The penal laws of Islam are called Hudud in the Hadith and Fiqh. This word isthe plural of Hadd, which means prevention, hindrance, restraint, prohibition, andhence a restrictive ordinance or statute of God, respecting things lawful and unlawful.
Punishments are divided into two classes, one of which is called Hadd andthe other Ta'zir. The Hadd is a measure of punishment defined by the Qur'an andthe Sunnah. In Ta'zir, the court, is allowed to use its discretion in regard to the formand measure in which such punishment is to be inflicted.
Punishments by way of Hadd are of the following forms: death by stoning,amputation of a limb or limbs, flogging by one hundred or eighty strokes. They are prescribed respectively for the following offences: adultery committed by married persons,theft, highway robbery, drunkenness and slander imputing unchastity to women.
The punishments described above are the maximum punishments for the abovementioned crimes. These can be reduced keeping in view the circ*mstances in whichthe crimes were committed, the nature of the evidence, and the motive of the criminalwith which he committed the crime.
Book 17, Number 4176:'A'isha reported that Allah's Messenger (may peace be upon him) cut offthe hand of a thief for a quarter of a dinar rid upwards.
Book 17, Number 4177:This hadith has been transmitted on the authority of Zuhri.
Book 17, Number 4178:'A'isha reported Allah's Messenger (may peace be upon him) as saying:The hand of a thief should not be cut off but for a quarter of a dinar and upwards.
Book 17, Number 4179:'A'isha reported: I heard Allah's Messenger (may peace be upon him) assaying: The hand (of a thief) should not be cut off but for a quarter of a dinar and whatis above that.
Book 17, Number 4180:'A'isha reported that she heard Allah's Apostle (may peace be upon him)as saying: The hand of the thief may not be cut off but for a quarter of a dinar andupwards.
Book 17, Number 4181:A hadith like this has been narrated on the authority of Yazid b.'Abdullah b. al-Had with the same chain of transmitters.
Book 17, Number 4182:'A'isha reported that during the lifetime of Allah's Messenger (may peacebe upon him) the hand of the thief was not cut off for less than the price of a shield,iron coat or armour and both of them are valuable.
Book 17, Number 4183:This hadith has been narrated on the authority of Hisham through anotherchain of transmitters, and in the hadith narrated by 'Abd al-Rahim and Abu Usama(the words are): "That (the shield) was valuable those days."
Book 17, Number 4184:Ibn 'Umar reported that Allah's Messenger (may peace upon him) cut offthe hand of a thief (in case of the theft) of a shield the price of which was threedirhams.
Book 17, Number 4185:This hadith has been narrated on the authority of Ibn 'Umar throughsome other chains of transmitters but with a slight variation of words.
Book 17, Number 4186:Abu Huraira reported Allah's Messenger (may peace be upon him) as saying:Let there be the curse of Allah upon the thief who steals an egg and his hand is cutoff, and steals a rope and his hand is cut off.
This hadith is narrated on the authority of A'mash with the same chainof transmitters with a slight variation of words.
Book 17, Number 4188:'A'isha reported that the Quraish had been anxious about the Makhzumiwoman who had committed theft, and said: Who will speak to Allah's Messenger (maypeace be upon him) about her? They said: Who dare it, but Usama, the loved one ofAllah's Messenger (may peace be upon him) ? So Usama spoke to him. ThereuponAllah's Messenger (may peace be upon him) said: Do you intercede regarding one ofthe punishments prescribed by Allah? He then stood up and addressed (people)saying: O people, those who have gone before you were destroyed, because if any oneof high rank committed theft amongst them, they spared him; and it anyone of lowrank committed theft, they inflicted the prescribed punishment upon him. By Allah,if Fatima, daughter of Muhammad, were to steal, I would have her hand cut off. Inthe hadith transmitted on the authority of Ibn Rumh (the words are): "Verily thosebefore you perished."
Book 17, Number 4189:'A'isha, the wife of Allah's Apostle (may peace be upon him), reported thatthe Quraish were concerned about the woman who had committed theft during thelifetime of Allah's Apostle (may peace be upon him), in the expedition of Victory (ofMecca). They said: Who would speak to Allah's Messenger (may peace be upon him)about her? They (again) said: Who can dare do this but Usama b Zaid, the loved oneof Allah's Messenger (may peace be upon him) ? She was brought to Allah's Messenger(may peace be upon him) and Usama b. Zaid spoke about her to him (interceded onher behalf). The colour of the face of Allah's Messenger (may peace be upon him)changed, and he said: Do you intercede in one of the prescribed punishments ofAllah? He (Usama) said: 'Messenger of Allah, seek forgiveness for me. When it wasdusk. Allah's Messenger (may peace be upon him) stood up and gave an address. He(first) glorified Allah as He deserves, and then said: Now to our topic. This (injustice)destroyed those before you that when any one of (high) rank committed theft amongthem, they spared him, and when any weak one among them committed theft, theyinflicted the prescribed punishment upon him. By Him in Whose Hand is my life, evenif Fatima daughter of Muhammad were to commit theft, I would have cut off herhand. He (the Holy Prophet) then commanded about that woman who had committed theft, and her hand was cut off. 'A'isha (further) said: Hers was a goodrespentance, and she later on married and used to come to me after that, and Iconveyed her needs (and problems) to Allah's Messenger (may peace be upon him).
Book 17, Number 4190:'A'isha reported that a woman from the tribe of Makhzum used to borrowthings (from people) and then denied (having taken them). Allah's Apostle (maypeace be upon him) commanded her hand to be cut off. Her relatives came to Usamab. Zaid and spoke to him (requesting him to intercede on her behalf). He spoke toAllah's Messenger (may peace be upon him) about her. The rest of the hadith is thesame.
Jaibir reported that a woman from the tribe of Makhzum committed theft.She was brought to Allah's Apostle (may peace be upon him) and she sought refuge(intercession) from Umm Salama, the wife of Allah's Apostle (may peace be upon him).Thereupon Allah's Apostle (may peace be upon him) said: By Allah, even if she wereFatima, I would have her hand cut off. And thus her hand was cut off.
Book 17, Number 4192:'Ubada b. as-Samit reported: Allah's Messenger (may peace be upon him)as saying: Receive (teaching) from me, receive (teaching) from me. Allah has ordaineda way for those (women). When an unmarried male commits adultery with an unmarried female (they should receive) one hundred lashes and banishment for one year.And in case of married male committing adultery with a married female, they shallreceive one hundred lashes and be stoned to death.
Book 17, Number 4193:'Ubada b. as-Samit reported that whenever Allah's Apostle (may peacebe upon him) received revelation, he felt its rigour and the complexion of his facechanged. One day revelation descended upon him, he felt the same rigour. When itwas over and he felt relief, he said: Take from me. Verily Allah has ordained a wayfor them (the women who commit fornication),: (When) a married man (commits adultery) with a married woman, and an unmarried male with an unmarried woman, thenin case of married (persons) there is (a punishment) of one hundred lashes and thenstoning (to death). And in case of unmarried persons, (the punishment) is one hundredlashes and exile for one year.
This hadith has been reported on the authority of Qatada with the samechain of transmitters except with this variation that the unmarried is to be lashed andexiled, and the married one is to be lashed and stoned. There is neither any mentionof one year nor that of one hundred.
Book 17, Number 4195:'Abdullah b. 'Abbas reported that 'Umar b. Khattab sat on the pulpit ofAllah's Messenger (may peace be upon him) and said: Verily Allah sent Muhammad(may peace be upon him) with truth and He sent down the Book upon him, and theverse of stoning was included in what was sent down to him. We recited it,retained it in our memory and understood it. Allah's Messenger (may peace be uponhim) awarded the punishment of stoning to death (to the married adulterer and adulteress) and, after him, we also awarded the punishment of stoning, I am afraid thatwith the lapse of time, the people (may forget it) and may say: We do not find thepunishment of stoning in the Book of Allah, and thus go astray by abandoning thisduty prescribed by Allah. Stoning is a duty laid down in Allah's Book for marriedmen and women who commit adultery when proof is established, or it there is pregnancy, or a confession.
This hadith has been narrated on the authority of Zuhri with the samechain of transmitters.
Book 17, Number 4197:Abu Huraira reported that a person from amongst the Muslims came toAllah's Messenger (may peace be upon him) while he was in the mosque. He called himsaying: Allah's Messenger. I have committed adultery. He (the Holy Prophet) turnedaway from him, He (again) came round facing him and said to him: Allah's Messenger,I have committed adultery. He (the Holy Prophet) turned away until he did that fourtimes, and as he testified four times against his own self, Allah's Messenger (maypeace be upon him) called him and said: Are you mad? He said: No. He (again)said: Are you married ? He said: Yes. Thereupon Allah's Messenger (may peace be uponhim) said : Take him and stone him. Ibn Shihab (one of the narrators) said: Onewho had heard Jabir b. 'Abdullah saying this informed me thus: I was one of thosewho stoned him. We stoned him at the place of prayer (either that of 'Id or afuneral). When the stones hurt him, he ran away. We caught him in the Harraand stoned him (to death). This hadith has been narrated through another chain oftransmitters.
Book 17, Number 4198:This hadith has been narrated on the authority of Abu Huraira throughother chains of transmitters.
Book 17, Number 4199:Jabir b. Samura reported: As he was being brought to Allah's Apostle (maypeace be upon him) I saw Ma'iz b. Malik-a short-statured person with strong sinews,having no cloak around him. He bore witness against his own self four times that hehad committed adultery, whereupon Allah's Messenger (may peace be upon him) said:Perhaps (you kissed her or embraced her). He said: No. by God, one deviating(from the path of virtue) has committed adultery. He then got him stoned (to death),and then delivered the address: Behold, as we set out for Jihad in the cause ofAllah, one of you lagged behind and shrieked like the bleating of a male goat, andgave a small quantity of milk. By Allah, in case I get hold of him, I shall certainlypunish him.
Book 17, Number 4200:Jabir b. Samura reported that there was brought to Allah's Messenger (maypeace be upon him) a short-statured person with thick uncombed hair, muscular body,having a mantle around him and he had committed adultery. He turned him awaytwice and then made pronouncement about him and he was stoned. Then Allah'sMessenger (may peace be upon him) said: We set out for Jihad in the cause of Allahand one of you lagged behind and shrieked like the bleating of a male goat and one ofthen (goats' gave a small quantity of milk. In case Allah gives me power over oneof them, I will punish him (in such a way that it may have a deterrent effect uponothers). In another narration transmitted on the authority of Sa'id b Jubair (the wordsare) ,that He (the Holy Prophet) turned him away four times."
Book 17, Number 4201:This hadith has been narrated on the authority of Jabir b. Samura throughanother chain of transmitters with the difference that along with the mentioning (of thefact) that he (the Holy Prophet) turned him away twice, or thrice.
Book 17, Number 4202:Ibn Abbas reported that Allah's Apostle (may peace be upon him) said toMa'iz b. Malik : Is it true what has reached me about you ? He said : What has reachedyou about me ? He said: It has reached me that you have committed (adultery) withthe slave-girl of so and so? He said: Yes. He (the narrator) said: He testified fourtimes. He (the Holy Prophet) then made pronouncement about him and he was stoned(to death).
Book 17, Number 4203:Abu Sa'id reported that a person belonging to the clan of Aslam, who wascalled Ma,iz b. Malik, came to Allah's Messenger (may peace be upon him) and said: Ihave committed immorality (adultery), so inflict punishment upon me. Allah's Apostle(may peace be upon him) turned him away again and again. He then asked his people(about the state of his mind). They said: We do not know of any ailment of his exceptthat he has committed something about which he thinks that he would not be able torelieve himself of its burden but with the Hadd being imposed upon him. He (Ma'iz)came back to Allah's Apostle (may peace be upon him) and he commanded us to stonehim. We took him to the Baqi' al-Gharqad (the graveyard of Medina). We neither tiedhim nor dug any ditch for him. We attacked him with bones, with clods and pebbles.He ran away and we ran after him until he came upon the ston ground (al-Harra) andstopped there and we stoned him with heavy stones of the Harra until he becamemotionless (lie died). He (the Holy Prophet) then addressed (us) in the evening sayingWhenever we set forth on an expedition in the cause of Allah, some one of thoseconnected with us shrieked (under the pressure of sexual lust) as the bleating ofa male goat. It is essential that if a person having committed such a deed is broughtto me, I should punish him. He neither begged forgiveness for him nor cursed him.
Book 17, Number 4204:Dawud narrated the hadith with the same chain of transmitters (and thewords are) : Allah's Apostle (may peace be upon him) stood tip (to address the audience)in the evening and praised Allah, glorified Him and then said : What about the people,that as we set out on an expedition, one of you remained behind us and he shriekedlike the bleating of a male goat ? But he did not mention (these words) :People connected with us."
Book 17, Number 4205:This hadith has been narrated on the authority of Dawud with the samechain of transmitters but with this variation that in the hadith narrated by Sufyan(the words are) : "He made a confession of having committed adultery, thrice."
Book 17, Number 4206:Sulaiman b. Buraida reported on the authority of his father that Ma,iz b.Malik came to Allah's Apostle (may peace be upon him) and said to him : Messenger ofAllah, purify me, whereupon he said: Woe be upon you, go back, ask forgiveness ofAllah and turn to Him in repentance. He (the narrator) said that he went back notfar, then came and said: Allah's Messenger, purify me. whereupon Allah's Messenger(may peace be upon him) said : Woe be upon you, go back and ask forgiveness of Allahand turn to Him in repentance. He (the narrator) said that he went back not far, whenhe came and said: Allah's Messenger, purify me. Allah's Apostle (may peace be uponhim) said as he had said before. When it was the fourth time, Allah's Messenger (may,peace be upon him) said : From what am I to purify you ? He said : From adultery,Allah's Messenger (may peace be upon him) asked if he had been mad. He was informed that he was not mad. He said: Has he drunk wine ? A person stood up and smelthis breath but noticed no smell of wine. Thereupon Allah's Messenger (may peacebe upon him) said: Have you committed adultery ? He said : Yes. He made pronouncement about him and he was stoned to death. The people had been (divided) into twogroups about him (Ma'iz). One of them said : He has been undone for his sins had encompassed him, whereas another said : There is no repentance more excellent than therepentance of Ma'iz, for he came to Allah's Apostle (may peace be upon him) andplacing his hand in his (in the Holy Prophet's) hand said : Kill me with stones. (Thiscontroversy about Ma'iz) remained for two or three days. Then came Allah's Messenger(may peace be upon him) to them (his Companions) as they were sitting. He greetedthem with salutation and then sat down and said: Ask forgiveness for Ma'iz b. Malik.They said : May Allah forgive Ma'iz b. Malik. Thereupon Allah's Messenger (may peacebe upon him) said : He (Ma'iz) has made such a repentance that if that were to bedivided among a people, it would have been enough for all of them. He (the narrator)said : Then a woman of Ghamid, a branch of Azd, came to him and said: Messenger ofof Allah, purify me, whereupon he said : Woe be upon you ; go back and beg forgiveness from Allah and turn to Him in repentance. She said : I find that you intend tosend me back as you sent back Ma'iz. b. Malik. He (the Holy, Prophet) said : What hashappened to you ? She said that she had become pregnant as a result of fornication.He (the Holy Prophet) said : Is it you (who has done that) ? She said : Yes. He (theHoly Prophet) said to her : (You will not be punished) until you deliver what is therein your womb. One of the Ansar became responsible for her until she was delivered (ofthe child). He (that Ansari) came to Allah's Apostle (may peace be upon him) and saidthe woman of Ghamid has given birth to a child. He (the Holy Prophet) said : In thatcase we shall not stone her and so leave her infant with none to suckle him.One of the Ansar got up and said : Allah's Apostle, let the responsibility of his suckling be upon me. She was then stoned to death.
Book 17, Number 4207:'Abdullah b. Buraida reported on the authority of his father that Ma'iz b.Malik al-Aslami came to Allah's Messenger (may peace be upon him) and said : Allah'sMessenger, I have wronged myself ; I have committed adultery and I earnestly desirethat you should purify me. He turned him away. On the following day, he (Ma'iz)again came to him and said : Allah's Messenger, I have committed adultery. Allah'sMessenger (may peace be upon him) turned him away for the second time, and senthim to his people saying: Do you know if there is anything wrong with his mind.They denied of any such thing in him and said: We do not know him but as a wisegood man among us, so far as we can judge. He (Ma'iz) came for the third time, andhe (the Holy Prophet) sent him as he had done before. He asked about him and theyinformed him that there was nothing wrong with him or with his mind. When it wasthe fourth time, a ditch was dug for him and he (the Holy Prophet) pronounced judg-ment about him and he wis stoned. He (the narrator) said : There came to him (theHoly Prophet) a woman from Ghamid and said : Allah's Messenger, I have committedadultery, so purify me. He (the Holy Prophet) turned her away. On the following dayshe said : Allah's Messenger, Why do you turn me away ? Perhaps, you turn me away asyou turned away Ma'iz. By Allah, I have become pregnant. He said: Well, if you insistupon it, then go away until you give birth to (the child). When she was delivered shecame with the child (wrapped) in a rag and said : Here is the child whom I have givenbirth to. He said : Go away and suckle him until you wean him. When she had weanedhim, she came to him (the Holy Prophet) with the child who was holding a piece ofbread in his hand. She said : Allah's Apostle, here is he as I have weaned him and he eatsfood. He (the Holy Prophet) entrusted the child to one of the Muslims and thenpronounced punishment. And she was put in a ditch up to her chest and he commanded people and they stoned her. Khalid b Walid came forward with a stonewhich he flung at her head and there spurted blood on the face of Khalid and so heabused her. Allah's Apostle (may peace be upon him) heard his (Khalid's) curse thathe had huried upon her. Thereupon he (the Holy Prophet) said: Khalid, be gentle. ByHim in Whose Hand is my life, she has made such a repentance that even if a wrongfultax-collector were to repent, he would have been forgiven. Then giving commandregarding her, he prayed over her and she was buried.
Book 17, Number 4208:Imran b. Husain reported that a woman from Juhaina came to Allah'sApostle (may peace be upon him) and she had become pregnant because of adultery.She said: Allah's Apostle, I have done something for which (prescribed punishment)must be imposed upon me, so impose that. Allah's Apostle (may peace be upon him)called her master and said: Treat her well, and when she delivers bring her to me. Hedid accordingly. Then Allah's Apostle (may peace be upon him) pronounced judgmentabout her and her clothes were tied around her and then he commanded and she wasstoned to death. He then prayed over her (dead body). Thereupon Umar said to him:Allah's Apostle, you offer prayer for her, whereas she had committed adultery ! Thereuponhe said: She has made such a repentance that if it were to be divided amongseventy men of Medina, it would be enough. Have you found any repentance betterthan this that she sacr ficed her life for Allah, the Majestic?
Book 17, Number 4209:This hadith has been transmitted on the authority of Yahya b. AbuKathir.
Book 17, Number 4210:Abu Huraira and Zaid b Khalid al-Juhani reported that one of the deserttribes came to Allah's Messenger (may peace be upon him) and said: Messenger ofAllah, I beg of you in the name of Allah that you pronounce judgment about meaccording to the Book of Allah. The second claimant who was wiser than him said:Well, decide amongst us according to the Book of Allah, but permit me (to saysomething). Thereupon Allah's Messenger (may peace be upon ham) said: Say. Hesaid: My son was a servant in the house of this person and he committed adulterywith his wife. I was informed that my son deserved stoning to death (as punishmentfor this offence). I gave one hundred goats and a slave girl as ransom for this. I askedthe scholars (if this could serve as an expiation for this offence). They informed methat my son deserved one hundred lathes and exile for one year. and this womandeserved stoning (as she was married). Thereupon Allah's Messenger (may peace heupon him) said: By Him in Whose Hand is my life. I will decide between you accordingto the Book of Allah. The slave-girl and the goats should be given back, andyour son is to be punished with one hundred lashes and exile for one year. And, OUnais (b. Zuhaq al-Aslami), go to this woman in the morning, and if she makes aconfession, then stone her. He (the narrator) said: He went to her in the morningand she made a confession. And Allah's Messenger (may peace be upon him) madepronouncement about her and she was stoned to death.
This hadith has been narrated on the authority of Zuhri with the samechain of transmitters.
Book 17, Number 4212:Abdullah b. 'Umar reported that a Jew and a Jewess were brought toAllah's Messenger (may peace be upon him) who had committed adultery. Allah'sMessenger (may peace be upon him) came to the Jews and said: What do you find inTorah for one who commits adultery? They said: We darken their faces and makethem ride on the donkey with their faces turned to the opposite direction (and theirbacks touching each other), and then they are taken round (the city). He said: BringTorah if you are truthful. They brought it and recited it until when they came to theverse pertaining to stoning, the person who was reading placed his hand on the versepertaining to stoning, and read (only that which was) between his hands and whatwas subsequent to that. Abdullah b. Salim who was at that time with the Messengerof Allah (may peace be upon him) said: Command him (the reciter) to lift his hand.He lifted it and there was, underneath that, the verse pertaining to stoning. Allah'sMessenger (may peace be upon him) pronounced judgment about both of them andthey were stoned. Abdullah b. 'Umar said: I was one of those who stoned them, and I saw him (the Jew) protecting her (the Jewess) with his body.
Book 17, Number 4213:Ibn Umar reported that Allah's Messenger (may peace be upon him) stonedto death the Jews, both male and female, who had committed adultery. The Jewsbrought them to Allah's Messenger (may peace he upon him). The rest of the hadithis the same.
Book 17, Number 4214:Ibn 'Umar reported that the Jews brought to Allah's Messenger (may peacebe upon him) a man and a woman who had committed adultery. The rest of thehadith is the same.
Book 17, Number 4215:Al-Bara' b. 'Azib reported: There happened to pass by Allah's Apostle(may peace be upon him) a Jew blackened and lashed. Allah's Apostle (may peace beupon him) called them (the Jews) and said: Is this the punishment that you find inyour Book (Torah) as a prescribed punishment for adultery ? They said: Yes. He (theHoly Prophet) called one of the scholars amongst them and said: I ask you in thename of Allah Who sent down the Torah on Moses if that is the prescribed punishmentfor adultery that you find in your Book. He said: No. Had you not asked me in thename of Allah, I would not have given you this information. We find stoning to death(as punishment prescribed in the Torah). But this (crime) became quite commonamongst our aristocratic class. So when we caught hold of any rich person (indulgingin this offence) we spared him, but when we caught hold of a helpless person weimposed the prescribed punishment upon him. We then said : Let us argree (on apunishment) which we can inflict both upon the rich and the poor. So We decided toblacken the face with coal and flog as a substitute punishment for stoning. ThereuponAllah's Messenger (may peace be upon him) said: O Allah, I am the first to reviveThy command when they had made it dead. He then commanded and he (the offender)was stoned to death. Allah, the Majestic and Glorious, sent down (this verse): "OMessenger, (the behaviour of) those who vie with one another in denying the truthshould not grieve you . .." up to "is vouchsafed unto you, accept it" (v. 41)2176 It wassaid (by the Jews): Go to Muhammad; it he commands you to blacken the face and awardflogging (as punishment for adultery), then accept it, but it he gives verdict forstoning, then avoid it. It was (then) that Allah, the Majestic and Great, sent down(these verses): "And they who do not judge in accordance with what Allah hasrevealed are, indeed, deniers of the truth" (v. 44); "And they who do not judge inaccordance with what Allah has revealed-they, they indeed are the wrongdoers"(v. 45) ; "And they who do not judge in accordance with what God has revealed-theyare the iniquitous (v. 47). (All these verses) were revealed in connection with thenon-believers.
Book 17, Number 4216:This hadith has been narrated on the authority of A'mash up to thewords: "Allah's Apostle (may peace be upon him) pronounced judgment and he wasstoned (to death) " And he mentioned nothing subsequent to that pertaining to therevelation of verses.
Book 17, Number 4217:Jabir b.'Abdullah reported that Allah's Apostle (may peace be upon him)stoned (to death) a person from Banu Aslam, and a Jew and his wife.
Book 17, Number 4218:This hadith has been transmitted on the authority of Juraij with a slightvariation of words.
Book 17, Number 4219:Abu Ishaq Shaibani said: I asked 'Abdullah b. Abu Aufi if Allah'sMessenger (may peace be upon him) awarded (the punishment) of stoning (to death).He said: Yes. I said: After Sura al-Nur was revealed or before that ? He said: Ido not know.
Book 17, Number 4220:Abu Huraira reported that he heard Allah's Messenger (may peace be uponhim) as saying: When the slave-woman of any of you commits adultery and this(offence of hers) becomes clear, she should be flogged (as the presribed) punishment,but hurl no reproach at her. If she commits adultery again, she should (again bepunished) by flogging, but hurl no reproach upon her. It she commits fornication forthe third time. and it becomes clear, then he should sell her, even if only for a ropeof hair.
Book 17, Number 4221:This hadith his been narrated on the authority of Abu Huraira throughanother chain of transmitters with a slight variation of words.
Book 17, Number 4222:Abu Huraira reported that Allah's Messenger (may peace be upon him) wasasked about the slave-woman who committed adultery and was not protected (married).He said: If she commits adultery, then flog her and it she commits adultery again,then flog her and then sell her even for a rope. Ibn Shihab said: I do not knowwhether he said this (his statement pertaining to the sale of slave-woman) at thethird or the fourth time. Ibn Shihab said that the word) dafir (used in the text)means rope.
Book 17, Number 4223:This hadith has been narrated on the authority of Abu Huraira and Zaidb. Khalid al-Jubani, but in this no merition is made of the words of Ibn Shihab thatdafir means rope.
This hadith has been transmitted on the authority of Abu Huraira and Zaidb. Khalid al-Juhani in the same way as transmitted by Malik with this (difference)tnat there is a doubt whether her sale (that of the slave-girl committing adultery) wasmentioned after the third or the fourth time.
Book 17, Number 4225:Abd al-Rahman reported that 'Ali, while delivering the address said: Opeople, impose the prescribed punishment upon your slaves, those who are marriedand those not married, for a slave-woman belonging to Allah's Messenger (may peacebe upon him) had committed adultery, and he committed me to flog her. But she hadrecently given birth to a child and I was afraid that if I flogged her I might kill her.So I mentioned that to Allah's Apostle (may peace be upon him) and he said: Youhave done well.
This hadith has been narrated on the authority of as-Suddi with the samechain of trznsmitters, but he did not mention: "Those who are married and those whoare not married." There is also an addition in it:"I spare her until she is all right."
Book 17, Number 4227:Anas b. Malik reported that a person who had drink wine was brought toAllah's Apostle (may peace be upon him). He gave him forty stripes with two lashes.Abu Bakr also did that, but when Umar (assumed the responsibilities) of the Caliphate,he consulted people and Abd al-Rahman said: The mildest punishment (fordrinking) is eighty (stripes) and 'Umar their prescribed this punishment.
Book 17, Number 4228:This hadith has been narrated on the authority of Anas through anotherchain of transmitters.
Book 17, Number 4229:Anas b. Malik reported that Allah's Apostle (may peace be upon him) gavea beating with palm branches and shoes, and that Abu Bakr gave forty lashes. WhenUmar (became the Commander of the Faithful) and the people went near to pasturesand towns, he said (to the Companions of the Holy Prophet). What is your opinionabout lashing for drinking? Thereupon Abd al-Rahman b. Auf said: My opinion isthat you fix it as the mildest punishment. Then 'Umar inflicted eighty stripes.
Book 17, Number 4230:This hadith has been narrated on the authority of Hisham with the samechain of transmitters.
Book 17, Number 4231:Anas reported that Allah's Apostle (may peace be upon him) used to strikeforty times with shoes and palm branches (in case of drinking of) wine. The rest of thehadith is the same and there is no mention of pastures and towns.
Book 17, Number 4232:Hudain b. al-Mundhir Abu Sasan reported: I saw that Walid was brought toUthmin b. 'Affan as he had prayed two rak'ahs of the dawn prayer, and then he said:I make an increase for you. And two men bore witness against him. One of them wasHumran who said that he had drunk wine. The second one gave witness that he hadseen him vomiting. Uthman said: He would not have vomited (wine) unless he haddrunk it. He said: 'Ali, stand up and lash him. 'Ali said: Hasan, stand up and lashhim. Thereupon Hasan said: Let him suffer the heat (of Caliphate) who has enjoyed itscoolness. ('Ali felt annoyed at this remark) and he said: 'Abdullah b. Ja'far, stand upand flog him, and he began to flog him and 'Ali counted the stripes until these wereforty. He (Hadrat 'Ali) said: Stop now, and then said: Allah's Apostle (may peace beupon him) gave forty stripes, and Abu Bakr also gave forty stripes, and Umar gaveeighty stripes, and all these fall under the category of the Sunnab, but this one (fortystripes) is dearer to me.
Book 17, Number 4233:Ali reported: If I impose Hadd on anyone, and he (in course of punish ment)dies, I would not mind except in case of a drunkard. If he dies. I would payindemnity for him because the Messenger of Allah (may peace be upon him) has laiddown no rule for it.
This hadith is narrated on the authority of Sufyan.
Abu Barda Ansari reported Allah's Messenger (may peace be upon him) assaying: None should be given more than ten lashes, but in case of any Hadd out ofthe Huded of Allah.
Book 17, Number 4236:Ubida b. as-Samit reported: While we were in the company of Allah'sMessenger (may peace be upoi him) he said: Swear allegiance to me that you will notassociate anything with Allah, that you will not commit adultery, that you will notsteal, that you will not take any life which it is forbidden by Allah to take butwith (legal) justification; and whoever among you fulfils it, his reward is with Allahand he who commits any such thing and is punished for it, that will be all atonementfor it And if anyone commits anything and Allah conceals (his faultfls), his matterrests with Allah. He may forgive if He likes, and He may punish him if He likes.
Book 17, Number 4237:This hadith has been narrated on the authority of Zuhri with the samechain of transmitters with this addition: "He recited to us the verse pertaining towomen, viz, that they will not associate anything with Allah.
Book 17, Number 4238:'Ubida b. as-Samit reported: Allah's Messenger (may peace be upon him)took (a pledge) from us as he took from the women that we will not associate anythingwith Allah and we will not steal, and we will not commit adultery, and we willnot kill our children, and we will not bring calumny upon one another. And he whoamongst you fulfils (this pledge), his reward rests with Allah , and he upon whomamongst you is imposed the prescribed punishment and that is carried out, that ishis expiation (for that sin), and he whose (sins) were covered by Allah, his matter restswith Allah. He may punish him if He likes or may forgive him if He so likes.
Ubida b. as-Samit repnrted: I was one of those headmen who swore allegianceto Allah's Messenger (may peace be upon him) that we will not associate anythingwith Allah, and will not commit adultery, and will not steal, and will not kill anysoul which Allah has forbidden, but with justice nor plunder, nor disobey (Allah andHis Apostle), then Paradise (will be the reward) in case we do these (acts); and if wecommit any outrage (and that goes unpunished in the world), it is Allah Who woulddecide about it. Ibn Rumh said: Its judgment lies with Allah.
Book 17, Number 4240:Abu Huraira reported Allah's Messenger (may peace be upon him) as saying:No requital is payable for a wound caused by an animal, for (falling into) awell and a mine, and one-fifth (is the share of the government) in the buried treasure(treasure-trove).
Book 17, Number 4241:A hadith like this has been transmitted on the authority of Zuhri.
Book 17, Number 4242:A hadith like this has been transmitted on the authority of Abu Huraira.
Book 17, Number 4243:Abu Huraira reported Allah's Messenger (may peace be upon him) as saying:The wound caused (by falling) in the well, in the mine, and caused bv the animalhas no requital for it ; and there is one-fifth (for the government) in the buriedtreasure.
A hadith like this has been transmitted on the authority of Abu Huraira.
