Sharhu Sunnah : Lesson 31 : Point 40
Shaykh Fawzan | Dawud Burbank [Audio|English]
Imaam Barbahaaree rahimahullaah said:
والصلاة على من مات من أهل القبلة سنة والمرجوم والزاني والزانية والذي يقتل نفسه وغيره من أهل القبلة والسكران وغيرهم الصلاة عليهم سنة
And to pray over whoever dies from the People of the Qiblah is the Sunnah and over the one who has been stoned to death and the male fornicator and the female fornicator and the one who commits suicide and other than him from the People of the Qiblah and the drunkard and other than them, the funeral prayer over them is the Sunnah.
This is just as has preceded that whoever manifests eemaan and Islaam, we pray funeral prayer over him and he is from the People of the Qiblah and they are those who pray towards the Ka’bah (the direction of prayer of the Muslims), those people we deal with them in accordance with what is apparent so we judge them to be Muslims and we treat them as we treat the Muslims whilst they are alive and when they are dead.
His saying, “and likewise the one who has been stoned to death and the male fornicator and the female fornicator and the one who has committed suicide and other than him from the People of the Qiblah”, the sinful believer who does not exit from Islaam on account of his major sin is treated as a Muslim and supplication is made for him just like the person who commits suicide and just like the one who is stoned for fornication and the Prophet sallAllaahu `alayhi wa sallam prayed funeral prayer over those who were stoned to death. He prayed over Maa`iz radiyAllaahu `anhu and over Al-Ghaamidiyyah; the woman of the Ghaamidiyyah tribe radiyAllaahu `anhaa. 
And he sallAllaahu `alayhi wa sallam would withhold from praying over some people such as the one who committed suicide and such as the person who misappropriated something from the booty in Allaah’s cause in order to discipline the people not because he was a disbeliever and therefore he gave permission to the companions to pray upon him and he did not prevent them from prayer over him because he is still a Muslim.
His saying, “and the drunkard and other than them, the prayer over them is Sunnah”, the one who drinks alcohol is a faasiq (sinner), the hadd (prescribed punishment) is established upon him. However, he does not exit from Islaam. So, if he dies then he is prayed over even if he used to drink alcohol because he is still from the People of the Qibla.
And his saying, “it is the Sunnah”, meaning it is from the Sunnah of the Messenger sallAllaahu `alayhi wa sallam, which it is obligatory to follow.
 This incident of Maa`iz with the long story connected to it; he came and he admitted what he had done and sought that he should be stoned to death is reported in Al-Bukhaariyy (6,820) in the book of hudood (prescribed punishments), Chapter 25 ‘Stoning to Death at the Musallaa (outdoor place of prayer)’ from the hadeeth of Jaabir.
Side point: contains the wording there when it mentions his story and that he was stoned to death and then at the end of it occurs that the Prophet sallAllaahu `alayhi wa sallam prayed over him.
Side point: Shaykh Al-Albaaniyy said with regard to that wording there it is quoted at the end of the narration in a disconnected form and Shaykh Al-Albaaniyy said in Irwa` Al Ghalil Volume 7, page 353 that this narration is actually shaaddah (contrary to what’s authentic) that the fact that the Prophet sallAllaahu `alayhi wa sallam himself prayed over Maa`iz is contrary to the correct reports. It’s only reported by one narrator Mahmood ibn Gheelaan to the exclusion of all other narrators of this hadeeth and Al-Haafidh ibn Hajar mentions their names in Fathul Baari Volume 12, page 115-116. Likewise, in addition Aboo Daawood reports in his Sunan hadeeth 3,186 from Aboo Burdah Al-Aslami that Allaah’s Messenger sallAllaahu `alayhi wa sallam did not pray over Maa`iz ibn Malik and he did not forbid prayer over him. Shaykh Al-Albaaniyy said this report by Aboo Daawood is hasan, saheeh (good, authentic), Allaahu A’lam.
 This hadeeth that she was stoned to death and the Prophet sallAllaahu `alayhi wa sallam prayed over her, hadeeth being reported by Muslim (1,695) from hadeeth of Buraydah radiyAllaahu `anh.
 Side point: Shaykh as-Suhaymee hafizahullaah said,
“The author affirming that the prayer is said over all of them, there is tafseel (detail) here that needs to be mentioned, which is that he is to be prayed over by everyone except for the Imaam (ruler) because it is not befitting that the ruler should pray over those people so that the sinful people should not become emboldened to commit those sins and crimes. Rather, what is befitting is that they should be deterred from that. So, the ruler should not pray the funeral prayer over them. Rather, his deputy should pray over him so that the people should know that the ruler not praying over those people who have died, they should recognise it, it will be a deterrent for them and the people should recognise how despicable that action is, which has led the ruler to stay back from praying the funeral prayer over him. As for the rest of the nation then they should pray over those people.”
Transcribed by Saima Zaher.
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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