Sahih Muslim 29-The Book of Legal Punishments- كتاب الحدود

'A'isha reported that Allah's Messenger (ﷺ) cut off the hand of a thief for a quarter of a dinar rid upwards.

This hadith has been transmitted on the authority of Zuhri.

The hand of a thief should not be cut off but for a quarter of a dinar and upwards.

I heard Allah's Messenger (ﷺ) as saying: The hand (of a thief) should not be cut off but for a quarter of a dinar and what is above that.

The hand of the thief may not be cut off but for a quarter of a dinar and upwards.

A hadith like this has been narrated on the authority of Yazid b. 'Abdullah b. al-Had with the same chain of transmitters.

'A'isha reported that during the lifetime of Allah's Messenger (ﷺ) 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.

" 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.

This hadith has been narrated on the authority of Ibn 'Umar through some other chains of transmitters but with a slight variation of words.

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.

This hadith is narrated on the authority of A'mash with the same chain of transmitters with a slight variation of words.

Who will speak to Allah's Messenger (ﷺ) about her? They said: Who dare it, but Usama, the loved one of Allah's Messenger (ﷺ)? So Usama spoke to him. Thereupon Allah's Messenger (ﷺ) 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."

Who would speak to Allah's Messenger (ﷺ) about her? They (again) said: Who can dare do this but Usama b. Zaid, the loved one of Allah's Messenger (ﷺ)? She was brought to Allah's Messenger (ﷺ) and Usama b. Zaid spoke about her to him (interceded on her behalf). The color of the face of Allah's Messenger (ﷺ) 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 (ﷺ) 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 repentance, and she later on married and used to come to me after that, and I conveyed her needs (and problems) to Allah's Messenger (ﷺ).

'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 (ﷺ) 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 (ﷺ) about her. The rest of the hadith is the same.

By Allah, even if she were Fatima, I would have her hand cut off. And thus her hand was cut off.

Allah's Messenger (ﷺ) 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.

The above hadith is likewise narrated through another chain of transmitters.

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.

Verily Allah sent Muhammad (ﷺ) 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 (ﷺ) 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.

This hadith has been narrated on the authority of Zuhri with the same chain of transmitters.

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 (ﷺ) called him and said: Are you mad? He said: No. He (again) said: Are you married? He said: Yes. Thereupon Allah's Messenger (ﷺ) said: Take him and stone him.

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.

This hadith has been narrated on the authority of Abu Huraira through other chains of transmitters.

As he was being brought to Allah's Apostle (ﷺ) 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 (ﷺ) 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.

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.

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).

I have committed immorality (adultery), so inflict punishment upon me. Allah's Apostle (ﷺ) 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 (ﷺ) 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.

Allah's Apostle (ﷺ) 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."

" He made a confession of having committed adultery, thrice."

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 (ﷺ) 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 (ﷺ) 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 (ﷺ) 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 (ﷺ) 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 (ﷺ) 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 (ﷺ) 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 (ﷺ) 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 (ﷺ) 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.

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 (ﷺ) 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 (ﷺ) 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.

Allah's Apostle, I have done something for which (prescribed punishment) must be imposed upon me, so impose that. Allah's Apostle (ﷺ) called her master and said: Treat her well, and when she delivers bring her to me. He did accordingly. Then Allah's Apostle (ﷺ) 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?

This hadith has been transmitted on the authority of Yahya b. Abu Kathir.

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 (ﷺ) made pronouncement about her and she was stoned to death.

This hadith has been narrated on the authority of Zuhri with the same chain of transmitters.

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 (ﷺ) 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 (ﷺ) 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 (ﷺ) 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 (ﷺ) a man and a woman who had committed adultery. The rest of the hadith is the same.

There happened to pass by Allah's Apostle (ﷺ) a Jew blackened and lashed. Allah's Apostle (ﷺ) 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 (ﷺ) 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.

" Allah's Apostle (ﷺ) pronounced judgment and he was stoned (to death)" And he mentioned nothing subsequent to that pertaining to the revelation of verses.

Jabir b. 'Abdullah reported that Allah's Apostle (ﷺ) stoned (to death) a person from Banu Aslam, and a Jew and his wife.

This hadith has been transmitted on the authority of Juraij with a slight variation of words.

I asked 'Abdullah b. Abu Aufi if Allah's Messenger (ﷺ) 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.

When the slave-woman of any of you commits adultery and this (offence of hers) becomes clear, she should be flogged (as the prescribed) 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. If she commits fornication for the third time and it becomes clear, then he should sell her, even if only for a rope of hair.

This hadith his been narrated on the authority of Abu Huraira through another chain of transmitters with a slight variation of words.

If she commits adultery, then flog her and if 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.

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 (ﷺ) 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 (ﷺ) and he said: You have done well.

" 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."

The mildest punishment (for drinking) is eighty (stripes) and 'Umar their prescribed this punishment.

This hadith has been narrated on the authority of Anas through another chain of transmitters.

My opinion is that you fix it as the mildest punishment. Then 'Umar inflicted eighty stripes.

This hadith has been narrated on the authority of Hisham with the same chain of transmitters.

Anas reported that Allah's Apostle (ﷺ) 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.

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 (ﷺ) 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.

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 (ﷺ) has laid down no rule for it.

This hadith is narrated on the authority of Sufyan.

None should be given more than ten lashes, but in case of any Hadd out of the Huded of Allah.

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.

" He recited to us the verse pertaining to women, viz, that they will not associate anything with Allah.

Allah's Messenger (ﷺ) 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.

I was one of those headmen who swore allegiance to Allah's Messenger (ﷺ) 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.

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).

A hadith like this has been transmitted on the authority of Zuhri.

A hadith like this has been transmitted on the authority of Abu Huraira.

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.

A hadith like this has been transmitted on the authority of Abu Huraira.