'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.
'A'isha reported: I heard 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 what is above
that.
'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 and upwards.
'A'isha reported that during the lifetime of Allah's
Messenger (may peace be 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.
This hadith has been narrated on the authority of
Hisham through another chain of transmitters, and in the
hadith narrated by 'Abd al-Rahim and Abu Usama (the words
are):" That (the shield) was valuable those days."
Ibn 'Umar reported that Allah's Messenger (may peace
upon him) cut off the hand of a thief (in case of the
theft) of a shield the price of which was three dirhams.
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 cut off, and
steals a rope and his hand is cut off.
'A'isha reported that the Quraish had been anxious
about the Makhzumi woman who had committed theft, and
said: Who will speak to Allah's Messenger (may peace be
upon him) about her? They said: Who dare it, but Usama,
the loved one of Allah's Messenger (may peace be upon
him)? So Usama spoke to him. Thereupon Allah's Messenger
(may peace be upon him) said: Do you intercede regarding
one of the 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 one of high
rank committed theft amongst them, they spared him; and it
anyone of low rank 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. In the hadith transmitted on the authority of Ibn
Rumh (the words are):" Verily those before you perished."
'A'isha, the wife of Allah's Apostle (may peace be upon
him), reported that the Quraish were concerned about the
woman who had committed theft during the lifetime of
Allah's Apostle (may peace be upon him), in the expedition
of Victory (of Mecca). 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 one of 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
on her 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 of
Allah? He (Usama) said: 'Messenger of Allah, seek
forgiveness for me. When it was dusk. 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 among
them, they spared him, and when any weak one among them
committed theft, they inflicted the prescribed punishment
upon him. By Him in Whose Hand is my life, even if Fatima
daughter of Muhammad were to commit theft, I would have
cut off her hand. 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 good
respentance, and she later on married and used to come to
me after that, and I conveyed her needs (and problems) to
Allah's Messenger (may peace be upon him).
'A'isha reported that a woman from the tribe of Makhzum
used to borrow things (from people) and then denied
(having taken them). Allah's Apostle (may peace be upon
him) commanded her hand to be cut off. Her relatives came
to Usama b. Zaid and spoke to him (requesting him to
intercede on her behalf). He spoke to Allah's Messenger
(may peace be upon him) about her. The rest of the hadith
is the same.
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 were Fatima, I would have
her hand cut off. And thus her hand was cut off.
Chapter 3: PRESCRIBED PUNISHMENT FOR AN ADULTERER
AND AN ADULTERESS
'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 ordained a 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 shall
receive one hundred lashes and be stoned to death.
'Ubada b. as-Samit reported that whenever Allah's
Apostle (may peace be upon him) received revelation, he
felt its rigour and the complexion of his face changed.
One day revelation descended upon him, he felt the same
rigour. When it was over and he felt relief, he said: Take
from me. Verily Allah has ordained a way for them (the
women who commit fornication),: (When) a married man
(commits adultery) with a married woman, and an unmarried
male with an unmarried woman, then in case of married
(persons) there is (a punishment) of one hundred lashes
and then stoning (to death). And in case of unmarried
persons, (the punishment) is one hundred lashes and exile
for one year.
This hadith has been reported on the authority of
Qatada with the same chain of transmitters except with
this variation that the unmarried is to be lashed and
exiled, and the married one is to be lashed and stoned.
There is neither any mention of one year nor that of one
hundred.
'Abdullah b. 'Abbas reported that 'Umar b. Khattab sat
on the pulpit of Allah'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
the verse 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 upon him)
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 that with the lapse
of time, the people (may forget it) and may say: We do not
find the punishment of stoning in the Book of Allah, and
thus go astray by abandoning this duty prescribed by
Allah. Stoning is a duty laid down in Allah's Book for
married men and women who commit adultery when proof is
established, or it there is pregnancy, or a confession.
Abu Huraira reported that a person from amongst the
Muslims came to Allah's Messenger (may peace be upon him)
while he was in the mosque. He called him saying: Allah's
Messenger. I have committed adultery. He (the Holy
Prophet) turned away 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 four times, and as he testified four
times against his own self, Allah's Messenger (may peace
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 upon him) said:
Take him and stone him. Ibn Shihab (one of the narrators)
said: One who had heard Jabir b. 'Abdullah saying this
informed me thus: I was one of those who stoned him. We
stoned him at the place of prayer (either that of 'Id or a
funeral). When the stones hurt him, he ran away. We caught
him in the Harra and stoned him (to death). This hadith
has been narrated through another chain of transmitters.
Jabir b. Samura reported: As he was being brought to
Allah's Apostle (may peace 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 he had 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 of Allah, one of you lagged behind and shrieked
like the bleating of a male goat, and gave a small
quantity of milk. By Allah, in case I get hold of him, I
shall certainly punish him.
Jabir b. Samura reported that there was brought to
Allah's Messenger (may peace 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 away twice and then made pronouncement about him and
he was stoned. Then Allah's Messenger (may peace be upon
him) said: We set out for Jihad in the cause of Allah and
one of you lagged behind and shrieked like the bleating of
a male goat and one of then (goats' gave a small quantity
of milk. In case Allah gives me power over one of them, I
will punish him (in such a way that it may have a
deterrent effect upon others). In another narration
transmitted on the authority of Sa'id b Jubair (the words
are), that He (the Holy Prophet) turned him away four
times."
This hadith has been narrated on the authority of Jabir
b. Samura through another chain of transmitters with the
difference that along with the mentioning (of the fact)
that he (the Holy Prophet) turned him away twice, or
thrice.
Ibn Abbas reported that Allah's Apostle (may peace be
upon him) said to Ma'iz b. Malik: Is it true what has
reached me about you? He said: What has reached you about
me? He said: It has reached me that you have committed
(adultery) with the slave-girl of so and so? He said: Yes.
He (the narrator) said: He testified four times. He (the
Holy Prophet) then made pronouncement about him and he was
stoned (to death).
Abu Sa'id reported that a person belonging to the clan
of Aslam, who was called Ma, iz b. Malik, came to Allah's
Messenger (may peace be upon him) and said: I have
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 except that he has committed something
about which he thinks that he would not be able to relieve
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 stone him. We took him to
the Baqi' al-Gharqad (the graveyard of Medina). We neither
tied him 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)
and stopped there and we stoned him with heavy stones of
the Harra until he became motionless (lie died). He (the
Holy Prophet) then addressed (us) in the evening saying
Whenever we set forth on an expedition in the cause of
Allah, some one of those connected with us shrieked (under
the pressure of sexual lust) as the bleating of a male
goat. It is essential that if a person having committed
such a deed is brought to me, I should punish him. He
neither begged forgiveness for him nor cursed him.
Dawud narrated the hadith with the same chain of
transmitters (and the words 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 shrieked
like the bleating of a male goat? But he did not mention
(these words): People connected with us."
This hadith has been narrated on the authority of Dawud
with the same chain 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."
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 of Allah,
purify me, whereupon he said: Woe be upon you, go back,
ask forgiveness of Allah and turn to Him in repentance. He
(the narrator) said that he went back not far, 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 Allah and turn to Him in
repentance. He (the narrator) said that he went back not
far, when he came and said: Allah's Messenger, purify me.
Allah's Apostle (may peace be upon him) 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 smelt his breath but noticed no
smell of wine. Thereupon Allah's Messenger (may peace be
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 two groups 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 the repentance of Ma'iz,
for he came to Allah's Apostle (may peace be upon him) and
placing his hand in his (in the Holy Prophet's) hand said:
Kill me with stones. (This controversy 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 greeted them 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 peace be upon him) said: He (Ma'iz)
has made such a repentance that if that were to be divided
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 of of 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 to send me back as you
sent back Ma'iz. b. Malik. He (the Holy, Prophet) said:
What has happened 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
(the Holy Prophet) said to her: (You will not be punished)
until you deliver what is there in your womb. One of the
Ansar became responsible for her until she was delivered
(of the child). He (that Ansari) came to Allah's Apostle
(may peace be upon him) and said the woman of Ghamid has
given birth to a child. He (the Holy Prophet) said: In
that case 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.
'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's
Messenger, I have wronged myself; I have committed
adultery and I earnestly desire that 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's Messenger (may peace be upon him) turned
him away for the second time, and sent him 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 wise good man among us, so far as we
can judge. He (Ma'iz) came for the third time, and he (the
Holy Prophet) sent him as he had done before. He asked
about him and they informed him that there was nothing
wrong with him or with his mind. When it was the 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 (the Holy Prophet) a
woman from Ghamid and said: Allah's Messenger, I have
committed adultery, so purify me. He (the Holy Prophet)
turned her away. On the following day she said: Allah's
Messenger, Why do you turn me away? Perhaps, you turn me
away as you turned away Ma'iz. By Allah, I have become
pregnant. He said: Well, if you insist upon it, then go
away until you give birth to (the child). When she was
delivered she came with the child (wrapped) in a rag and
said: Here is the child whom I have given birth to. He
said: Go away and suckle him until you wean him. When she
had weaned him, she came to him (the Holy Prophet) with
the child who was holding a piece of bread in his hand.
She said: Allah's Apostle, here is he as I have weaned him
and he eats food. He (the Holy Prophet) entrusted the
child to one of the Muslims and then pronounced
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 stone which he flung at her head and
there spurted blood on the face of Khalid and so he abused
her. Allah's Apostle (may peace be upon him) heard his (Khalid's)
curse that he had huried upon her. Thereupon he (the Holy
Prophet) said: Khalid, be gentle. By Him in Whose Hand is
my life, she has made such a repentance that even if a
wrongful tax-collector were to repent, he would have been
forgiven. Then giving command regarding her, he prayed
over her and she was buried.
Imran b. Husain reported that a woman from Juhaina came
to Allah's Apostle (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. He did accordingly. Then Allah's Apostle (may peace
be upon him) pronounced judgment about her and her clothes
were tied around her and then he commanded and she was
stoned 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!
Thereupon he said: She has made such a repentance that if
it were to be divided among seventy men of Medina, it
would be enough. Have you found any repentance better than
this that she sacr ficed her life for Allah, the Majestic?
Abu Huraira and Zaid b Khalid al-Juhani reported that
one of the desert tribes came to Allah's Messenger (may
peace be upon him) and said: Messenger of Allah, I beg of
you in the name of Allah that you pronounce judgment about
me according 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 say something).
Thereupon Allah's Messenger (may peace be upon ham) said:
Say. He said: My son was a servant in the house of this
person and he committed adultery with his wife. I was
informed that my son deserved stoning to death (as
punishment for this offence). I gave one hundred goats and
a slave girl as ransom for this. I asked the scholars (if
this could serve as an expiation for this offence). They
informed me that my son deserved one hundred lathes and
exile for one year. and this woman deserved stoning (as
she was married). Thereupon Allah's Messenger (may peace
he upon him) said: By Him in Whose Hand is my life. I will
decide between you according to the Book of Allah. The
slave-girl and the goats should be given back, and your
son is to be punished with one hundred lashes and exile
for one year. And, O Unais (b. Zuhaq al-Aslami), go to
this woman in the morning, and if she makes a confession,
then stone her. He (the narrator) said: He went to her in
the morning and she made a confession. And Allah's
Messenger (may peace be upon him) made pronouncement about
her and she was stoned to death.
Abdullah b. 'Umar reported that a Jew and a Jewess were
brought to Allah's Messenger (may peace be upon him) who
had committed adultery. Allah's Messenger (may peace be
upon him) came to the Jews and said: What do you find in
Torah for one who commits adultery? They said: We darken
their faces and make them ride on the donkey with their
faces turned to the opposite direction (and their backs
touching each other), and then they are taken round (the
city). He said: Bring Torah if you are truthful. They
brought it and recited it until when they came to the
verse pertaining to stoning, the person who was reading
placed his hand on the verse pertaining to stoning, and
read (only that which was) between his hands and what was
subsequent to that. Abdullah b. Salim who was at that time
with the Messenger of 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's Messenger (may peace be upon him)
pronounced judgment about both of them and they 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.
Ibn Umar reported that Allah's Messenger (may peace be
upon him) stoned to death the Jews, both male and female,
who had committed adultery. The Jews brought them to
Allah's Messenger (may peace he upon him). The rest of the
hadith is the same.
Ibn 'Umar reported that the Jews brought to Allah's
Messenger (may peace be upon him) a man and a woman who
had committed adultery. The rest of the hadith is the
same.
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 be upon him) called
them (the Jews) and said: Is this the punishment that you
find in your Book (Torah) as a prescribed punishment for
adultery? They said: Yes. He (the Holy Prophet) called one
of the scholars amongst them and said: I ask you in the
name of Allah Who sent down the Torah on Moses if that is
the prescribed punishment for adultery that you find in
your Book. He said: No. Had you not asked me in the name
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 common amongst our
aristocratic class. So when we caught hold of any rich
person (indulging in this offence) we spared him, but when
we caught hold of a helpless person we imposed the
prescribed punishment upon him. We then said: Let us
argree (on a punishment) which we can inflict both upon
the rich and the poor. So We decided to blacken the face
with coal and flog as a substitute punishment for stoning.
Thereupon Allah's Messenger (may peace be upon him) said:
O Allah, I am the first to revive Thy 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):" O Messenger, (the behaviour of)
those who vie with one another in denying the truth should
not grieve you..." up to" is vouchsafed unto you, accept
it" (v. 41) 2176 It was said (by the Jews): Go to
Muhammad; it he commands you to blacken the face and award
flogging (as punishment for adultery), then accept it, but
it he gives verdict for stoning, 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 has revealed are, indeed, deniers of the
truth" (v. 44) ;" And they who do not judge in accordance
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-they are the
iniquitous (v. 47). (All these verses) were revealed in
connection with the non-believers.
This hadith has been narrated on the authority of
A'mash up to the words:" Allah's Apostle (may peace be
upon him) pronounced judgment and he was stoned (to
death)" And he mentioned nothing subsequent to that
pertaining to the revelation of verses.
Abu Ishaq Shaibani said: I asked 'Abdullah b. Abu Aufi
if Allah's Messenger (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: I
do not know.
Abu Huraira reported that he heard Allah's Messenger
(may peace be upon him) 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 be punished) by
flogging, but hurl no reproach upon her. It she commits
fornication for the third time. and it becomes clear, then
he should sell her, even if only for a rope of hair.
Abu Huraira reported that Allah's Messenger (may peace
be upon him) was asked 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 know whether he said this
(his statement pertaining to the sale of slave-woman) at
the third or the fourth time. Ibn Shihab said that the
word) dafir (used in the text) means rope.
This hadith has been narrated on the authority of Abu
Huraira and Zaid b. Khalid al-Jubani, but in this no
merition is made of the words of Ibn Shihab that dafir
means rope.
This hadith has been transmitted on the authority of
Abu Huraira and Zaid b. 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) was mentioned after the third or the
fourth time.
Chapter 7: THE PRESCRIBED PUNISHMENT SHOULD BE
DEFERRED IN CASE OF ONE WHO IS IN A STATE OF PARTURITION
Abd al-Rahman reported that 'Ali, while delivering the
address said: O people, impose the prescribed punishment
upon your slaves, those who are married and those not
married, for a slave-woman belonging to Allah's Messenger
(may peace be upon him) had committed adultery, and he
committed me to flog her. But she had recently 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: You have done well.
This hadith has been narrated on the authority of
as-Suddi with the same chain of trznsmitters, but he did
not mention:" Those who are married and those who are not
married." There is also an addition in it:" I spare her
until she is all right."
Chapter 8: PRESCRIBED PUNISHMENT FOR (DRINKING)
WINE
Anas b. Malik reported that a person who had drink wine
was brought to Allah'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 (for drinking) is eighty (stripes) and
'Umar their prescribed this punishment.
Anas b. Malik reported that Allah's Apostle (may peace
be upon him) gave a beating with palm branches and shoes,
and that Abu Bakr gave forty lashes. When Umar (became the
Commander of the Faithful) and the people went near to
pastures and towns, he said (to the Companions of the Holy
Prophet). What is your opinion about lashing for drinking?
Thereupon Abd al-Rahman b. Auf said: My opinion is that
you fix it as the mildest punishment. Then 'Umar inflicted
eighty stripes.
Anas reported that Allah's Apostle (may peace be upon
him) used to strike forty times with shoes and palm
branches (in case of drinking of) wine. The rest of the
hadith is the same and there is no mention of pastures and
towns.
Hudain b. al-Mundhir Abu Sasan reported: I saw that
Walid was brought to Uthmin 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 was Humran who said that he had drunk wine.
The second one gave witness that he had seen him vomiting.
Uthman said: He would not have vomited (wine) unless he
had drunk it. He said: 'Ali, stand up and lash him. 'Ali
said: Hasan, stand up and lash him. Thereupon Hasan said:
Let him suffer the heat (of Caliphate) who has enjoyed its
coolness. ('Ali felt annoyed at this remark) and he said:
'Abdullah b. Ja'far, stand up and flog him, and he began
to flog him and 'Ali counted the stripes until these were
forty. He (Hadrat 'Ali) said: Stop now, and then said:
Allah's Apostle (may peace be upon him) gave forty
stripes, and Abu Bakr also gave forty stripes, and Umar
gave eighty stripes, and all these fall under the category
of the Sunnab, but this one (forty stripes) is dearer to
me.
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 pay indemnity for
him because the Messenger of Allah (may peace be upon him)
has laid down no rule for it.
Abu Barda Ansari reported Allah's Messenger (may peace
be upon him) as saying: None should be given more than ten
lashes, but in case of any Hadd out of the Huded of Allah.
Ubida b. as-Samit reported: While we were in the
company of Allah's Messenger (may peace be upoi him) he
said: Swear allegiance to me that you will not associate
anything with Allah, that you will not commit adultery,
that you will not steal, that you will not take any life
which it is forbidden by Allah to take but with (legal)
justification; and whoever among you fulfils it, his
reward is with Allah and he who commits any such thing and
is punished for it, that will be all atonement for it And
if anyone commits anything and Allah conceals (his
faultfls), his matter rests with Allah. He may forgive if
He likes, and He may punish him if He likes.
This hadith has been narrated on the authority of Zuhri
with the same chain of transmitters with this addition:"
He recited to us the verse pertaining to women, viz, that
they will not associate anything with Allah.
'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 anything with Allah
and we will not steal, and we will not commit adultery,
and we will not kill our children, and we will not bring
calumny upon one another. And he who amongst you fulfils
(this pledge), his reward rests with Allah, and he upon
whom amongst you is imposed the prescribed punishment and
that is carried out, that is his expiation (for that sin),
and he whose (sins) were covered by Allah, his matter
rests with 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 allegiance to Allah's Messenger (may peace be
upon him) that we will not associate anything with Allah,
and will not commit adultery, and will not steal, and will
not kill any soul which Allah has forbidden, but with
justice nor plunder, nor disobey (Allah and His Apostle),
then Paradise (will be the reward) in case we do these
(acts) ; and if we commit any outrage (and that goes
unpunished in the world), it is Allah Who would decide
about it. Ibn Rumh said: Its judgment lies with Allah.
Chapter 11: IF THE BEAST DOES ANY HARM, OR IF ONE
FALLS IN A MINE OR A WELL, THERE WILL BE NO BLOOD-WIT FOR
THAT
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) a well and a mine,
and one-fifth (is the share of the government) in the
buried treasure (treasure-trove).
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 animal has no
requital for it; and there is one-fifth (for the
government) in the buried treasure.