book 38, Number 4378:
Narrated Jabir ibn Abdullah:
The Prophet (peace_be_upon_him) said: Cutting of hand
is not to be inflicted on one who plunders, but he who
plunders conspicuously does not belong to us.
Book 38, Number 4380:
Narrated Safwan:
AbuDawud said: Za'idah has also transmitted it from
Simak from Ju'ayd ibn Hujayr. He said: Safwan slept.
Mujahid and Tawus said: While he was sleeping a thief
came and stole the cloak from beneath his head. The
version of AbuSalamah ibn AbdurRahman has: He snatched
it away from beneath his head and he awoke. He cried and
he (the thief) was seized. Az-Zuhri narrated from Safwan
ibn Abdullah. His version has: He slept in the mosque
and used his cloak as pillow. A thief came and took his
cloak. The thief was seized and brought to the Prophet
(peace_be_upon_him).
Book 38, Number 4382:
Narrated Aisha, Ummul Mu'minin:
A woman borrowed jewellery through some known persons
and she herself was unknown. She then sold them. She was
seized and brought to the Prophet (peace_be_upon_him).
He gave orders that her hand should be cut off. It is
this woman about whom Usamah interceded and of her the
Apostle of Allah (peace_be_upon_him) said whatever he
said.
Book 38, Number 4384:
Narrated Aisha, Ummul Mu'minin:
The Apostle of Allah (peace_be_upon_him) said: There
are three (persons) whose actions are not recorded: a
sleeper till he awakes, an idiot till he is restored to
reason, and a boy till he reaches puberty.
Book 38, Number 4385:
Narrated Ali ibn AbuTalib:
Ibn Abbas said: A lunatic woman who had committed
adultery was brought to Umar. He consulted the people
and ordered that she should be stoned.
Ali ibn AbuTalib passed by and said: What is the
matter with this (woman)? They said: This is a lunatic
woman belonging to a certain family. She has committed
adultery. Umar has given orders that she should be
stoned.
He said: Take her back. He then came to him and said:
Commander of the Faithful, do you not know that there
are three people whose actions are not recorded: a
lunatic till he is restored to reason, a sleeper till he
awakes, and a boy till he reaches puberty?
He said: Yes. He then asked: Why is it that this
woman is being stoned?
He said: There is nothing. He then said: Let her go.
He (Umar) let her go and began to utter: Allah is most
great.
Book 38, Number 4387:
Narrated Ali ibn AbuTalib:
Ibn Abbas said: A lunatic woman passed by Ali ibn
AbuTalib. He then mentioned the rest of the tradition to
the same effect as Uthman mentioned. This version has:
Do you not remember that the Apostle of Allah
(peace_be_upon_him) has said: There are three whose
actions are not recorded: a lunatic whose mind is
deranged till he is restored to consciousness, a sleeper
till he awakes, and a boy till he reaches puberty?
Book 38, Number 4388:
Narrated Ali ibn AbuTalib:
AbuZubyan said: A woman who had committed adultery
was brought to Umar. He gave orders that she should be
stoned.
Ali passed by just then. He seized her and let her
go. Umar was informed of it. He said: Ask Ali to come to
me. Ali came to him and said: Commander of the Faithful,
you know that the Apostle of Allah (peace_be_upon_him)
said: There are three (people) whose actions are not
recorded: A boy till he reaches puberty, a sleeper till
he awakes, a lunatic till he is restored to reason. This
is an idiot (mad) woman belonging to the family of so
and so. Someone might have done this action with her
when she suffered the fit of lunacy.
Umar said: I do not know. Ali said: I do not know.
Book 38, Number 4389:
Narrated Ali ibn AbuTalib:
The Prophet (peace_be_upon_him) said: There are three
(persons) whose actions are not recorded: a sleeper till
he awakes, a boy till he reaches puberty, and a lunatic
till he comes to reason.
Book 38, Number 4390:
Narrated Atiyyah al-Qurazi:
I was among the captives of Banu Qurayzah. They (the
Companions) examined us, and those who had begun to grow
hair (pubes) were killed, and those who had not were not
killed. I was among those who had not grown hair.
Book 38, Number 4394:
Narrated Busr ibn Artat:
Junadah ibn AbuUmayyah said: We were with Busr ibn
Artat on the sea (on an expedition). A thief called
Misdar who had stolen a bukhti she-camel was brought. He
said: I heard the Apostle of Allah (peace_be_upon_him)
say: Hands are not to be cut off during a warlike
expedition. Had it not been so, I would have cut it off.
Book 38, Number 4395:
Narrated AbuDharr:
The Apostle of Allah (peace_be_upon_him) said to me:
O AbuDharr: I replied: At your service and at your
pleasure, Apostle of Allah! He said: how will you do
when death smites people, and a house, meaning a grave,
will cost as much as a slave. I said: Allah and His
Apostle know best, or he said: What Allah and His
Apostle choose for me. He said: Show endurance, or he
said: You may show endurance.
Book 38, Number 4396:
Narrated Jabir ibn Abdullah:
A thief was brought to the Prophet
(peace_be_upon_him). He said: Kill him. The people said:
He has committed theft, Apostle of Allah! Then he said:
Cut off his hand. So his (right) hand was cut off. He
was brought a second time and he said: Kill him. The
people said: He has committed theft, Apostle of Allah!
Then he said: Cut off his foot.
So his (left) foot was cut off.
He was brought a third time and he said: Kill him.
The people said: He has committed theft, Apostle of
Allah!
So he said: Cut off his hand. (So his (left) hand was
cut off.)
He was brought a fourth time and he said: Kill him.
The people said: He has committed theft, Apostle of
Allah!
So he said: Cut off his foot. So his (right) foot was
cut off.
He was brought a fifth time and he said: Kill him.
So we took him away and killed him. We then dragged
him and cast him into a well and threw stones over him.
Book 38, Number 4397:
Narrated Fadalah ibn Ubayd:
A thief was brought to the Apostle of Allah
(peace_be_upon_him) and his hand was cut off. Thereafter
he commanded for it, and it was hung on his neck.
Book 38, Number 4398:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: When a slave
steals, sell him, even though it be for half an uqiyah.
Book 38, Number 4403:
Narrated Ubadah ibn as-Samit:
The tradition mentioned above (No. 4401) has also
been transmitted by Ubadah ibn as-Samit through a
different chain of narrators.
This version has: The people said to Sa'd ibn Ubadah:
AbuThabit, the prescribed punishments have been
revealed: if you find a man with your wife, what will
you do?
He said: I shall strike them with a sword so much
that they become silent (i.e. die). Should I go and
gather four witnesses? Until that (time) the need would
be fulfilled.
So they went away and gathered with the Apostle of
Allah (peace_be_upon_him) and said: Apostle of Allah!
did you not see AbuThabit. He said so-and-so.
The Apostle of Allah (peace_be_upon_him) said: The
sword is a sufficient witness. He then said: No, no, a
furious and a jealous man may follow this course.
Book 38, Number 4405:
Narrated Nu'aym ibn Huzzal:
Yazid ibn Nu'aym ibn Huzzal, on his father's
authority said: Ma'iz ibn Malik was an orphan under the
protection of my father. He had illegal sexual
intercourse with a slave-girl belonging to a clan. My
father said to him: Go to the Apostle of Allah
(peace_be_upon_him) and inform him of what you have
done, for he may perhaps ask Allah for your forgiveness.
His purpose in that was simply a hope that it might be a
way of escape for him.
So he went to him and said: Apostle of Allah! I have
committed fornication, so inflict on me the punishment
ordained by Allah. He (the Prophet) turned away from
him, so he came back and said: Apostle of Allah! I have
committed fornication, so inflict on me the punishment
ordained by Allah. He (again) turned away from him, so
he came back and said: Apostle of Allah! I have
committed fornication, so inflict on me the punishment
ordained by Allah.
When he uttered it four times, the Apostle of Allah
(peace_be_upon_him) said: You have said it four times.
With whom did you commit it?
He replied: With so and so. He asked: Did you lie
down with her? He replied: Yes. He asked: Had your skin
been in contact with hers? He replied. Yes. He asked:
Did you have intercourse with her? He said: Yes. So he
(the Prophet) gave orders that he should be stoned to
death. He was then taken out to the Harrah, and while he
was being stoned he felt the effect of the stones and
could not bear it and fled. But Abdullah ibn Unays
encountered him when those who had been stoning him
could not catch up with him. He threw the bone of a
camel's foreleg at him, which hit him and killed him.
They then went to the Prophet (peace_be_upon_him) and
reported it to him.
He said: Why did you not leave him alone. Perhaps he
might have repented and been forgiven by Allah.
Book 38, Number 4406:
Narrated Jabir ibn Abdullah:
Muhammad ibn Ishaq said: I mentioned the story of
Ma'iz ibn Malik to Asim ibn Umar ibn Qatadah. He said to
me: Hasan ibn Muhammad ibn Ali ibn AbuTalib said to me:
Some men of the tribe of Aslam whom I do not blame and
whom you like have transmitted to me the saying of the
Apostle of Allah (peace_be_upon_him): Why did you not
leave him alone?
He said: But I did not understand this tradition. So
I went to Jabir ibn Abdullah and said (to him): Some men
of the tribe of Aslam narrate that the Apostle of Allah
(peace_be_upon_him) said when they mentioned to him the
anxiety of Ma'iz when the stones hurt him: "Why did you
not leave him alone?' But I do not know this tradition.
He said: My cousin, I know this tradition more than
the people. I was one of those who had stoned the man.
When we came out with him, stoned him and he felt the
effect of the stones, he cried: O people! return me to
the Apostle of Allah (peace_be_upon_him). My people
killed me and deceived me; they told me that the Apostle
of Allah (peace_be_upon_him) would not kill me. We did
not keep away from him till we killed him. When we
returned to the Apostle of Allah (peace_be_upon_him) we
informed him of it.
He said: Why did you not leave him alone and bring
him to me? and he said this so that the Apostle of Allah
(peace_be_upon_him) might ascertain it from him. But he
did not say this to abandon the prescribed punishment.
He said: I then understood the intent of the tradition.
Book 38, Number 4407:
Narrated Abdullah ibn Abbas:
Ma'iz ibn Malik came to the Prophet
(peace_be_upon_him) and said that he had committed
fornication and he (the Prophet) turned away from him.
He repeated it many times, but he (the Prophet) turned
away from him. He asked his people: Is he mad? They
replied: There is no defect in him. He asked: Have you
done it with her? He replied: Yes. so he ordered that he
should be stoned to death. He was taken out and stoned
to death, and he (the Prophet) did not pray over him.
Book 38, Number 4412:
Narrated Abdullah ibn Abbas:
Ma'iz ibn Malik came to the Prophet
(peace_be_upon_him) and admitted fornication twice. But
he drove him away. He then came and admitted fornication
twice. But he drove him away. He then came and admitted
fornication twice. He (the Prophet) said: You have
testified to yourself four times. Take him away and
stone him to death.
Book 38, Number 4413:
Narrated Abdullah ibn Abbas:
The Prophet (peace_be_upon_him) said to Ma'iz ibn
Malik: Perhaps you kissed, or squeezed, or looked. He
said: No. He then said: Did you have intercourse with
her? He said: Yes. On the (reply) he (the Prophet) gave
order that he should be stoned to death.
Book 38, Number 4414:
Narrated AbuHurayrah:
A man of the tribe of Aslam came to the Prophet
(peace_be_upon_him) and testified four times against
himself that he had had illicit intercourse with a
woman, while all the time the Prophet
(peace_be_upon_him) was turning away from him.
Then when he confessed a fifth time, he turned round
and asked: Did you have intercourse with her? He
replied: Yes. He asked: Have you done it so that your
sexual organ penetrated hers? He replied: Yes. He asked:
Have you done it like a collyrium stick when enclosed in
its case and a rope in a well? He replied: Yes. He
asked: Do you know what fornication is? He replied: Yes.
I have done with her unlawfully what a man may lawfully
do with his wife.
He then asked: What do you want from what you have
said? He said: I want you to purify me. So he gave
orders regarding him and he was stoned to death. Then
the Prophet (peace_be_upon_him) heard one of his
companions saying to another: Look at this man whose
fault was concealed by Allah but who would not leave the
matter alone, so that he was stoned like a dog. He said
nothing to them but walked on for a time till he came to
the corpse of an ass with its legs in the air.
He asked: Where are so and so? They said: Here we
are, Apostle of Allah (peace_be_upon_him)! He said: Go
down and eat some of this ass's corpse. They replied:
Apostle of Allah! Who can eat any of this? He said: The
dishonour you have just shown to your brother is more
serious than eating some of it. By Him in Whose hand my
soul is, he is now among the rivers of Paradise and
plunging into them.
Book 38, Number 4420:
Narrated Buraydah ibn al-Hasib:
We, the Companions of the Apostle of Allah
(peace_be_upon_him), used to talk mutually: Would that
al-Ghamidiyyah and Ma'iz ibn Malik had withdrawn after
their confession; or he said: Had they not withdrawn
after their confession, he would not have pursued them
(for punishment). He had them stoned after the fourth
(confession).
Book 38, Number 4421:
Narrated Al-Lajlaj al-Amiri:
I was working in the market. A woman passed carrying
a child. The people rushed towards her, and I also
rushed along with them.
I then went to the Prophet (peace_be_upon_him) while
he was asking: Who is the father of this (child) who is
with you? She remained silent.
A young man by her side said: I am his father,
Apostle of Allah!
He then turned towards her and asked: Who is the
father of this child with you?
The young man said: I am his father, Apostle of
Allah! The Apostle of Allah (peace_be_upon_him) then
looked at some of those who were around him and asked
them about him. They said: We only know good (about
him).
The Prophet (peace_be_upon_him) said to him: Are you
married? He said: Yes. So he gave orders regarding him
and he was stoned to death.
He (the narrator) said: We took him out, dug a pit
for him and put him in it. We then threw stones at him
until he died. A man then came asking about the man who
was stoned.
We brought him to the Prophet (peace_be_upon_him) and
said: This man has come asking about the wicked man.
The Apostle of Allah (peace_be_upon_him) said: He is
more agreeable than the fragrance of musk in the eyes of
Allah. The man was his father. We then helped him in
washing, shrouding and burying him. (The narrator said:)
I do not know whether he said or did not say "in praying
over him." This is the tradition of Abdah, and it is
more accurate.
Book 38, Number 4423:
Narrated Sahl ibn Sa'd:
A man came to the Prophet (peace_be_upon_him) and
confessed before him that he had committed fornication
with a woman whom he named. The Apostle of Allah
(peace_be_upon_him) sent for the woman and asked her
about it. But she denied that she had committed
fornication. So he inflicted the prescribed punishment
of flogging on him, and let her go.
Book 38, Number 4424:
Narrated Jabir ibn Abdullah:
A man committed fornication with a woman. So the
Apostle of Allah (peace_be_upon_him) ordered regarding
him and the prescribed punishment of flogging was
inflicted on him. He was then informed that he was
married. So he commanded regarding him and he was stoned
to death.
Book 38, Number 4426:
Narrated Imran ibn Husayn:
A woman belonging to the tribe of Juhaynah (according
to the version of Aban) came to the Prophet
(peace_be_upon_him) and said that she had committed
fornication and that she was pregnant. The Apostle of
Allah (peace_be_upon_him) called her guardian.
Then the Apostle of Allah (peace_be_upon_him) said to
him: Be good to her, and when she bears a child, bring
her (to me). When she gave birth to the child, he
brought her (to him). The Prophet (peace_be_upon_him)
gave orders regarding her, and her clothes were tied to
her. He then commanded regarding her and she was stoned
to death. He commanded the people (to pray) and they
prayed over her.
Thereupon Umar said: Are you praying over her,
Apostle of Allah, when she has committed fornication?
He said: By Him in Whose hand my soul is, she has
repented to such an extent that if it were divided among
the seventy people of Medina, it would have been enough
for them all. And what do you find better than the fact
that she gave her life.
Aban did not say in his version: Then her clothes
were tied to her.
Book 38, Number 4429:
Narrated AbuBakrah:
The Prophet (peace_be_upon_him) had a woman stoned
and a pit was dug up to her breasts.
Book 38, Number 4433:
Narrated Al-Bara' ibn Azib:
The people passed by the Apostle of Allah
(peace_be_upon_him) with a Jew who was blackened with
charcoal and who was being flogged.
He called them and said: Is this the prescribed
punishment for a fornicator?
They said: Yes. He then called on a learned man among
them and asked him: I adjure you by Allah Who revealed
the Torah to Moses, do you find this prescribed
punishment for a fornicator in your divine Book?
He said: By Allah, no. If you had not adjured me
about this, I should not have informed you. We find
stoning to be prescribed punishment for a fornicator in
our Divine Book. But it (fornication) became frequent in
our people of rank; so when we seized a person of rank,
we left him alone, and when we seized a weak person, we
inflicted the prescribed punishment on him. So we said:
Come, let us agree on something which may be enforced
equally on people of higher and lower rank. So we agreed
to blacken the face of a criminal with charcoal, and
flog him, and we abandoned stoning.
The Apostle of Allah (peace_be_upon_him) then said: O
Allah, I am the first to give life to Thy command which
they have killed. So he commanded regarding him (the
Jew) and he was stoned to death.
Allah Most High then sent down: "O Apostle, let not
those who race one another into unbelief, make thee
grieve..." up to "They say: If you are given this, take
it, but if not, beware!...." up to "And if any do fail
to judge by (the light of) what Allah hath revealed,
they are (no better than) unbelievers," about Jews, up
to "And if any do fail to judge by (the right of) what
Allah hath revealed, they are no better than)
wrong-doers" about Jews: and revealed the verses up to
"And if any do fail to judge by (the light of) what
Allah hath revealed, they are (no better than) those who
rebel." About this he said: This whole verse was
revealed about the infidels.
Book 38, Number 4434:
Narrated Abdullah Ibn Umar:
A group of Jews came and invited the Apostle of Allah
(peace_be_upon_him) to Quff. So he visited them in their
school.
They said: AbulQasim, one of our men has committed
fornication with a woman; so pronounce judgment upon
them. They placed a cushion for the Apostle of Allah
(peace_be_upon_him) who sat on it and said: Bring the
Torah. It was then brought. He then withdrew the cushion
from beneath him and placed the Torah on it saying: I
believed in thee and in Him Who revealed thee.
He then said: Bring me one who is learned among you.
Then a young man was brought. The transmitter then
mentioned the rest of the tradition of stoning similar
to the one transmitted by Malik from Nafi'(No. 4431).
Book 38, Number 4435:
Narrated AbuHurayrah:
(This is Ma'mar's version which is more accurate.) A
man and a woman of the Jews committed fornication.
Some of them said to the others: Let us go to this
Prophet, for he has been sent with an easy law. If he
gives a judgment lighter than stoning, we shall accept
it, and argue about it with Allah, saying: It is a
judgment of one of your prophets. So they came to the
Prophet (peace_be_upon_him) who was sitting in the
mosque among his companions.
They said: AbulQasim, what do you think about a man
and a woman who committed fornication? He did not speak
to them a word till he went to their school.
He stood at the gate and said: I adjure you by Allah
Who revealed the Torah to Moses, what (punishment) do
you find in the Torah for a person who commits
fornication, if he is married?
They said: He shall be blackened with charcoal, taken
round a donkey among the people, and flogged. A young
man among them kept silent.
When the Prophet (peace_be_upon_him) emphatically
adjured him, he said: By Allah, since you have adjured
us (we inform you that) we find stoning in the Torah (is
the punishment for fornication).
The Prophet (peace_be_upon_him) said: So when did you
lessen the severity of Allah's command? He said:
A relative of one of our kings had committed
fornication, but his stoning was suspended. Then a man
of a family of common people committed fornication. He
was to have been stoned, but his people intervened and
said: Our man shall not be stoned until you bring your
man and stone him. So they made a compromise on this
punishment between them.
The Prophet (peace_be_upon_him) said: So I decide in
accordance with what the Torah says. He then commanded
regarding them and they were stoned to death.
Az-Zuhri said: We have been informed that this verse
was revealed about them: "It was We Who revealed the Law
(to Moses): therein was guidance and light. By its
standard have been judged the Jews, by the Prophet who
bowed (as in Islam) to Allah's will.
Book 38, Number 4441:
Narrated Al-Bara' ibn Azib:
while I was wandering in search of my camels which
had strayed, a caravan or some horsemen carrying a
standard came forward. The bedouin began to go round me
for my position with the Prophet (peace_be_upon_him).
They came to a domed structure, took out a man from it,
and struck his neck. I asked about him. They told me
that he had married his father's wife.
Book 38, Number 4442:
Narrated Al-Bara' ibn Azib:
I met my uncle who was carrying a standard. I asked
him: Where are you going? He said: The Apostle of Allah
(peace_be_upon_him) has sent me to a man who has married
his father's wife. He has ordered me to cut off his head
and take his property.
Book 38, Number 4443:
Narrated An-Nu'man ibn Bashir:
Habib ibn Salim said: A man called AbdurRahman ibn
Hunayn had intercourse with his wife's slave-girl. The
matter was brought to an-Nu'man ibn Bashir who was the
Governor of Kufah. He said: I shall decide between you
in accordance with the decision of the Apostle of Allah
(peace_be_upon_him). If she made her lawful for you, I
shall flog you one hundred lashes. If she did not make
her lawful for you, I shall stone you to death. So they
found that she had made her lawful for him. He,
therefore, flogged him one hundred lashes.
Book 38, Number 4444:
Narrated An-Nu'man ibn Bashir:
The Prophet (peace_be_upon_him) said: about a man who
had (unlawful) intercourse with his wife's slave girl:
If she made her lawful for him, he will be flogged one
hundred lashes; if she did not make her lawful for him,
I shall stone him.
Book 38, Number 4445:
Narrated Salamah ibn al-Muhabbaq:
The Apostle of Allah (peace_be_upon_him) made a
decision about a man who had intercourse with his wife's
slave-girl as follows. If he forced her, she is free,
and he shall give her mistress a slave-girl similar to
her; if she asked him to have intercourse voluntarily,
she will belong to him, and he shall give her mistress a
slave-girl similar to her.
Book 38, Number 4446:
Narrated Salamah ibn al-Muhabbaq:
A similar tradition (to the No. 4445) has also been
transmitted by Salamah ibn al-Muhabbaq from the Prophet
(peace_be_upon_him).
This version has: If she asked her to have
intercourse with her voluntarily, then she and a similar
slave-girl would be given to her mistress from his
property.
Book 38, Number 4447:
Narrated Abdullah ibn Abbas:
The Prophet (peace_be_upon_him) said: If you find
anyone doing as Lot's people did, kill the one who does
it, and the one to whom it is done.
Book 38, Number 4448:
Narrated Abdullah ibn Abbas:
If a man who is not married is seized committing
sodomy, he will be stoned to death.
Book 38, Number 4449:
Narrated Abdullah ibn Abbas:
The Prophet (peace_be_upon_him) said: If anyone has
sexual intercourse with an animal, kill him and kill it
along with him. I (Ikrimah) said: I asked him (Ibn
Abbas): What offence can be attributed to the animal/ He
replied: I think he (the Prophet) disapproved of its
flesh being eaten when such a thing had been done to it.
Book 38, Number 4450:
Narrated Abdullah ibn Abbas:
There is no prescribed punishment for one who has
sexual intercourse with an animal.
Book 38, Number 4451:
Narrated Sahl ibn Sa'd:
A man came to the Prophet (peace_be_upon_him) and
made acknowledgment before him that he had committed
fornication with a woman whom he named. The Apostle of
Allah (peace_be_upon_him) sent someone to the woman and
he asked her about it. She denied that she had committed
fornication. So he gave him the prescribed punishment of
Lashes and left her.
Book 38, Number 4452:
Narrated Abdullah ibn Abbas:
A man of Bakr ibn Layth came to the Prophet
(peace_be_upon_him) and made confession four times that
he had committed fornication with a woman, so he had a
hundred lashes administered to him. The man had not been
married. He then asked him to produce proof against the
woman, and she said: I swear by Allah, Apostle of Allah,
that he has lied. Then he was given the punishment of
eighty lashes of falsehood.
Book 38, Number 4457:
Narrated Some Companions:
AbuUmamah ibn Sahl ibn Hunayf said that some
companions of the Apostle of Allah (peace_be_upon_him)
told that one of their men suffered so much from some
illness that he pined away until he was skin and bone
(i.e. only a skeleton). A slave-girl of someone visited
him, and he was cheered by her and had unlawful
intercourse with her. When his people came to visit the
patient, he told them about it.
He said: Ask the Apostle of Allah (peace_be_upon_him)
about the legal verdict for me, for I have had unlawful
intercourse with a slave-girl who visited me.
So they mentioned it to the Apostle of Allah
(peace_be_upon_him) saying: We have never seen anyone
(so weak) from illness as he is. If we bring him to you,
his bones will disintegrate. He is only skin and bone.
So the Apostle of Allah (peace_be_upon_him) commanded
them to take one hundred twigs and strike him once.
Book 38, Number 4458:
Narrated Ali ibn AbuTalib:
A slave-girl belonging to the house of the Apostle of
Allah (peace_be_upon_him) committed fornication. He (the
Prophet) said: Rush up, Ali, and inflict the prescribed
punishment on her. I then hurried up, and saw that blood
was flowing from her, and did not stop. So I came to him
and he said: Have you finished inflicting (punishment on
her)? I said: I went to her while her blood was flowing.
He said: Leave her alone till her bleeding stops; then
inflict the prescribed punishment on her. And inflict
the prescribed punishment on those whom your right hands
possess (i.e. slaves).
Book 38, Number 4459:
Narrated Aisha, Ummul Mu'minin:
When my vindication came down, the Prophet
(peace_be_upon_him) mounted the pulpit and mentioned
that, and recited the Qur'an. Then when he came down
from the pulpit he ordered regarding the two men and the
woman, and they were given the prescribed punishment.
Book 38, Number 4460:
Narrated Aisha, Ummul Mu'minin:
The tradition mentioned above (No. 4459) has also
been transmitted by Muhammad ibn Ishaq through a
different chain of narrators. But he did not mention
Aisha.
This version has: He (the Prophet) commanded
regarding the two men and the woman who spoke obscenity
were Hassan ibn Thabit and Mistah ibn Uthathah.
An-Nufayl said: It is said that the woman was Hammah
daughter of Jahsh.
Book 38, Number 4461:
Narrated Abdullah ibn Abbas:
The Prophet (peace_be_upon_him) did not prescribe any
punishment for drinking wine. Ibn Abbas said: A man who
had drunk wine and become intoxicated was found
staggering on the road, so he was taken to the Prophet
(peace_be_upon_him). When he was opposite al-Abbas's
house, he escaped, and going in to al-Abbas, he grasped
hold of him. When that was mentioned to the Prophet
(peace_be_upon_him), he laughed and said: Did he do
that? and he gave no command regarding him.
Book 38, Number 4465:
Narrated Ali ibn AbuTalib:
Hudayn ibn al-Mundhir ar-Ruqashi, who was AbuSasan,
said: I was present with Uthman ibn Affan when al-Walid
ibn Uqbah was brought to him. Humran and another man
bore witness against him (for drinking wine). One of
them testified that he had seen him drinking wine, and
the other testified that he had seen him vomiting it.
Uthman said: He could not vomit it, unless he did not
drink it. He said to Ali: Inflict the prescribed
punishment on him. Ali said to al-Hasan: Inflict the
prescribed punishment on him.
Al-Hasan said: He who has enjoyed its pleasure should
also bear its burden. So Ali said to Abdullah ibn
Ja'far: Inflict the prescribed punishment on him. He
took a whip and struck him with it while Ali was
counting.
When he reached (struck) forty (lashes), he said: It
is sufficient. The Prophet (peace_be_upon_him) gave
forty lashes. I think he also said: "And AbuBakr gave
forty lashes, and Uthman eighty. This is all sunnah
(standard practice). And this is dearer to me."
Book 38, Number 4466:
Narrated Ali ibn AbuTalib:
The Apostle of Allah (peace_be_upon_him) and AbuBakr
gave forty lashes for drinking wine and Umar made it
eighty. And all this is sunnah, the model and standard
practice.
Book 38, Number 4467:
Narrated Mu'awiyah ibn AbuSufyan:
The Prophet (peace_be_upon_him) said: If they (the
people) drink wine, flog them, again if they drink it,
flog them. Again if they drink it, kill them.
Book 38, Number 4469:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: If he is
intoxicated, flog him; again if he is intoxicated, flog
him; again if he is intoxicated, flog him if he does it
again a fourth time, kill him.
AbuDawud said: And there is a similar tradition of
Umar ibn AbuSalamah, from his father, on the authority
of AbuHurayrah, from the Prophet (peace_be_upon_him): If
he drinks wine, flog him if he does it so again, a
fourth time, kill him.
Book 38, Number 4470:
Narrated Qabisah ibn Dhuwayb:
The Prophet (peace_be_upon_him) said: If anyone
drinks wine, flog him; if he repeats it, flog him, and
if he repeats it, flog him. If he does it again a third
or a fourth time, kill him. A man who had drunk wine was
brought (to him) and he gave him lashes. He was again
brought to him, and he flogged him. He was again brought
to him and he flogged him. He was again brought to him
and he flogged him. The punishment of killing (for
drinking) was repealed, and a concession was allowed.
Book 38, Number 4472:
Narrated AbdurRahman ibn Azhar:
I can still picture myself looking at the Apostle of
Allah (peace_be_upon_him) who was among the camps of the
Companions seeking the camp of Khalid ibn al-Walid, when
a man who had drunk wine was brought before him. He
asked the people: Beat him. Some struck him with
sandals, some with sticks and some with fresh branches
of the palm-tree (mitakhah). Ibn Wahb said: This
(mitakhah) means green palm fronds. Then the apostle of
Allah (peace_be_upon_him) took some dust from the ground
and threw it on his face.
Book 38, Number 4473:
Narrated AbdurRahman ibn al-Azhar:
A man who had drunk wine was brought before the
Prophet (peace_be_upon_him) when he was in Hunayn. He
threw some dust on his face. He then ordered his
Companions and they beat him with their sandals and
whatever they had in their hands. He then said to them:
Leave him, and they left him. The Apostle of Allah
(peace_be_upon_him) then died, and AbuBakr gave forty
lashes for drinking wine, and then Umar in the beginning
of his Caliphate inflicted forty stripes and at the end
of his Caliphate he inflicted eighty stripes. Uthman
(after him) inflicted both punishments, eighty and forty
stripes, and finally Mu'awiyah established eighty
stripes.
Book 38, Number 4474:
Narrated AbdurRahman ibn Azhar:
I saw the Apostle of Allah (peace_be_upon_him) on the
morning of the conquest of Mecca when I was a young boy.
He was walking among the people, seeking the camp of
Khalid ibn al-Walid. A man who had drunk wine was
brought (before him) and he ordered them (to beat him).
So they beat him with what they had in their hands. Some
struck him with whips, some with sticks and some with
sandals. The Apostle of Allah (peace_be_upon_him) threw
some dust on his face.
When a man who had drunk wine was brought before
AbuBakr, he asked them (i.e. the people) about the
number of beatings which they gave him. They numbered it
forty. So AbuBakr gave him forty lashes.
When Umar came to power, Khalid ibn al-Walid wrote to
him: The people have become addicted to drinking wine
and they look down upon the prescribed punishment and
its penalty.
He said: They are with you, ask them. The immigrants
who embraced Islam in the beginning were with him. He
asked them and they agreed on the fact that (a drunkard)
should be given eighty lashes.
Ali said: When a man drinks wine, he tells lies. I,
therefore, think that he should be prescribed punishment
that is prescribed for telling lies..
Book 38, Number 4475:
Narrated Hakim ibn Hizam:
The Apostle of Allah (peace_be_upon_him) forbade to
take retaliation in the mosque, to recite verses in it
and to inflict the prescribed punishments in it.
Book 38, Number 4478:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: When one of you
inflicts a beating, he should avoid striking the face.
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