Sharhu Sunnah : Lesson 28 : Point 33
Shaykh Fawzan | Dawud Burbank [Audio|English]
Imaam Barbahaaree rahimahullaah said:
And stoning is true.
Allaah, the Perfect and Most High, has forbidden some things relating to matters affecting peoples’ honour or relating to dealings and other than that.; and these forbidden matters are divided into categories.
– Forbidden things which are major sins
– Forbidden matters which are lesser sins
And then with regard to the punishment upon the one who commits them, they are divided into three categories.
The first category: forbidden things for which Allaah has laid down prescribed punishments. They are called al-hudood prescribed punishments from the word al-hadd (limit); it means prevention. They are called that because they prevent from falling into these sins.
The second category: forbidden things which Allaah has not laid down prescribed punishments for, however there is ta`zeer (discretionary) punishments for them; and it is left to the discretion of the ruler in accordance with whatever he sees will be a deterrent from them. And this is called ta`zeer and it is a correctional punishment.
The third category: that which does not have a laid down prescribed punishment nor does it have a discretionary punishment from those forbidden things. However, there does occur with regard to it a threat and a mention of anger and curse and Fire and other than that from the types of threat; such as consuming usury and gambling and other than that. With regard to this there is a severe threat which will deter whoever has eemaan (true faith) in his heart. And whoever does not have eemaan in his heart or he is weak in faith, then in front of him there will be a reckoning and a punishment in the Hereafter. So Allaah, the Majestic and Most High, has made forbidden these forbidden matters.
The Prophet sallAllaahu `alayhi wa sallam said:
Allaah made obligatory duties obligatory, so do not neglect them. And He made some things forbidden, so do not commit them. And He remained silent about some things as a mercy upon you, not out of forgetfulness, so do not ask about them. 
And from these prescribed punishments is the prescribed punishment for fornication. And fornication is to commit illicit sexual intercourse in the private part of one not lawful for him, except through correct legislated marriage contract.
He, the Most High, said:
And those who guard their private parts, except upon their wives or the slaves whom their right hands possess. For they are not blameworthy. And whoever seeks something beyond that, then they are the transgressors. (Sooratul- Ma`aarij (70), aayah 29 – 31)
Meaning those who go beyond what is lawful and enter into that which is forbidden. So whoever enters into fornication, then he will be one of two categories. Either if he is a virgin, meaning he has not had relations with a woman in a lawful marriage which kept him chaste, he is a virgin, then his punishment will be that he will be lashed one hundred times.
He, the Most High said:
And the female fornicator and the male fornicator, lash each one of them with a hundred lashes. And let not pity deter you from obedience to Allaah, if you truly believe in Allaah and in the Last Day. And let a group of the believers witness their punishment. (Sooratun-Noor (24), aayah 2)
And there occurs in the authentic Sunnah that he should be exiled, meaning banished from his land where he committed the illicit sexual relations and sent to another land for a the period of one year. He sallAllaahu `alayhi wa sallam said: For a virgin committing it with a virgin, then the punishment is one hundred lashes and exile for one year. 
So exile is confirmed in the Sunnah. As for lashing then it is established in the Qur’aan. And the scholars are agreed in consensus upon lashing, and the majority of them also agree upon exile. This is with regard to the punishment for the virgin.
As for the previously married person, and he is the one who has had relations already with the wife in a correct marriage, and he recognizes the value of peoples honour and the sanctity of peoples honour. And this person, he is stoned with stones until he dies. And this is established in the Qur’aan whose wording was abrogated, but whose ruling remained.
Just as `Umar radiyAllaahu `anhu said upon the mimbar of the Messenger sallAllaahu `alayhi wa sallam,
“The aayah of stoning came down and we comprehended it and we preserved it. And Allaah’s Messenger sallAllaahu `alayhi wa sallam stoned. And I fear that if a time becomes prolonged for the people, that they will start to say, ‘We do not find stoning in the Book of Allaah’. Indeed it is in the Book of Allaah. 
This was Qur’aan whose wording was abrogated, but whose ruling remained. And Allaah’s Messenger sallAllaahu `alayhi wa sallam stoned and he commanded stoning. And the Muslims are agreed in consensus upon that. And no one disagreed about it, except for the people of innovations, those whose disagreement is not taken account of such as the Khawaarij.
So stoning is established in the Book and in the Sunnah of the Prophet sallAllaahu `alayhi wa sallam sayings (Sunnah qawliyyah) and his actions (Sunnah `amaliyyah) and by consensus. So whoever denies it is a disbeliever, because he is denying that which Allaah has said and His Messenger and the consensus of the Muslims. So stoning is established. There is no scope for speech about it. And therefore he stated it here and said “Stoning is true”. This is the creed and belief of the Ahlus-Sunnah wal-Jamaa`ah in refutation of the innovators, those who deny stoning without knowledge and without clear insight, because of their ignorance and because of their childishness in regards to knowledge; and they are relying upon their intellects and their own thinking. And those people are not counted. No notice is taken of them and their sayings are not looked at.
So sometimes an ignorant person can come claiming awareness and to have researched and say, “There is disagreement about this.” So it is said to him, “Is it the case that every disagreement is taken account of?! There are matters of disagreement which are totally discarded and not counted. And from them is this disagreement.
And therefore the writer of the lines of poetry said:
Not every disagreement that comes about is taken account of, except that which has of correct examination.
So the matter is not just claims of disagreement. The matter is one of verification of what is correct and tying it to the proof. So whoever goes against the proof, then he is defeated in the argument and there is no weight given to his disagreeing, and he is not counted.
And Allaah, the Majestic and Most High, says:
So if you disagree about anything, then refer it back to Allaah and the Messenger, if you truly believe in Allaah and the last day, that is the better and finer in its outcome.(Sooratun-Nisaa· (4), aayah 59)
So we do not just remain upon there being disagreement, rather we refer back to the proof, because of His saying, He, the Most High:
Then refer it back to Allaah and the Messenger, if you truly believe in Allaah and in the last day, that is the better and finer regarding its outcome. (Sooratun-Nisaa· (4), aayah 59)
So therefore the author rahimahullaah he stated the issue of stoning even though this book is a book of creeds and beliefs, because it is obligatory to believe in the obligation of stoning; and whoever denies it has become a disbeliever. So therefore he stated it as a refutation of the innovators who deny stoning. 
 This hadeeth occurs as no. 30 in an-Nawawiyy’s Forty Hadeeth. It is reported by at-Tabaraaniyy in alMu`jamul-Kabeer, Ibn Jareer in his Tafseer, ad-Daaraqutniyy in his Sunan, al-Haakim in his Mustadrak, al-Bayhaqiyy in as-Sunanul-Kubraa and others. It was declared hasan good by an-Nawawiyy in RiyaadusSaaliheen.
Translators side point: It occurs as a hadeeth of Aboo Tha`labah al-Khushaniyy radiyAllaahu `anhu and Shaykh al-Albaaniyy rahimahullaah said with regard to this narration in Ghaayatul-Maraam (no. 4), “This narration is actually da`eef (weak). Makhool did not meet Aboo Tha`labah.” However in the same book Shaykh al-Albaaniyy declares hasan (good) the narration which bears some resemblance with this one, which is the hadeeth of Abud-Dardaa· radiyAllaahu `anhu that the Prophet sallAllaahu `alayhi wa sallam said,
“Whatever Allaah made lawful in His book, then it is lawful. And whatever He made forbidden, then it is forbidden. And whatever He remained silent about, then it is pardoned. So accept from Allaah that which He has pardoned for Allaah would not forget anything.”
And he recited:
And your Lord never forgets. (Soorah Maryam (19), aayah 64)
Hadeeth reported by al-Haakim and declared hasan by Shaykh al-Albaaniyy.
 Reported by Muslim in his Saheeh (no. 1690) as a hadeeth of `Ubaadah ibnus-Saamit radiyAllaahu `anhu.
Translator’s side point: You also find that same narration from a different Companion reported by alBukhaariyy, also by Aboo Daawood, at-Timithiyy and Ibn Maajah. This wording actually occurring in the text is the wording of Ibn Maajah. Shaykh al-Albaaniyy declared it likewise saheeh.
 Reported by al-Bukhaariyy in his Saheeh (no. 6829). Also reported by Muslim in his Saheeh (no. 1691) from a narration of `Umar radiyAllaahu `anhu.
 Translator’s side point: Shaykh Ahmad an-Najmiyy rahimahullaah said in his explanation that from the established Sunnah of Allaah’s Messenger sallAllaahu `alayhi wa sallam is that:
Indeed he stoned Maa`iz [reported by al-Bukhaariyy (no. 6824)] and the woman connected with the employee [al-Bukhaariyy (no. 6828)] and the woman of the Juhaniyy tribe, al-Juhaniyyah [Muslim (no. 1696)]. And he stoned two Jews who had committed fornication [al-Bukhaariyy (no. 6841)].
And the Prophet sallAllaahu `alayhi wa sallam passed away and this ruling remained being acted upon. And the khulafaa· stoned after him.”
Ithaaful-Qaaree bit-Ta`leeqaat `alaa Sharhis-Sunnah
(A Gift To The Reader In Annotation Of Sharh As-Sunnah)
by Shaykh Saalih ibn Fowzaan al-Fowzaan hafizahullaah
Translated by Aboo Talhah Daawood Burbank, rahimahullaah
Posted with kind permission from Dawud Burbank rahimahullaah
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