Undesirability of Intercession in Hudud | Riyad-us-Saliheen

Riyāḍ uṣ-Ṣāliḥīn · Chapter 350 of 372

Undesirability of Intercession in Hudud

The Book of the Prohibited Actions – Chapter 350 : Ahadith 1770
Imam Abu Zakariyya Yahya ibn Sharaf an-Nawawi (d. 676 AH)

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1770

🎧 Listen to all hadiths in Arabic Ch 350 H 1770

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Allah, the Exalted says:

ٱلزَّانِيَةُ وَٱلزَّانِي فَٱجۡلِدُواْ كُلَّ وَٰحِدٖ مِّنۡهُمَا مِاْئَةَ جَلۡدَةٖۖ وَلَا تَأۡخُذۡكُم بِهِمَا رَأۡفَةٞ فِي دِينِ ٱللَّهِ إِن كُنتُمۡ تُؤۡمِنُونَ بِٱللَّهِ وَٱلۡيَوۡمِ ٱلۡأٓخِرِ

“The woman and the man guilty of illegal sexual intercourse, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allah, if you believe in Allah and the Last Day.”

[An-Nūr 24:2]

1770 `Aishah (radiyallahu anha) reported: The Quraish were anxious about a woman from Banu Makhzum who had committed theft and asked : “Who will speak to the Messenger of Allah ﷺ about her?” Then they said: “No one will be bold enough to do so except Usamah bin Zaid, the (Companion who was) dearly loved by the Messenger of Allah ﷺ.” So Usamah (radiyallahu anhu) spoke to him and the Messenger of Allah ﷺ (angrily) said, “Are you interceding regarding one of the punishments prescribed by Allah?” He then got up and delivered an address in which he said, “Indeed what destroyed the people before you was just that when a person of high rank among them committed a theft, they spared him; but if the same crime was done by a poor person they inflicted the prescribed punishment on him. I swear by Allah that if Fatimah daughter of Muhammad should steal, I would have her hand cut off.”[Al-Bukhari and Muslim].

In another narration `Aishah (radiyallahu anha) said: (Upon hearing the intercession of Usamah), the face of the Messenger of Allah ﷺ changed color (because of anger) and he said, “Do you dare to intercede in matters prescribed by Allah?” Usamah pleaded: “O Messenger of Allah! Pray for my forgiveness.” `Aishah (radiyallahu anha) added: Thereafter the Messenger of Allah ﷺ gave orders to have that woman’s hand cut off.

Prohibition of Chastisement with Fire | Riyad-us-Saliheen

Riyāḍ uṣ-Ṣāliḥīn · Chapter 283 of 372

Prohibition of Chastisement with Fire

The Book of the Prohibited Actions – Chapter 283 : Ahadith 1609 – 1610
Imam Abu Zakariyya Yahya ibn Sharaf an-Nawawi (d. 676 AH)

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1609 1610

🎧 Listen to all hadiths in Arabic Ch 283 H 1609 – 1610

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1609 Abu Hurairah (radiyallahu anhu) said: The Messenger of Allah ﷺ sent us on an expedition and said to us, “If you find so-and-so (he named two persons belonging to the Quraish) commit them to the fire.” When we were on the verge of departure, he said to us, “I ordered you to burn so-and-so, but it is Allah Alone Who punishes with the fire. So if you find them put them to death.”[Al-Bukhari].

1610 Ibn Mas`ud (radiyallahu anhu) reported: We were with the Messenger of Allah ﷺ in a journey when he drew apart (to relieve nature). In his absence, we saw a red bird which had two young ones with it. We caught them and the red mother bird came, beating the earth with its wings. In the meantime the Prophet ﷺ returned and said, “Who has put this bird to distress on account of its young? Return them to her.” He ﷺ also noticed a mound of ants which we had burnt up. He asked, “Who has set fire to this?” We replied: “We have done so.” He ﷺ said, “None can chastise with fire except the Rubb of the fire.”[Abu Dawud].

Sahih Muslim: Book 29: The Book of Legal Punishments

Sahih Muslim · Book 29 of 56

The Book of Legal Punishments

كتاب الحدود

Hadith 1684 – 171069 Ahadith

Introduction

The penal laws of Islam are called Hudud in the Hadith and Fiqh. This word is the plural of Hadd, which means prevention, hindrance, restraint, prohibition, and hence a restrictive ordinance or statute of God, respecting things lawful and unlawful.

Punishments are divided into two classes, one of which is called Hadd and the other Ta’zir. The Hadd is a measure of punishment defined by the Qur’an and the Sunnah. In Ta’zir, the court, is allowed to use its discretion in regard to the form and 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 above mentioned crimes. These can be reduced keeping in view the circumstances in which the crimes were committed, the nature of the evidence, and the motive of the criminal with which he committed the crime.

Chapter 1

The Hadd for stealing and the minimum threshold

باب حَدِّ السَّرِقَةِ وَنِصَابِهَا ‏‏

1684a. ‘A’isha reported that Allah’s Messenger ﷺ cut off the hand of a thief for a quarter of a dinar rid upwards.

Reference
: Sahih Muslim 1684a
USC-MSA reference
: Book 17, Hadith 4175 (old numbering)

1684b. This hadith has been transmitted on the authority of Zuhri.

Reference
: Sahih Muslim 1684b
USC-MSA reference
: Book 17, Hadith 4176 (old numbering)

1684c. ‘A’isha reported Allah’s Messenger ﷺ as saying: The hand of a thief should not be cut off but for a quarter of a dinar and upwards.

Reference
: Sahih Muslim 1684c
USC-MSA reference
: Book 17, Hadith 4177 (old numbering)

1684d. ‘A’isha reported: 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.

Reference
: Sahih Muslim 1684d
USC-MSA reference
: Book 17, Hadith 4178 (old numbering)

1684e. ‘A’isha reported that she heard Allah’s Apostle ﷺ as saying: The hand of the thief may not be cut off but for a quarter of a dinar and upwards.

Reference
: Sahih Muslim 1684e
USC-MSA reference
: Book 17, Hadith 4179 (old numbering)

1684f. A hadith like this has been narrated on the authority of Yazid b. ‘Abdullah b. al-Had with the same chain of transmitters.

Reference
: Sahih Muslim 1684f
USC-MSA reference
: Book 17, Hadith 4180 (old numbering)

1685a. ‘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.

Reference
: Sahih Muslim 1685a
USC-MSA reference
: Book 17, Hadith 4181 (old numbering)

1685b. 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.”

Reference
: Sahih Muslim 1685b
USC-MSA reference
: Book 17, Hadith 4182 (old numbering)

1686a. Ibn ‘Umar reported that Allah’s Messenger ﷺ cut off the hand of a thief (in case of the theft) of a shield the price of which was three dirhams.

Reference
: Sahih Muslim 1686a
USC-MSA reference
: Book 17, Hadith 4183 (old numbering)

1686b. This hadith has been narrated on the authority of Ibn ‘Umar through some other chains of transmitters but with a slight variation of words.

Reference
: Sahih Muslim 1686b
USC-MSA reference
: Book 17, Hadith 4184 (old numbering)

1687a. Abu Huraira reported Allah’s Messenger ﷺ 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.

Reference
: Sahih Muslim 1687a
USC-MSA reference
: Book 17, Hadith 4185 (old numbering)

1687b. This hadith is narrated on the authority of A’mash with the same chain of transmitters with a slight variation of words.

Reference
: Sahih Muslim 1687b
USC-MSA reference
: Book 17, Hadith 4186 (old numbering)
Chapter 2

Cutting off the hand of a thief from the nobility and others; the prohibition of interceding with regard to Hudud punishments

باب قَطْعِ السَّارِقِ الشَّرِيفِ وَغَيْرِهِ وَالنَّهْىِ عَنِ الشَّفَاعَةِ فِي الْحُدُودِ ‏‏

1688a. ‘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 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.”

Reference
: Sahih Muslim 1688a
USC-MSA reference
: Book 17, Hadith 4187 (old numbering)

1688b. ‘A’isha, the wife of Allah’s Apostle ﷺ, reported that the Quraish were concerned about the woman who had committed theft during the lifetime of Allah’s Apostle ﷺ, in the expedition of Victory (of Mecca). They said: 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 colour 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 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 ﷺ.

Reference
: Sahih Muslim 1688b
USC-MSA reference
: Book 17, Hadith 4188 (old numbering)

1688c. ‘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.

Reference
: Sahih Muslim 1688c
USC-MSA reference
: Book 17, Hadith 4189 (old numbering)

1689. Jaibir reported that a woman from the tribe of Makhzum committed theft. She was brought to Allah’s Apostle ﷺ and she sought refuge (intercession) from Umm Salama, the wife of Allah’s Apostle ﷺ. Thereupon Allah’s Apostle ﷺ said: By Allah, even if she were Fatima, I would have her hand cut off. And thus her hand was cut off.

Reference
: Sahih Muslim 1689
USC-MSA reference
: Book 17, Hadith 4190 (old numbering)
Chapter 3

The Hadd punishment for Zina (fornication, adultery)

باب حَدِّ الزِّنَا ‏‏

1690a. ‘Ubada b. as-Samit reported: 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.

Reference
: Sahih Muslim 1690a, 1690b
USC-MSA reference
: Book 17, Hadith 4191 (old numbering)

1690c. ‘Ubada b. as-Samit reported that whenever Allah’s Apostle ﷺ 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.

Reference
: Sahih Muslim 1690c
USC-MSA reference
: Book 17, Hadith 4192 (old numbering)

1690d. 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.

Reference
: Sahih Muslim 1690d
USC-MSA reference
: Book 17, Hadith 4193 (old numbering)
Chapter 4

Stoning of a married person for Zina

باب رَجْمِ الثَّيِّبِ فِي الزِّنَا ‏‏

1691a. ‘Abdullah b. ‘Abbas reported that ‘Umar b. Khattab sat on the pulpit of Allah’s Messenger ﷺ and said: 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.

Reference
: Sahih Muslim 1691a
USC-MSA reference
: Book 17, Hadith 4194 (old numbering)

1691b. This hadith has been narrated on the authority of Zuhri with the same chain of transmitters.

Reference
: Sahih Muslim 1691b
USC-MSA reference
: Book 17, Hadith 4195 (old numbering)
Chapter 5

One who confesses to Zina

باب مَنِ اعْتَرَفَ عَلَى نَفْسِهِ بِالزِّنَا ‏‏

1691c. Abu Huraira reported that a person from amongst the Muslims came to Allah’s Messenger ﷺ 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 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. 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.

Reference
: Sahih Muslim 1691c, 1691d, 1691e
USC-MSA reference
: Book 17, Hadith 4196 (old numbering)

1691f. This hadith has been narrated on the authority of Abu Huraira through other chains of transmitters.

Reference
: Sahih Muslim 1691f
USC-MSA reference
: Book 17, Hadith 4197 (old numbering)

1692a. Jabir b. Samura reported: 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.

Reference
: Sahih Muslim 1692a
USC-MSA reference
: Book 17, Hadith 4198 (old numbering)

1692b. Jabir b. Samura reported that there was brought to Allah’s Messenger ﷺ 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 ﷺ 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.”

Reference
: Sahih Muslim 1692b
USC-MSA reference
: Book 17, Hadith 4199 (old numbering)

1692c. 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.

Reference
: Sahih Muslim 1692c
USC-MSA reference
: Book 17, Hadith 4200 (old numbering)

1693. Ibn Abbas reported that Allah’s Apostle ﷺ 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).

Reference
: Sahih Muslim 1693
USC-MSA reference
: Book 17, Hadith 4201 (old numbering)

1694a. 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 ﷺ and said: 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.

Reference
: Sahih Muslim 1694a
USC-MSA reference
: Book 17, Hadith 4202 (old numbering)

1694b. Dawud narrated the hadith with the same chain of transmitters (and the words are): 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.”

Reference
: Sahih Muslim 1694b
USC-MSA reference
: Book 17, Hadith 4203 (old numbering)

1694c. 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.”

Reference
: Sahih Muslim 1694c
USC-MSA reference
: Book 17, Hadith 4204 (old numbering)

1695a. Sulaiman b. Buraida reported on the authority of his father that Ma, iz b. Malik came to Allah’s Apostle ﷺ 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 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 ﷺ 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.

Reference
: Sahih Muslim 1695a
USC-MSA reference
: Book 17, Hadith 4205 (old numbering)

1695b. ‘Abdullah b. Buraida reported on the authority of his father that Ma’iz b. Malik al-Aslami came to Allah’s Messenger ﷺ 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 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.

Reference
: Sahih Muslim 1695b
USC-MSA reference
: Book 17, Hadith 4206 (old numbering)

1696a. Imran b. Husain reported that a woman from Juhaina came to Allah’s Apostle ﷺ 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 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?

Reference
: Sahih Muslim 1696a
USC-MSA reference
: Book 17, Hadith 4207 (old numbering)

1696b. This hadith has been transmitted on the authority of Yahya b. Abu Kathir.

Reference
: Sahih Muslim 1696b
USC-MSA reference
: Book 17, Hadith 4208 (old numbering)

1697. Abu Huraira and Zaid b Khalid al-Juhani reported that one of the desert tribes came to Allah’s Messenger ﷺ 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 ﷺ 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 ﷺ 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.

Reference
: Sahih Muslim 1697/1698a
USC-MSA reference
: Book 17, Hadith 4209 (old numbering)

1697. This hadith has been narrated on the authority of Zuhri with the same chain of transmitters.

Reference
: Sahih Muslim 1697/1698b
USC-MSA reference
: Book 17, Hadith 4210 (old numbering)
Chapter 6

Stoning Jews and Ahl Adh-Dhimmah for Zina

باب رَجْمِ الْيَهُودِ أَهْلِ الذِّمَّةِ فِي الزِّنَا ‏‏

1699a. Abdullah b. ‘Umar reported that a Jew and a Jewess were brought to Allah’s Messenger ﷺ who had committed adultery. Allah’s Messenger ﷺ 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 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.

Reference
: Sahih Muslim 1699a
USC-MSA reference
: Book 17, Hadith 4211 (old numbering)

1699b. 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 ﷺ. The rest of the hadith is the same.

Reference
: Sahih Muslim 1699b
USC-MSA reference
: Book 17, Hadith 4212 (old numbering)

1699c. 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.

Reference
: Sahih Muslim 1699c
USC-MSA reference
: Book 17, Hadith 4213 (old numbering)

1700a. Al-Bara’ b. ‘Azib reported: 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.

Reference
: Sahih Muslim 1700a
USC-MSA reference
: Book 17, Hadith 4214 (old numbering)

1700b. This hadith has been narrated on the authority of A’mash up to the words:” 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.

Reference
: Sahih Muslim 1700b
USC-MSA reference
: Book 17, Hadith 4215 (old numbering)

1701a. Jabir b. ‘Abdullah reported that Allah’s Apostle ﷺ stoned (to death) a person from Banu Aslam, and a Jew and his wife.

Reference
: Sahih Muslim 1701a
USC-MSA reference
: Book 17, Hadith 4216 (old numbering)

1701b. This hadith has been transmitted on the authority of Juraij with a slight variation of words.

Reference
: Sahih Muslim 1701b
USC-MSA reference
: Book 17, Hadith 4217 (old numbering)

1702. Abu Ishaq Shaibani said: 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.

Reference
: Sahih Muslim 1702
USC-MSA reference
: Book 17, Hadith 4218 (old numbering)

1703a. Abu Huraira reported that he heard Allah’s Messenger ﷺ 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.

Reference
: Sahih Muslim 1703a
USC-MSA reference
: Book 17, Hadith 4219 (old numbering)

1703b. This hadith his been narrated on the authority of Abu Huraira through another chain of transmitters with a slight variation of words.

Reference
: Sahih Muslim 1703b
USC-MSA reference
: Book 17, Hadith 4220 (old numbering)

1703c. Abu Huraira reported that Allah’s Messenger ﷺ 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.

Reference
: Sahih Muslim 1703c
USC-MSA reference
: Book 17, Hadith 4221 (old numbering)

1704a. 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.

Reference
: Sahih Muslim 1704a
USC-MSA reference
: Book 17, Hadith 4222 (old numbering)

1704b. 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.

Reference
: Sahih Muslim 1704b
USC-MSA reference
: Book 17, Hadith 4223 (old numbering)
Chapter 7

Delaying the Hadd punishment in the case of women who have just given birth

باب تَأْخِيرِ الْحَدِّ عَنِ النُّفَسَاءِ، ‏‏

1705a. 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 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.

Reference
: Sahih Muslim 1705a
USC-MSA reference
: Book 17, Hadith 4224 (old numbering)

1705b. 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.”

Reference
: Sahih Muslim 1705b
USC-MSA reference
: Book 17, Hadith 4225 (old numbering)
Chapter 8

Hadd punishment for drinking alcohol

باب حَدِّ الْخَمْرِ ‏‏

1706a. Anas b. Malik reported that a person who had drink wine was brought to Allah’s Apostle ﷺ. 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.

Reference
: Sahih Muslim 1706a
USC-MSA reference
: Book 17, Hadith 4226 (old numbering)

1706b. This hadith has been narrated on the authority of Anas through another chain of transmitters.

Reference
: Sahih Muslim 1706b
USC-MSA reference
: Book 17, Hadith 4227 (old numbering)

1706c. Anas b. Malik reported that Allah’s Apostle ﷺ 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.

Reference
: Sahih Muslim 1706c
USC-MSA reference
: Book 17, Hadith 4228 (old numbering)

1706d. This hadith has been narrated on the authority of Hisham with the same chain of transmitters.

Reference
: Sahih Muslim 1706d
USC-MSA reference
: Book 17, Hadith 4229 (old numbering)

1706e. 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.

Reference
: Sahih Muslim 1706e
USC-MSA reference
: Book 17, Hadith 4230 (old numbering)

1707a. 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 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.

Reference
: Sahih Muslim 1707a
USC-MSA reference
: Book 17, Hadith 4231 (old numbering)

1707b. 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 ﷺ has laid down no rule for it.

Reference
: Sahih Muslim 1707b
USC-MSA reference
: Book 17, Hadith 4232 (old numbering)

1707c. This hadith is narrated on the authority of Sufyan.

Reference
: Sahih Muslim 1707c
USC-MSA reference
: Book 17, Hadith 4233 (old numbering)
Chapter 9

Number of lashes in the case of ta’zeer

باب قَدْرِ أَسْوَاطِ التَّعْزِيرِ

1708. Abu Barda Ansari reported Allah’s Messenger ﷺ as saying: None should be given more than ten lashes, but in case of any Hadd out of the Huded of Allah.

Reference
: Sahih Muslim 1708
USC-MSA reference
: Book 17, Hadith 4234 (old numbering)
Chapter 10

The Hadd punishments are an expiation for those on whom they are carried out

باب الْحُدُودُ كَفَّارَاتٌ لأَهْلِهَا ‏‏

1709a. Ubida b. as-Samit reported: While we were in the company of Allah’s Messenger ﷺ 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.

Reference
: Sahih Muslim 1709a
USC-MSA reference
: Book 17, Hadith 4235 (old numbering)

1709b. 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.

Reference
: Sahih Muslim 1709b
USC-MSA reference
: Book 17, Hadith 4236 (old numbering)

1709c. ‘Ubida b. as-Samit reported: 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.

Reference
: Sahih Muslim 1709c
USC-MSA reference
: Book 17, Hadith 4237 (old numbering)

1709d. Ubida b. as-Samit repnrted: 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.

Reference
: Sahih Muslim 1709d
USC-MSA reference
: Book 17, Hadith 4238 (old numbering)
Chapter 11

There is no Diyah for injuries caused by animals or by falling into a mine or well

باب جَرْحُ الْعَجْمَاءِ وَالْمَعْدِنِ وَالْبِئْرِ جُبَارٌ ‏‏

1710a. Abu Huraira reported Allah’s Messenger ﷺ 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).

Reference
: Sahih Muslim 1710a
USC-MSA reference
: Book 17, Hadith 4239 (old numbering)

1710b. A hadith like this has been transmitted on the authority of Zuhri.

Reference
: Sahih Muslim 1710b
USC-MSA reference
: Book 17, Hadith 4240 (old numbering)

1710c. A hadith like this has been transmitted on the authority of Abu Huraira.

Reference
: Sahih Muslim 1710c
USC-MSA reference
: Book 17, Hadith 4241 (old numbering)

1710d. Abu Huraira reported Allah’s Messenger ﷺ 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.

Reference
: Sahih Muslim 1710d
USC-MSA reference
: Book 17, Hadith 4242 (old numbering)

1710e. A hadith like this has been transmitted on the authority of Abu Huraira.

Reference
: Sahih Muslim 1710e
USC-MSA reference
: Book 17, Hadith 4243 (old numbering)

No ahadith match your search.

Sahih Muslim: Book 28: The Book of Oaths, Muharibin, Qasas (Retaliation), and Diyat (Blood Money)

Sahih Muslim · Book 28 of 56

The Book of Oaths, Muharibin, Qasas (Retaliation), and Diyat (Blood Money)

كتاب القسامة والمحاربين والقصاص والديات

Hadith 1669 – 168356 Ahadith

Chapter 1

Qasamah (Oaths)

باب الْقَسَامَةِ

1669a. Sahl b. Abu Hathma and Rafi’ b. Khadij reported that ‘Abdullah b. Sahl b. Zaid and Muhayyisa b. Mas’ud b. Zaid went out and as they reached Khaibar they were separated. Then Muhayyisa found ‘Abdullah b. Sahl having been killed. He buried him, and then came to Allah’s Messenger ﷺ. They were Huwayyisa b. Mas’ud and ‘Abd al-Rahman b. Sahl, and he (the latter one) was the youngest of the people (those three who had come to seek an interview with the Holy Prophet) began to talk before his Companions (had spoken). Thereupon Allah’s Messenger ﷺ said: The eldest one (eldest in regard to age should speak). So he kept quiet, and his companions (Muhayyisa and Huwayyisa) began to speak, and he (‘Abd al Rahman) spoke along with them and they narrated to Allah’s Messenger ﷺ the murder of ‘Abdullah b. Sahl. Thereupon he said to them: Are you prepared to take fifty oaths so that you may be entitled (to blood-wit) of your companion (or your man who has murdered)? They said: How can we take an oath on a matter which we have not witnessed? He (the Holy Prophet) said: Then the Jews will exonerate themselves by fifty oaths. They said: How can we accept the oaths of people who are unbelievers? When Allah’s Messenger ﷺ saw that, he himself paid his blood-wit.

Reference
: Sahih Muslim 1669a
USC-MSA reference
: Book 16, Hadith 4119 (old numbering)

1669b. Sahl. b. Abu Hathma and Rafi’ b. Khadij reported that Muhayyisa b. Mas’ud and ‘Abdullah b. Sahl went towards Khaibar and they separated near the palm-trees. ‘Abdullah b. Sahl was killed. They accused the Jews (for this act). And there came to Allah’s Apostle ﷺ his brother (the brother of the slain person) ‘Abd al-Rahman and his cousins Huwayyisa and Muhayyisa; and ‘Abd al-Rahman talked to him about the matter pertaining to (the murder of) his brother, and he was the youngest among them. Thereupon Allah’s Messenger ﷺ said: Show regard for the greatness of the old, or he said: Let the eldest begin speaking. Then they (Huwayyisa and Muhayyisa) spoke about the matter of their companion (murder of their cousin, ‘Abdullah b. Sahl). Thereupon Allah’s Messenger ﷺ said: Let fifty (persons) among you take oath for levelling the charge (of murder) against a person amongst them, and he would be surrendered to you. They said: We have not witnessed this matter ourselves. How can we then take oath? He (the Holy Prophet) said: The Jews will exonerate themselves by the oaths of fifty of them. They said: Messenger of Allah, they are non-believing people. Thereupon Allah’s Messenger ﷺ paid the blood wit for him. Sahl said: As one day I entered the fold a she-camel amongst those camels hit me with its leg.

Reference
: Sahih Muslim 1669b
USC-MSA reference
: Book 16, Hadith 4120 (old numbering)

1669c. Sahl b. Abu Hathma has narrated this hadith through another chain of transmitters with a slight variation of words, but no mention has been made of the hitting by the she-camel.

Reference
: Sahih Muslim 1669c
USC-MSA reference
: Book 16, Hadith 4121 (old numbering)

1669d. This hadith has been narrated on the authority of Sahl b. Abu Hathma through another chain of transmitters.

Reference
: Sahih Muslim 1669d
USC-MSA reference
: Book 16, Hadith 4122 (old numbering)

1669e. Bushair b. Yasar reported that ‘Abdullah b. Sahl b. Zaid and Muhayyisa b. Mas’ud b. Zaid, both of them were Ansar belonging to the tribe of Banu Haritha, set out to Khaibar during the lifetime of Allah’s Messenger ﷺ. There was peace during those days and (this place) was inhabited by the Jews. They parted company for their (respective) needs. ‘Abdullab b. Sahl was killed, and his dead body was found in a tank. His companion (Muhayyisa) buried him and came to Medina, and the brothers of the slain ‘Abd al-Rahman b. Sahl. and Muhayyisa and Huwayyisa told Allah’s Messenger ﷺ the case of ‘Abdullah and the place where he had been murdered. Bushair reported on the authority of one who had seen Allah’s Messenger ﷺ that he had said to them: You take fifty oaths and you are entitled to blood-wit of (one) slain among you (or your companion). They said: Messenger of Allah, we neither saw (with our own eyes this murder) nor were we present there. Thereupon (Allah’s Messenger is reported to have said): Then the Jews will exonerate themselves by taking fifty oaths. They said: Allah’s Messenger, how can we accept the oath of unbelieving people? Bushair said that Allah’s Messenger ﷺ paid the blood-wit himself.

Reference
: Sahih Muslim 1669e
USC-MSA reference
: Book 16, Hadith 4123 (old numbering)

1669f. Bushair b. Yasar reported that a person from the Ansar belonging to the tribe of Banu Haritha who was called ‘Abdullah b. Sahl b. Zaid set out and the son of his uncle called Muhayyisa b. Mas’ud b. Zaid, the rest of the hadith is the same up to the words:” Allah’s Messenger ﷺ paid the blood-wit himself.” Bushair b. Yasar reported that Sahl b. Abu Hathma said: One camel amongst the camels paid as blood-wit kicked me while I was in the (camel) enclosure.

Reference
: Sahih Muslim 1669f
USC-MSA reference
: Book 16, Hadith 4124 (old numbering)

1669g. Bushair b. Yasar al-Ansari reported on the authority of Sahl b. Abu Hathma al-Ansari that some men (of his tribe went to Khaibar, and they were separated from one another, and they found one of them slain. The rest of the hadith is the same. And it was said in this connection: Allah’s Messenger ﷺ did not approve of his blood go waste. He paid blood-wit of one hundred camels of Sadaqa.

Reference
: Sahih Muslim 1669g
USC-MSA reference
: Book 16, Hadith 4125 (old numbering)

1669h. Abu Laila ‘Abdullah b. ‘Abd al-Rahman b. Sahl reported that the elderly persons of (the tribe) had informed Sahl b. Abu Hathma that ‘Abdullah b. Sahl and Muhayyisa went out to Khaibar under some distress which had afflicted them. Muhayyisa came and informed that Abdutlah b. Sahl had been killed, and (his dead body) had been thrown in a well or in a ditch. He came to the Jews and said: By Allah, it is you who have killed him. They said: By Allah, we have not killed him. He then came to his people, and made mention of that to them. Then came he and his brother Huwayyisa, and he was older than he, and ‘Abd al-Rahman b. Sahl. Then Muhayyisa went to speak, and it was he who had accompanied (‘Abdullah) to Khaibar, whereupon Allah’s Messenger ﷺ said to Muhayyisa: Observe greatness of the great (he meant the seniority of age). Then Huwayyisa spoke and then Muhayyisa also spoke. Thereupon Allah’s Messenger ﷺ said: They should either pay blood-wit for your companion, or be prepared for war. Allah’s Messenger ﷺ wrote about it to them (to the Jews). They wrote: Verily, by Allah, we have not killed him. Thereupon Allah’s Messenger ﷺ said to Huwayyisa and Muhayyisa and Abd al-Rahman: Are you prepared to take oath in order to entitle yourselves for the blood-wit of your companion? They said: No. He (the Holy Prophet) said: Then the Jews will take oath (of their innocence). They said: They are not Muslims. Allah’s Messenger ﷺ, however, himself paid the blood-wit to them and sent to them one hundred camels until they entered into their houses, Sahl said: One red she-camel among them kicked me.

Reference
: Sahih Muslim 1669h
USC-MSA reference
: Book 16, Hadith 4126 (old numbering)

1670a. Sulaiman b. Yasar, the freed slave of Maimuna, the wife of Allah’s Apostle ﷺ, narrated from one of the Ansari Companions of Allah’s Messenger ﷺ that Allah’s Messenger ﷺ retained (the practice) of Qasama as it was in the pre-Islamic days.

Reference
: Sahih Muslim 1670a
USC-MSA reference
: Book 16, Hadith 4127 (old numbering)

1670b. This hadith has been narrated on the authority of Ibn Shihab with the same chain of transmitters but with this addition:” Allah’s Messenger ﷺ decided (according to Qasama) between the persons of Ansar (and yours) about a slain (Muslim) for which they made claim against the Jews

Reference
: Sahih Muslim 1670b
USC-MSA reference
: Book 16, Hadith 4128 (old numbering)

1670c. This hadith has been narrated on the authority of Abu Salama b. ‘Abd al-Rahman and Sulaiman b. Yasar.

Reference
: Sahih Muslim 1670c
USC-MSA reference
: Book 16, Hadith 4129 (old numbering)
Chapter 2

The ruling on Muharibin and Apostates

باب حُكْمِ الْمُحَارِبِينَ وَالْمُرْتَدِّينَ ‏‏

1671a. Anas b. Malik reported that some people belonging (to the tribe) of ‘Uraina came to Allah’s Messenger ﷺ at Medina, but they found its climate uncogenial. So Allah’s Messenger ﷺ said to them: If you so like, you may go to the camels of Sadaqa and drink their milk and urine. They did so and were all right. They then fell upon the shepherds and killed them and turned apostates from Islam and drove off the camels of the Prophet ﷺ. This news reached Allah’s Apostle ﷺ and he sent (people) on their track and they were (brought) and handed over to him. He (the Holy Prophet) got their hands cut off, and their feet, and put out their eyes, and threw them on the stony ground until they died.

Reference
: Sahih Muslim 1671a
USC-MSA reference
: Book 16, Hadith 4130 (old numbering)

1671b. Anas reported: Eight men of the tribe of ‘Ukl came to Allah’s Messenger ﷺ and swore allegiance to him on Islam, but found the climate of that land uncogenial to their health and thus they became sick, and they made complaint of that to Allah’s Messenger ﷺ, and he said: Why don’t you go to (the fold) of our camels along with our shepherd, and make use of their milk and urine. They said: Yes. They set out and drank their (camels’) milk and urine and regained their health. They killed the shepherd and drove away the camels. This (news) reached Allah’s Messenger ﷺ and he sent them on their track and they were caught and brought to him (the Holy Prophet). He commanded about them, and (thus) their hands and feet were cut off and their eyes were gouged and then they were thrown in the sun, until they died.

This hadith has been narrated on the authority of Ibn al-Sabbah with a slight variation of words.

Reference
: Sahih Muslim 1671b
USC-MSA reference
: Book 16, Hadith 4131 (old numbering)

1671c. Anas b. Malik reported that some people of the tribe of ‘Ukl or ‘Uraina came to Allah’s Messenger ﷺ, and they found the climate of Medina uncogenial. Allah’s Messenger ﷺ commanded them to the milch she-camels and commanded them to drink their urine and their milk. The rest of the hadith is the same (and the concluding words are):” Their eyes were pierced, and they were thrown on the stony ground. They were asking for water, but they were not given water.”

Reference
: Sahih Muslim 1671c
USC-MSA reference
: Book 16, Hadith 4132 (old numbering)

1671d. Abu Qilaba reported: I was sitting behind ‘Umar b. ‘Abd al-‘Aziz and he said to the people: What do you say about al-Qasama? Thereupon ‘Anbasa said: Anas b Malik narrated to us such and such (hadith pertaining to al-Qasama). I said: This is what Anas had narrated to me: People came to Allah’s Apostle ﷺ, and the rest of the hadith is the same. When I (Abu Qilaba) finished (the narration of this hadith), ‘Anbasa said: Hallowed be Allah. I said: Do you blame me (for telling a lie)? He (‘Anbasa) said: No. This is how Anas b Malik narrated to us. O people of Syria, you would not be deprived of good, so long as such (a person) or one like him lives amongst you.

Reference
: Sahih Muslim 1671d
USC-MSA reference
: Book 16, Hadith 4133 (old numbering)

1671e. Anas b. Malik reported: There came to Allah’s Messenger ﷺ eight persons from the tribe of ‘Ukl, but with this addition that he did not cauterise (the wounds which hid been inflicted upon them while punishing them).

Reference
: Sahih Muslim 1671e
USC-MSA reference
: Book 16, Hadith 4134 (old numbering)

1671f. Anas reported: There came to Allah’s Messenger ﷺ some ponple from ‘Uraina. They embraced Islam and swore allegiance to him and there had spread at that time pleurisy. The rest of the hadith is the same (but with this addition):” There were by his (the Prophet’s) side about twenty young men of the Ansar; he sent them (behind) them (culprits), and he also sent along with them one expert in following the track so that he might trace their footprints.”

Reference
: Sahih Muslim 1671f
USC-MSA reference
: Book 16, Hadith 4135 (old numbering)

1671g. This hadith has been narrated on the authority of Anas b. Malik through another chain of transmitters.

Reference
: Sahih Muslim 1671g
USC-MSA reference
: Book 16, Hadith 4136 (old numbering)

1671h. Anas reported that Allah’s Messenger ﷺ pierced their eyes because they had pierced the eyes of the shepherds.

Reference
: Sahih Muslim 1671h
USC-MSA reference
: Book 16, Hadith 4137 (old numbering)
Chapter 3

Confirmation of Qisas in the case of killing with a rock and other sharp or heavy objects, and the killing of a man for a woman

باب ثُبُوتِ الْقِصَاصِ فِي الْقَتْلِ بِالْحَجَرِ وَغَيْرِهِ مِنَ الْمُحَدَّدَاتِ وَالْمُثَقَّلاَتِ وَقَتْلِ الرَّجُلِ بِالْمَرْأَةِ

1672a. Anas b. Malik reported that a Jew killed a girl with a stone for her silver ornaments. She was brought to Allah’s Messenger ﷺ when there was yet some life in her. He (the Holy Prophet) said to her: Has so and so killed you? She indicated with the nod of her head: No. He said for the second time, and she again said: No with the nod of her head. He asked for the third time, and she said: Yes with the nod of her head and Allah’s Messenger ﷺ commanded to crush his head between two stones.

Reference
: Sahih Muslim 1672a
USC-MSA reference
: Book 16, Hadith 4138 (old numbering)

1672b. This hadith has been narrated on the authority of Shu’ba with the same chain of transmitters and in the hadith narrated on the authority of Ibn Idris (the words are):” He (commanded) to crush his head between two stones.”

Reference
: Sahih Muslim 1672b
USC-MSA reference
: Book 16, Hadith 4139 (old numbering)

1672c. Anas reported that a Jew killed a girl of the Ansar for her ornaments and then threw her in a well and smashed her head with a stone. He was caught and brought to the Messenger of Allah ﷺ, and he commanded that he should be stoned to death. So he was stoned until he died.

Reference
: Sahih Muslim 1672c
USC-MSA reference
: Book 16, Hadith 4140 (old numbering)

1672d. This hadith has been narrated on the authority of Ayyub with the same chain of transmitters.

Reference
: Sahih Muslim 1672d
USC-MSA reference
: Book 16, Hadith 4141 (old numbering)

1672e. Anas b. Malik reported: A girl was found with her head crushed between two stones. They asked her as to who had done that-has so and so (done it) until they mentioned a Jew. She indicated with the nod of her head (that it was so). So the Jew was caught, and he made confession (of his guilt). And Allah’s Messenger ﷺ commanded that his head be smashed with stones.

Reference
: Sahih Muslim 1672e
USC-MSA reference
: Book 16, Hadith 4142 (old numbering)
Chapter 4

If a person attacks another person’s life and limb, and the other defends himself and kills him or injures him, there is no penalty on him

باب الصَّائِلُ عَلَى نَفْسِ الإِنْسَانِ أَوْ عُضْوِهِ إِذَا دَفَعَهُ الْمَصُولُ عَلَيْهِ فَأَتْلَفَ نَفْسَهُ أَوْ عُضْوَهَ لاَ ضَمَانَ عَلَيْهِ

1673a. Imran b. Husain reported: Ya’la b. Munya or Ibn Umayya fought with a person, and the one bit the hand of the other. And he tried to draw his hand from his mouth and thus his foreteeth ware pulled out. They referred their dispute to Allah’s Apostle ﷺ, whereupon he said: Does any one of you bite as the camel bites? So there is no blood-wit for it.

Reference
: Sahih Muslim 1673a
USC-MSA reference
: Book 16, Hadith 4143 (old numbering)

1673b. This hadith has been transmitted on the authority of Ya’la.

Reference
: Sahih Muslim 1673b
USC-MSA reference
: Book 16, Hadith 4144 (old numbering)

1673c. ‘Imran b. Husain reported that a person bit the arm of another person; he pulled it out and his foretooth fell down. This matter was taken to Allah’s Apostle ﷺ, and he turned it down saying: Did you want to eat his flesh?

Reference
: Sahih Muslim 1673c
USC-MSA reference
: Book 16, Hadith 4145 (old numbering)

1674a. Safwan b. Ya’la reported that a person bit the arm of the servant of Ya’la b. Munya. He pulled it and his foretooth fell. The matter was referred to Allah’s Apostle ﷺ and he turned it down and said: Did you intend to bite his hand, as the camel bites?

Reference
: Sahih Muslim 1674a
USC-MSA reference
: Book 16, Hadith 4146 (old numbering)

1673d. ‘Imran b. Husain reported that a person bit the hand of a person. He withdrew his hand and his foretooth or foreteeth fell down. He (the man who lost his teeth) referred the matter to Allah’s Messenger ﷺ and he said, What do you want me to do? Do you ask me that I should order him to put his hand in your month, and you should bite it as the camel bites? (If you want retaliation, then the only way out is) that you put your hand in his mouth (allow him) to bite that and then draw it away.

Reference
: Sahih Muslim 1673d
USC-MSA reference
: Book 16, Hadith 4147 (old numbering)

1674b. Safwan b. Ya’la b. Munya reported on the authority of his father that there came to Allah’s Apostle ﷺ a person who had bitten the hand of another person and who had withdrawn his hand (and as a result thereof) his foreteeth had fallen (those which had bitten). The Apostle of Allah ﷺ turned down his (claim), and said: Do you wish to bite as the camel bites?

Reference
: Sahih Muslim 1674b
USC-MSA reference
: Book 16, Hadith 4148 (old numbering)

1674c. Safwan b. Ya’la b. Umayya thus reported from his father: I participated in the expedition to Tabuk with Allah’s Apostle ﷺ. And Ya’la used to say: That was the most weighty of my deeds, in my opinion. Safwan said that Ya’la had stated: I had a servant; he quarrelled with another person, and the one bit the hand of the other. (‘Ata’ said that Safwan had told him which one had bitten the hand of the other.) So he whose hand was bitten drew ill from (the mouth) of the one who had bitten it and (in this scuffle) one of his foreteeth was also drawn out. They both came to Allah’s Apostle ﷺ and he declared his (claim for the compensation of) tooth as invalid.

Reference
: Sahih Muslim 1674c
USC-MSA reference
: Book 16, Hadith 4149 (old numbering)

1674d. This hadith has been narrated on the authority of Juraij with the same chain of transmitters.

Reference
: Sahih Muslim 1674d
USC-MSA reference
: Book 16, Hadith 4150 (old numbering)
Chapter 5

The validity of Qisas for teeth and the like

باب إِثْبَاتِ الْقِصَاصِ فِي الأَسْنَانِ وَمَا فِي مَعْنَاهَا ‏‏

1675. Anas reported that Umm Haritha, the sister of Rubayyi’ (she was the father’s sister of Hadrat Anas) injured a person (she broke his teeth). The dispute was referred to Allah’s Apostle ﷺ. Allah’s Messenger ﷺ said: Retribution, retribution. Umm Rubayyi’ said: Messenger of Allah, will retribution be taken from so and so? By Allah, it shall not be taken from her (i. e. from Umm Haritha). Thereupon Allah’s Apostle said: Hallowed be Allah. O Umm Rubayyi’, Qisas (retribution is a command, prescribed) in the Book of Allah. She said: No, by Allah, Qisas will never be taken from her; and she went on saying this until they (the relatives of the one who had been injured) accepted the blood-wit. Thereupon Allah’s Messenger ﷺ said: Verily there are amongst the servants of Allah (such pious persons) who, if they take oath of Allah, He honours it.

Reference
: Sahih Muslim 1675
USC-MSA reference
: Book 16, Hadith 4151 (old numbering)
Chapter 6

When it is permissible to shed the blood of a muslim

باب مَا يُبَاحُ بِهِ دَمُ الْمُسْلِمِ ‏‏

1676a. ‘Abdullah (b. Mas’ud) reported Allah’s Messenger ﷺ as saying: It is not permissible to take the life of a Muslim who bears testimony (to the fact that there is no god but Allah, and I am the Messenger of Allah, but in one of the three cases: the married adulterer, a life for life, and the deserter of his Din (Islam), abandoning the community.

Reference
: Sahih Muslim 1676a
USC-MSA reference
: Book 16, Hadith 4152 (old numbering)

1676b. This hadith has been narrated on the authority of A’mash.

Reference
: Sahih Muslim 1676b
USC-MSA reference
: Book 16, Hadith 4153 (old numbering)

1676c. ‘Abdullah (b. Mas’ud) reported: Allah’s Messenger ﷺ stood up and said: By Him besides Whom there is no god but He, the blood of a Muslim who bears the testimony that there is no god but Allah, and I am His Messenger, may be lawfully shed only in case of three persons: the one who abandons Islam, and deserts the community [Ahmad, one of the narrators, is doubtful whether the Holy Prophet ﷺ used the word li’l-jama’ah or al-jama’ah), and the married adulterer, and life for life.

Reference
: Sahih Muslim 1676c
USC-MSA reference
: Book 16, Hadith 4154 (old numbering)

1676d. This hadith has been reported on the authority of A’mash with the same chain of narrators but with a slight variation of words, i. e. he did not say: By Him besides Whom there is no god.

Reference
: Sahih Muslim 1676d
USC-MSA reference
: Book 16, Hadith 4155 (old numbering)
Chapter 7

The sin of the one who set the precedent of killing

باب بَيَانِ إِثْمِ مَنْ سَنَّ الْقَتْلَ ‏‏

1677a. ‘Abdullah (b. Mas’ud) reported: Allah’s Apostle ﷺ having said: No person who is killed unjustly, but the share of (this offence of his also) falls upon the first son of Adam, for he was the first to introduce killing.

Reference
: Sahih Muslim 1677a
USC-MSA reference
: Book 16, Hadith 4156 (old numbering)

1677b. This hadith has been narrated on the authority of Jarir and ‘Isa b. Yunus with a slight variation of words.

Reference
: Sahih Muslim 1677b
USC-MSA reference
: Book 16, Hadith 4157 (old numbering)
Chapter 8

The punishment for bloodshed in the hereafter, and bloodshed will be the first thing concerning which judgement is passed among the people on the Day of Resurrection

باب الْمُجَازَاةِ بِالدِّمَاءِ فِي الآخِرَةِ وَأَنَّهَا أَوَّلُ مَا يُقْضَى فِيهِ بَيْنَ النَّاسِ يَوْمَ الْقِيَامَةِ

1678a. ‘Abdullah b. (Mas’ud) reported Allah’s Messenger ﷺ as saying: The first (thing) that will be decided among people on the Day of Judgment will pertain to bloodshed.

Reference
: Sahih Muslim 1678a
USC-MSA reference
: Book 16, Hadith 4158 (old numbering)

1678b. This hadith has been narrated on the authority of ‘Abdullah through another chain of transmitters with a slight variation of words.

Reference
: Sahih Muslim 1678b
USC-MSA reference
: Book 16, Hadith 4159 (old numbering)
Chapter 9

Emphasis on the sanctity of Blood, Honor and Wealth

باب تَغْلِيظِ تَحْرِيمِ الدِّمَاءِ وَالأَعْرَاضِ وَالأَمْوَالِ ‏‏

1679a. Abu Bakra reported that (in the Farewell Address) Allah’s Apostle ﷺ said: Time has completed a cycle and come to the state of the day when Allah created the heavens and the earth. The year is constituted of twelve months, of which four are sacred; three of them consecutive, viz. Dhu’l-Qa’da, Dhu’l- Hijja and Muharram, and also Rajab the month of Mudar which comes between Jumada and Sha’ban. He (the Holy Prophet) then said: which month is this? We said Allah and His Messenger know best. He (the narrator) said: He (the Holy Prophet) remained silent for some time until we thought that he would give it a name other than that (by which it was known). He said: Is it not Dha’l-Hijja? We said: Yes. He (the Holy Prophet) said: Which city is this? We said: Allah and His Messenger know best. He (the Holy Prophety remained silent until we thought that he would give it another name. He (the Holy Prophet) said: Is it not the Balda (the city of Mecca)? We said: Yes. He said: What day is this? We said: Allah and His Messenger know best. He (the Holy Prophet) remained silent until we thought that he would give it another name. He said: Is it not the Day of Sacrifice? We said: Allah’s Messenger. yes. Thereupon he said: Your blood, your property (Muhammad, one of the narrators, said: I think, he also said this) and your honour are sacred to you like the sacredness of this day of yours, in this city of yours, and in this month of yours. You will soon meet your Lord and He will ask you about your deeds. So do not turn after me unbelievers (or misguided), some of you striking the necks of the others. Behold I let him who is present convey to him who is absent, for many a one whom a message is conveyed has a more retentive memory than one who hears. He again said: Behold! have I not delivered (the message) to you? This hadith has been narrated through another chain of transmitters, but with a slight variation of words.

Reference
: Sahih Muslim 1679a
USC-MSA reference
: Book 16, Hadith 4160 (old numbering)

1679b. Abu Bakra reported that when it was that day (the 10th of Dhu’l-Hijja) he mounted his camel and a person caught its nosestring, whereupon he said: Do you know which day is this? They said: Allah and His Messenger know best. (The Holy Prophet ﷺ kept silent) until we thought that he would give that another name. He said: Is it not the day of Nahr (Sacrifice) (10th of Dhu’l- Hijja)? We said: Allah’s Messenger, yes. He (again) said: Which month is it? We said: Allah and His Messenger knows best. He said: Is it not Dhu’l-Hijja? We said: Allah’s Messenger, yes. He said: Which city is this? We said: Allah and His Messenger know best. He (the narrator) said (that the Holy Prophet kept silent until we thought that he would give it another name besides its (original) name. He said: Is it not Balda (the city of Mecca)? We said: Yes, Allah’s Messenger. He (then) said: Verily your blood (lives) and your property and your honour are as sacred unto you as sacred is this day of yours, in this month of yours, in this city of yours. Let him who is present convey it to one who is absent. He then turned his attention towards two multicoloured (black and white) rams and slaughtered them, and two goats, and distributed them amongst us.

Reference
: Sahih Muslim 1679b
USC-MSA reference
: Book 16, Hadith 4161 (old numbering)

1679c. Abu Bakra reported that when it was the day of (Dhu’l-Hijja) Allah’s Apostle ﷺ mounted the camel and addressed and a person had been holding its nosestring. The rest of the hadith is the same.

Reference
: Sahih Muslim 1679c
USC-MSA reference
: Book 16, Hadith 4162 (old numbering)

1679d. This hadith has been narrated on the authority of Abu Bakra through another chain of transmitters (and the words are):” Allah’s Messenger ﷺ addressed us on the day of Nahr (Sacrifice) and said: What day is this? And the rest of the hadith is the same except that he did not make mention of” your honour,” and also did not make mention of this: He then turned his attention towards two rams and what follows, and in a hadith (the words pertaining to sacred- ness are recorded in this way):” Like the sacredness of this day of yours, in this month of yours, in this city of yours to the day when you will meet your Lord. Behold, have I not conveyed (the Message of God)? They said: Yes. He said: O Allah, bear witness.”

Reference
: Sahih Muslim 1679d
USC-MSA reference
: Book 16, Hadith 4163 (old numbering)
Chapter 10

A confession to murder is valid and the heir of the victim is entitled to Qisas, but it is recommended to ask him to let him go

باب صِحَّةِ الإِقْرَارِ بِالْقَتْلِ وَتَمْكِينِ وَلِيِّ الْقَتِيلِ مِنَ الْقِصَاصِ وَاسْتِحْبَابِ طَلَبِ الْعَفْوِ مِنْهُ

1680a. ‘Alqama b. Wa’il reported on the authority of his-father: While I was sitting in the company of Allah’s Apostle ﷺ, a person came there dragging another one with the help of a strap and said: Allah’s Messenger, this man has killed my brother. Allah’s Messenger ﷺ said to him: Did you kill him? And the other man said: (In case he did not make a confession of this, I shall brine, a witness against him). He (the murderer) said: Yes, I have killed him. He (the Holy Prophet) said: Why did you kill him? He said: I and he won striking down the leaves of a tree and he abused me and enraged me, and to I struck his head with an axe and killed him, whereupon Allah’s Messenger ﷺ said: Have you anything with you to pay blood-wit on your behalf? He said: I do not possess any property but this robe of mine and this axe of mine. He (the Holy, Prophet) said: Do you think your people will pay ransom for you? He said: I am more insignificant among my people than this (that I would not be able to get this benefit from my tribe). He (the Holy Prophet) threw the strap towards him (the claimant of the blood-wit) saying: Take away your man. The man took him away, and as he returned, Allah’s Messenger ﷺ said: If he kills him, he will be like him. He returned and said: Allah’s Messenger, it has reached me that you have said that” If he killed him, he would be like him.” I caught hold of him according to your command, whereupon Allah’s Messenger ﷺ said: Don’t you like that he should take upon him (the burden) of your sin and the sin of your companion (your brother)? He said: Allah’s Apostle, why not? The Messenger of Allah ﷺ said: If it is so, then let it be. He threw away the strap (around the offender) and set him free.

Reference
: Sahih Muslim 1680a
USC-MSA reference
: Book 16, Hadith 4164 (old numbering)

1680b. ‘Alaqama b. Wa’il reported on the authority of his father that a person was brought to the Messenger of Allah ﷺ who had killed another person, and the heir of the person slain had dragged him (to the Holy Prophet) with a strap around his neck. As he turned away Allah’s Messenger ﷺ said: The killer and the killed are (doomed) to fire. A person came to the other person (the heir of the deceased) and he reported to him the words of the Messenger of Allah ﷺ, and so he let him off. Isma’il b. Salim said: I made a mention of it to Habib b. Abu Thabit and he said: Ibn Ashwa’ reported to me that Allah’s Apostle ﷺ had asked him to pardon him, but he refused.

Reference
: Sahih Muslim 1680b
USC-MSA reference
: Book 16, Hadith 4165 (old numbering)
Chapter 11

The Diyah for a fetus; and the Diyah for accidental killing and the ambiguous killing must be paid by the shahiqilah of the killer

باب دِيَةِ الْجَنِينِ وَوُجُوبِ الدِّيَةِ فِي قَتْلِ الْخَطَإِ وَشِبْهِ الْعَمْدِ عَلَى عَاقِلَةِ الْجَانِي

1681a. Abu Huraira reported that among two women of the tribe of Hudhail one flung a stone upon the other causing an abortion to her Allah’s Apostle ﷺ gave judgment that a male or a female slave of best quality be given as compensation.

Reference
: Sahih Muslim 1681a
USC-MSA reference
: Book 16, Hadith 4166 (old numbering)

1681b. Abu Huraira reported that Allah’s Messenger ﷺ gave judgment in case of the abortion of a woman of Banu Lihyan (that the offender and near relative should give compensation in the form of) good quality of a slave or a slave-girl. And the woman about whom the judgment was given for compensation died and thereupon Allah’s Messenger ﷺ gave judgment that her inheritance goes to her sons and her husband, and the payment of the blood-wit lies with the family of (one who struck her).

Reference
: Sahih Muslim 1681b
USC-MSA reference
: Book 16, Hadith 4167 (old numbering)

1681c. Abu Huraira reported that two women of the tribe of Hudhail fought with each other and one of them flung a stone at the other, killing her and what was in her womb. The case was brought to Allah’s Messenger ﷺ and he gave judgment that the diyat (indemnity) of her unborn child is a male or a female slave of the best quality, and he also decided that the diyat of the woman is to be paid by her relative on the father’s side, and he (the Holy Prophet) made her sons and those who were with them her heirs. Hamal b. al-Nabigha al-Hudhali said: Messenger of Allah, why should I play blood-wit for one who neither drank, nor ate, nor spoke, nor made any noise; it is like a nonentity (it is, therefore, not justifiable to demand blood-wit for it). Thereupon Allah’s Messenger ﷺ said: He seems to be one of the brothers of soothsavers on account of the rhymed speech which he has composed.

Reference
: Sahih Muslim 1681c
USC-MSA reference
: Book 16, Hadith 4168 (old numbering)

1681d. Abu Huraira reported that two women fought-the rest of the hadith is the same but herein no mention has been made of: He made her son and those who were with them her heirs. Someone said: Why should we pay blood-wit? And he did not name Hamal b. Malik.

Reference
: Sahih Muslim 1681d
USC-MSA reference
: Book 16, Hadith 4169 (old numbering)

1682a. Al-Mughira b. Shu’ba reported that a woman struck her co-wife with a tent-pole and she was pregnant and she killed her. One of them belonged to the tribe of Lihyan. Allah’s Messenger ﷺ made the relatives of the murderer responsible for the payment of blood-wit on her behalf, and fixed a slave or a female slave as the indemnity for what was in her womb. One of the persons amongst the relatives of the murderer said: Should we pay indemnity for one who, neither ate, nor drank, nor made any noise, who was just like a nonentity? Thereupon Allah’s Messenger ﷺ remarked: He speaks rhymed phrases like the people of the desert. He did impose indemnity upon them.

Reference
: Sahih Muslim 1682a
USC-MSA reference
: Book 16, Hadith 4170 (old numbering)

1682b. Al-Mughira b. Shu’ba reported: A woman killed her fellow-wife with a tent-pole. Her case was brought to Allah’s Messenger ﷺ, and he gave judgment that blood-wit should be paid by the relatives (of the offender) on the father’s side. And as she was pregnant, he decided regarding her unborn child that a male or a female slave of good quality be given. Some of her offender’s) relatives said: Should we make compensation for one who never ate, nor drank, nor made any noise, who was like a nonentity? Thereupon Allah’s Messenger ﷺ said: He was talking rhymed phrases like the rhymed phrases of desert Arabs.

Reference
: Sahih Muslim 1682b
USC-MSA reference
: Book 16, Hadith 4171 (old numbering)

1682c. This hadith has been narrated on the authority of Mansur with the same chain of transmitters.

Reference
: Sahih Muslim 1682c
USC-MSA reference
: Book 16, Hadith 4172 (old numbering)

1682d. Mansur transmitted this hadith with a slight variation of words.

Reference
: Sahih Muslim 1682d
USC-MSA reference
: Book 16, Hadith 4173 (old numbering)

1683. Miswar b. Makhrama reported that ‘Umar b. Khattab consulted people about the diyat of abortion of an unboam child. Mughira b. Shu’ba said: I bear witness to the fact that Allah’s Messenger ﷺ gave judgment about it that a good quality of slave or female slave should be given for it. Thereupon ‘Umar said: Bring one who may bear witness to you. Then Muhammad b. Maslama bore witness to him.

Reference
: Sahih Muslim 1683
USC-MSA reference
: Book 16, Hadith 4174 (old numbering)

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Sahih al-Bukhari: Book 87: Blood Money (Ad-Diyat)

Sahih al-Bukhari · Book 87 of 97

Blood Money

كتاب الديات · Ad-Diyat

Hadith 6861 – 691759 Ahadith

Chapter 1

The Statement of Allah: “…And whoever kills a believer intentionally, his recompense is Hell…” (V.4:93)

باب قَوْلِ اللَّهِ تَعَالَى {وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا جَزَاؤُهُ فَجَهَنَّمُ}

6861. Narrated ‘Abdullah (radhiyallahu anhu):

A man said, “O Allah’s Messenger ﷺ! Which sin is the greatest in Allah’s Sight?” The Prophet ﷺ said, “To set up a rival unto Allah though He Alone created you . ” The man said, “What is next?” The Prophet ﷺ said, “To kill your son lest he should share your food with you.” The man said, “What is next?” The Prophet ﷺ said, “To commit illegal sexual intercourse with the wife of your neighbor.” So Allah revealed in confirmation of this narration:–

‘And those who invoke not with Allah, any other god. Nor kill, such life as Allah has forbidden except for just cause nor commit illegal sexual intercourse. And whoever does this shall receive the punishment.’ (25.68)

Reference
: Sahih al-Bukhari 6861
USC-MSA reference
: Vol. 9, Book 83, Hadith 1 (old numbering)

6862. Narrated Ibn ‘Umar (radhiyallahu anhuma):

Allah’s Messenger ﷺ said, “A faithful believer remains at liberty regarding his religion unless he kills somebody unlawfully.”

Reference
: Sahih al-Bukhari 6862
USC-MSA reference
: Vol. 9, Book 83, Hadith 2 (old numbering)

6863. Narrated ‘Abdullah bin ‘Umar (radhiyallahu anhuma):

One of the evil deeds with bad consequence from which there is no escape for the one who is involved in it is to kill someone unlawfully.

Reference
: Sahih al-Bukhari 6863
USC-MSA reference
: Vol. 9, Book 83, Hadith 3 (old numbering)

6864. Narrated ‘Abdullah (radhiyallahu anhu):

The Prophet ﷺ said, “The first cases to be decided among the people (on the Day of Resurrection) will be those of blood-shed.”

Reference
: Sahih al-Bukhari 6864
USC-MSA reference
: Vol. 9, Book 83, Hadith 4 (old numbering)

6865. Narrated Al-Miqdad bin ‘Amr Al-Kindi (radhiyallahu anhu):

An ally of Bani Zuhra who took part in the battle of Badr with the Prophet ﷺ, that he said, “O Allah’s Messenger ﷺ! If I meet an unbeliever and we have a fight, and he strikes my hand with the sword and cuts it off, and then takes refuge from me under a tree, and says, ‘I have surrendered to Allah (i.e. embraced Islam),’ may I kill him after he has said so?” Allah’s Messenger ﷺ said, “Do not kill him.” Al-Miqdad said, “But O Allah’s Messenger ﷺ! He had chopped off one of my hands and he said that after he had cut it off. May I kill him?” The Prophet ﷺ said. “Do not kill him for if you kill him, he would be in the position in which you had been before you kill him, and you would be in the position in which he was before he said the sentence.”

Reference
: Sahih al-Bukhari 6865
USC-MSA reference
: Vol. 9, Book 83, Hadith 5 (old numbering)

6866. The Prophet ﷺ also said to Al-Miqdad, “If a faithful believer conceals his faith (Islam) from the disbelievers, and then when he declares his Islam, you kill him, (you will be sinful). Remember that you were also concealing your faith (Islam) at Makkah before.”

Reference
: Sahih al-Bukhari 6866
USC-MSA reference
: Vol. 9, Book 83, Hadith 5 (old numbering)
Chapter 2

The Statement of Allah: “And if anyone saved a life…” (V.5:32)

باب قَوْلِ اللَّهِ تَعَالَى {وَمَنْ أَحْيَاهَا}

6867. Narrated ‘Abdullah (radhiyallahu anhu):

The Prophet ﷺ said, “No human being is killed unjustly, but a part of responsibility for the crime is laid on the first son of Adam who invented the tradition of killing (murdering) on the earth. (It is said that he was Qabil).

Reference
: Sahih al-Bukhari 6867
USC-MSA reference
: Vol. 9, Book 83, Hadith 6 (old numbering)

6868. Narrated ‘Abdullah bin ‘Umar (radhiyallahu anhuma):

The Prophet ﷺ said, “After me (i.e. after my death), do not become disbelievers, by striking (cutting) the necks of one another.

Reference
: Sahih al-Bukhari 6868
USC-MSA reference
: Vol. 9, Book 83, Hadith 7 (old numbering)

6869. Narrated Abu Zur’a bin ‘Amr bin Jarir:

The Prophet ﷺ said during Hajjat-al-Wada’, “Let the people be quiet and listen to me. After me, do not become disbelievers, by striking (cutting) the necks of one another.”

Reference
: Sahih al-Bukhari 6869
USC-MSA reference
: Vol. 9, Book 83, Hadith 8 (old numbering)

6870. Narrated ‘Abdullah bin ‘Amr (radhiyallahu anhuma):

The Prophet ﷺ said, “Al-Ka’bah’ir (the biggest sins) are: To join others (as partners) in worship with Allah, to be undutiful to one’s parents,” or said, “to take a false oath.” (The sub-narrator, Shu’ba is not sure) Mu’adh said: Shu’ba said, “Al-kaba’ir (the biggest sins) are: (1) Joining others as partners in worship with Allah, (2) to take a false oath (3) and to be undutiful to one’s parents,” or said, “to murder (someone unlawfully).

Reference
: Sahih al-Bukhari 6870
USC-MSA reference
: Vol. 9, Book 83, Hadith 9 (old numbering)

6871. Narrated Anas bin Malik (radhiyallahu anhu):

The Prophet ﷺ said, “The biggest of Al-Ka’bah’ir (the great sins) are (1) to join others as partners in worship with Allah, (2) to murder a human being, (3) to be undutiful to one’s parents (4) and to make a false statement,” or said, “to give a false witness.”

Reference
: Sahih al-Bukhari 6871
USC-MSA reference
: Vol. 9, Book 83, Hadith 10 (old numbering)

6872. Narrated Usama bin Zaid bin Haritha (radhiyallahu anhuma):

Allah’s Messenger ﷺ sent us (to fight) against Al-Huraqa (one of the sub-tribes) of Juhaina. We reached those people in the morning and defeated them. A man from the Ansar and I chased one of their men and when we attacked him, he said, “None has the right to be worshipped but Allah.” The Ansari refrained from killing him but I stabbed him with my spear till I killed him. When we reached (Al-Madina), this news reached the Prophet ﷺ. He said to me, “O Usama! You killed him after he had said, ‘None has the right to be worshipped but Allah?”‘ I said, “O Allah’s Messenger ﷺ! He said so in order to save himself.” The Prophet ﷺ said, “You killed him after he had said, ‘None has the right to be worshipped but Allah.” The Prophet ﷺ kept on repeating that statement till I wished I had not been a Muslim before that day.

Reference
: Sahih al-Bukhari 6872
USC-MSA reference
: Vol. 9, Book 83, Hadith 11 (old numbering)

6873. Narrated ‘Ubada bin As-Samat (radhiyallahu anhu):

I was among those Naqibs (selected leaders) who gave the Pledge of allegiance to Allah’s Messenger ﷺ. We gave the oath of allegiance, that we would not join partners in worship besides Allah, would not steal, would not commit illegal sexual intercourse, would not kill a life which Allah has forbidden, would not commit robbery, would not disobey (Allah and His Messenger ﷺ), and if we fulfilled this pledge we would have Paradise, but if we committed any one of these (sins), then our case will be decided by Allah.

Reference
: Sahih al-Bukhari 6873
USC-MSA reference
: Vol. 9, Book 83, Hadith 12 (old numbering)

6874. Narrated ‘Abdullah (radhiyallahu anhu):

The Prophet ﷺ said, “Whoever carries arms against us, is not from us.”

Reference
: Sahih al-Bukhari 6874
USC-MSA reference
: Vol. 9, Book 83, Hadith 13 (old numbering)

6875. Narrated Al-Ahnaf bin Qais:

I went to help that man (i.e., ‘Ali), and on the way I met Abu Bakra who asked me, “Where are you going?” I replied, “I am going to help that man.” He said, “Go back, for I heard Allah’s Messenger ﷺ saying, ‘If two Muslims meet each other with their swords then (both) the killer and the killed one are in the (Hell) Fire.’ I said, ‘O Allah’s Messenger ﷺ! It is alright for the killer, but what about the killed one?’ He said, ‘The killed one was eager to kill his opponent.”

Reference
: Sahih al-Bukhari 6875
USC-MSA reference
: Vol. 9, Book 83, Hadith 14 (old numbering)
Chapter 3

The Statement of Allah: “O you who believe! Al-Qisas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives) of the killed against blood-money, then adhering to it with fairness and payment of the blood-money to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this, whoever transgresses the limits (i.e., kills the killer after taking the blood-money), he shall have a painful torment.” (V.2:178)

بَابُ قَوْلِ اللَّهِ تَعَالَى: {يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالأُنْثَى بِالأُنْثَى فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ ذَلِكَ تَخْفِيفٌ مِنْ رَبِّكُمْ وَرَحْمَةٌ فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ فَلَهُ عَذَابٌ أَلِيمٌ}

Chapter 4

To question the killer till he confesses; and confession in cases where Divinely prescribed punishments are imperative.

باب سُؤَالِ الْقَاتِلِ حَتَّى يُقِرَّ وَالإِقْرَارِ فِي الْحُدُودِ

6876. Narrated Anas bin Malik (radhiyallahu anhu):

A Jew crushed the head of a girl between two stones, and the girl was asked, “Who has done that to you, so-and-so or so and so?” (Some names were mentioned for her) till the name of that Jew was mentioned (whereupon she agreed). The Jew was brought to the Prophet ﷺ and the Prophet ﷺ kept on questioning him till he confessed, whereupon his head was crushed with stones.

Reference
: Sahih al-Bukhari 6876
USC-MSA reference
: Vol. 9, Book 83, Hadith 15 (old numbering)
Chapter 5

If someone kills (somebody) with a stone or with a stick.

باب إِذَا قَتَلَ بِحَجَرٍ أَوْ بِعَصًا

6877. Narrated Anas bin Malik (radhiyallahu anhu):

A girl wearing ornaments, went out at Al-Madina. Somebody struck her with a stone. She was brought to the Prophet ﷺ while she was still alive. Allah’s Messenger ﷺ asked her, “Did such-and-such a person strike you?” She raised her head, denying that. He asked her a second time, saying, “Did so-and-so strike you?” She raised her head, denying that. He said for the third time, “Did so-and-so strike you?” She lowered her head, agreeing. Allah’s Messenger ﷺ then sent for the killer and killed him between two stones.

Reference
: Sahih al-Bukhari 6877
USC-MSA reference
: Vol. 9, Book 83, Hadith 16 (old numbering)
Chapter 6

The Statement of Allah: “(And We ordained therein for them:) ‘Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth and wounds equal for equal.’ But if anyone remits the retaliation by way of charity, it shall be for him an expiation. And whosoever does not judge by that which Allah has revealed, such are the Zalimun (polytheists, oppressors and wrongdoers of a lesser degree).” (V.5:45)

باب قَوْلِ اللَّهِ تَعَالَى {أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالأَنْفَ بِالأَنْفِ وَالأُذُنَ بِالأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ فَمَنْ تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَهُ وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الظَّالِمُونَ}

6878. Narrated ‘Abdullah (radhiyallahu anhu):

Allah’s Messenger ﷺ said, “The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Messenger ﷺ, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims.”

Reference
: Sahih al-Bukhari 6878
USC-MSA reference
: Vol. 9, Book 83, Hadith 17 (old numbering)
Chapter 7

Whoever punished (a killer) with a stone (in retaliation).

باب مَنْ أَقَادَ بِالْحَجَرِ

6879. Narrated Anas (radhiyallahu anhu):

A Jew killed a girl so that he may steal her ornaments. He struck her with a stone, and she was brought to the Prophet ﷺ while she was still alive. The Prophet ﷺ asked her, “Did such-and-such person strike you?” She gestured with her head, expressing denial. He asked her for the second time, and she again gestured with her head, expressing denial. When he asked her for the third time, she beckoned, “Yes.” So the Prophet ﷺ killed him (the Jew) with two stones.

Reference
: Sahih al-Bukhari 6879
USC-MSA reference
: Vol. 9, Book 83, Hadith 18 (old numbering)
Chapter 8

The relative of the killed person has the right to choose one of two compensations (i.e., to have the killer killed, or to accept blood-money).

باب مَنْ قُتِلَ لَهُ قَتِيلٌ فَهْوَ بِخَيْرِ النَّظَرَيْنِ

6880. Narrated Abu Hurairah (radhiyallahu anhu):

In the year of the Conquest of Makkah, the tribe of Khuza’a killed a man from the tribe of Bam Laith in revenge for a killed person belonging to them in the Pre-Islamic Period of Ignorance. So Allah’s Messenger ﷺ got up saying, “Allah held back the (army having) elephants from Makkah, but He let His Messenger ﷺ and the believers overpower the infidels (of Makkah). Beware! (Makkah is a sanctuary)! Verily! Fighting in Makkah was not permitted for anybody before me, nor will it be permitted for anybody after me; It was permitted for me only for a while (an hour or so) of that day. No doubt! It is at this moment a sanctuary; its thorny shrubs should not be uprooted; its trees should not be cut down; and its Luqata (fallen things) should not be picked up except by the one who would look for its owner. And if somebody is killed, his closest relative has the right to choose one of two things, i.e., either the Blood money or retaliation by having the killer killed.” Then a man from Yemen, called Abu Shah, stood up and said, “Write that) for me, O Allah’s Messenger ﷺ!” Allah’s Messenger ﷺ said (to his companions), “Write that for Abu Shah.” Then another man from Quraish got up, saying, “O Allah’s Messenger ﷺ! Except Al-Idhkhir (a special kind of grass) as we use it in our houses and for graves.” Allah’s Messenger ﷺ said, “Except Al-idhkkir.”

Reference
: Sahih al-Bukhari 6880
USC-MSA reference
: Vol. 9, Book 83, Hadith 19 (old numbering)

6881. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

For the children of Israel the punishment for crime was Al-Qisas only (i.e., the law of equality in punishment) and the payment of Blood money was not permitted as an alternate. But Allah said to this nation (Muslims): ‘O you who believe! Qisas is prescribed for you in case of murder, …..(up to) …end of the Verse. (2.178)

Ibn ‘Abbas added: Remission (forgiveness) in this Verse, means to accept the Blood-money in an intentional murder. Ibn ‘Abbas added: The Verse: ‘Then the relatives should demand Blood-money in a reasonable manner.’ (2.178) means that the demand should be reasonable and it is to be compensated with handsome gratitude.

Reference
: Sahih al-Bukhari 6881
USC-MSA reference
: Vol. 9, Book 83, Hadith 20 (old numbering)
Chapter 9

Whoever seeks to shed somebody’s blood without any right.

باب مَنْ طَلَبَ دَمَ امْرِئٍ بِغَيْرِ حَقٍّ

6882. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

The Prophet ﷺ said, “The most hated persons to Allah are three: (1) A person who deviates from the right conduct, i.e., an evil doer, in the Haram (sanctuaries of Makkah and Al-Madina); (2) a person who seeks that the traditions of the Pre-Islamic Period of Ignorance, should remain in Islam (3) and a person who seeks to shed somebody’s blood without any right.”

Reference
: Sahih al-Bukhari 6882
USC-MSA reference
: Vol. 9, Book 83, Hadith 21 (old numbering)
Chapter 10

Excusing somebody who killed another by mistake.

باب الْعَفْوِ فِي الْخَطَإِ بَعْدَ الْمَوْتِ

6883. Narrated ‘Aishah (radhiyallahu anha):

The pagans were defeated on the day (of the battle) of Uhud. Satan shouted among the people on the day of Uhud, “O Allah’s worshippers! Beware of what is behind you!” So the front file of the army attacked the back files (mistaking them for the enemy) till they killed Al-Yaman. Hudhaifa (bin Al-Yaman) shouted, “My father!” My father! But they killed him. Hudhaifa said, “May Allah forgive you.” (The narrator added: Some of the defeated pagans fled till they reached Taif.)

Reference
: Sahih al-Bukhari 6883
USC-MSA reference
: Vol. 9, Book 83, Hadith 22 (old numbering)
Chapter 11

The Statement of Allah: “It is not for a believer to kill a believer except (that it be) by mistake, and whosoever kills a believer by mistake, (it is ordained that) he must set free a believing slave and a compensation (blood-money, i.e., Diya) be given to the deceased’s family, unless they remit it. If the deceased belonged to a people at war with you and he was a believer, the freeing of a believing slave (is prescribed); and if he belonged to a people with whom you have a treaty of mutual alliance, compensation (blood-money – Diya) must be paid to his family, and a believing slave must be freed. And whoso finds this (the penance of freeing a slave) beyond his means, he must observe Saum (fasts) for two consecutive months in order to seek repentance from Allah. And Allah is Ever All-Knowing, All-Wise.” (V.4:92)

بَابُ قَوْلِ اللَّهِ تَعَالَى: {وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِنًا إِلاَّ خَطَأً وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ إِلاَّ أَنْ يَصَّدَّقُوا فَإِنْ كَانَ مِنْ قَوْمٍ عَدُوٍّ لَكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ وَإِنْ كَانَ مِنْ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُمْ مِيثَاقٌ فَدِيَةٌ مُسَلَّمَةٌ إِلَى أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ تَوْبَةً مِنَ اللَّهِ وَكَانَ اللَّهُ عَلِيمًا حَكِيمًا}

Chapter 12

If a killer confesses once, he should be killed.

باب إِذَا أَقَرَّ بِالْقَتْلِ مَرَّةً قُتِلَ بِهِ

6884. Narrated Anas bin Malik (radhiyallahu anhu):

A Jew crushed the head of a girl between two stones. It was said to her. “Who has done this to you, such-and-such person, such-and-such person?” When the name of the Jew was mentioned, she nodded with her head, agreeing. So the Jew was brought and he confessed. The Prophet ﷺ ordered that his head be crushed with the stones. (Hammam said, “with two stones.”)

Reference
: Sahih al-Bukhari 6884
USC-MSA reference
: Vol. 9, Book 83, Hadith 23 (old numbering)
Chapter 13

Killing a man for having killed a woman.

باب قَتْلِ الرَّجُلِ بِالْمَرْأَةِ

6885. Narrated Anas bin Malik (radhiyallahu anhu):

The Prophet ﷺ killed a Jew for killing a girl in order to take her orna

Reference
: Sahih al-Bukhari 6885
USC-MSA reference
: Vol. 9, Book 83, Hadith 24 (old numbering)
Chapter 14

Al-Qisas (Law of Equality in punishment) in cases of injury among men and women.

باب الْقِصَاصِ بَيْنَ الرِّجَالِ وَالنِّسَاءِ فِي الْجِرَاحَاتِ

6886. Narrated ‘Aishah (radhiyallahu anha):

We poured medicine into the mouth of the Prophet ﷺ during his ailment. He said, “Don’t pour medicine into my mouth.” (We thought he said that) out of the aversion a patient usually has for medicines. When he improved and felt better he said, “There is none of you but will be forced to drink medicine, except Al-‘Abbas, for he did not witness your deed.”

Reference
: Sahih al-Bukhari 6886
USC-MSA reference
: Vol. 9, Book 83, Hadith 25 (old numbering)
Chapter 15

Whoever took his right or retaliation from somebody without submitting the case to the ruler.

باب مَنْ أَخَذَ حَقَّهُ أَوِ اقْتَصَّ دُونَ السُّلْطَانِ

6887. Narrated Abu Hurairah (radhiyallahu anhu):

That he heard Allah’s Messenger ﷺ saying, “We (Muslims) are the last (to come) but (will be) the foremost (on the Day of Resurrection).”

Reference
: Sahih al-Bukhari 6887
USC-MSA reference
: Vol. 9, Book 83, Hadith 26 (old numbering)

6888. And added, “If someone is peeping (looking secretly) into your house without your permission, and you throw a stone at him and destroy his eyes, there will be no blame on you.”

Reference
: Sahih al-Bukhari 6888
USC-MSA reference
: Vol. 9, Book 83, Hadith 26 (old numbering)

6889. Narrated Yahya:

Humaid said, “A man peeped into the house of the Prophet ﷺ and the Prophet ﷺ aimed an arrow head at him to hit him.” I asked, “Who told you that?” He said, “Anas bin Malik” (See Hadith No. 258 and 259, Vol. 8)

Reference
: Sahih al-Bukhari 6889
USC-MSA reference
: Vol. 9, Book 83, Hadith 27 (old numbering)
Chapter 16

If someone dies or is killed in a big crowd.

باب إِذَا مَاتَ فِي الزِّحَامِ أَوْ قُتِلَ

6890. Narrated ‘Aishah (radhiyallahu anha):

“When it was the day of (the battle of) Uhud, the pagans were defeated. Then Satan shouted, “O Allah’s worshipers! Beware of what is behind you!” So the front files attacked the back files of the army. Hudhaifa looked, and behold, there was his father, Al-Yaman (being attacked) ! He shouted (to his companions), “O Allah’s worshipers, my father, my father!” But by Allah, they did not stop till they killed him (i.e., Hudhaifa’s father). Hudhaifa said, “May Allah forgive you.” (‘Urwa said, Hudhaifa continued asking Allah’s Forgiveness for the killer of his father till he died.

Reference
: Sahih al-Bukhari 6890
USC-MSA reference
: Vol. 9, Book 83, Hadith 28 (old numbering)
Chapter 17

If someone kills himself by mistake then there is no Diya (blood-money) for him.

باب إِذَا قَتَلَ نَفْسَهُ خَطَأً فَلاَ دِيَةَ لَهُ

6891. Narrated Salama (radhiyallahu anhu):

We went out with the Prophet ﷺ to Khaibar. A man (from the companions) said, “O ‘Amir! Let us hear some of your Huda (camel-driving songs.)” So he sang some of them (i.e. a lyric in harmony with the camels walk). The Prophet ﷺ said, “Who is the driver (of these camels)?” They said, “Amir.” The Prophet ﷺ said, “May Allah bestow His Mercy on him !” The people said, “O Allah’s Messenger ﷺ! Would that you let us enjoy his company longer!” Then ‘Amir was killed the following morning. The people said, “The good deeds of ‘Amir are lost as he has killed himself.” I returned at the time while they were talking about that. I went to the Prophet ﷺ and said, “O Allah’s Prophet ﷺ! Let my father be sacrificed for you! The people claim that ‘Amir’s good deeds are lost.” The Prophet ﷺ said, “Whoever says so is a liar, for ‘Amir will have a double reward as he exerted himself to obey Allah and fought in Allah’s Cause. No other way of killing would have granted him greater reward.”

Reference
: Sahih al-Bukhari 6891
USC-MSA reference
: Vol. 9, Book 83, Hadith 29 (old numbering)
Chapter 18

If somebody bites a man and has his one tooth broken.

باب إِذَا عَضَّ رَجُلاً فَوَقَعَتْ ثَنَايَاهُ

6892. Narrated ‘Imran bin Husain (radhiyallahu anhu):

A man bit another man’s hand and the latter pulled his hand out of his mouth by force, causing two of his incisors (teeth) to fall out. They submitted their case to the Prophet ﷺ, who said, “One of you bit his brother as a male camel bites. (Go away), there is no Diya (Blood-money) for you.”

Reference
: Sahih al-Bukhari 6892
USC-MSA reference
: Vol. 9, Book 83, Hadith 30 (old numbering)

6893. Narrated Ya’la (radhiyallahu anhu):

I went out in one of the Ghazwa and a man bit another man and as a result, an incisor tooth of the former was pulled out. The Prophet ﷺ cancelled the case.

Reference
: Sahih al-Bukhari 6893
USC-MSA reference
: Vol. 9, Book 83, Hadith 31 (old numbering)
Chapter 19

Tooth for tooth.

باب السِّنِّ بِالسِّنِّ

6894. Narrated Anas (radhiyallahu anhu):

The daughter of An-Nadr slapped a girl and broke her incisor tooth. They (the relatives of that girl), came to the Prophet ﷺ and he gave the order of Qisas (equality in punishment).

Reference
: Sahih al-Bukhari 6894
USC-MSA reference
: Vol. 9, Book 83, Hadith 32 (old numbering)
Chapter 20

The Diya for (cutting) fingers.

باب دِيَةِ الأَصَابِعِ

6895. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

The Prophet ﷺ said, “This and this are the same.” He meant the little finger and the thumb.

Reference
: Sahih al-Bukhari 6895
USC-MSA reference
: Vol. 9, Book 83, Hadith 33 (old numbering)

6895b. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

I heard the Prophet ﷺ (saying the same as above Hadith 34).

Reference
: Sahih al-Bukhari 6895b
USC-MSA reference
: Vol. 9, Book 83, Hadith 34 (old numbering)
Chapter 21

If a group of people have killed or injured one man, will all of them have to give the Diya or be punished with the law of Al-Qisas (equality in punishment)?

باب إِذَا أَصَابَ قَوْمٌ مِنْ رَجُلٍ هَلْ يُعَاقِبُ أَوْ يَقْتَصُّ مِنْهُمْ كُلِّهِمْ

6896. Ibn ‘Umar (radhiyallahu anhuma) said: A boy was assassinated. ‘Umar said, “If all the people of San’a’ took part in the assassination I would kill them all.”
Al-Mughira bin Hakim said that his father said, “Four persons killed a boy, and ‘Umar said (as above).”
Abu Bakr, Ibn Az-Zubair, ‘Ali and Suwaid bin Muqarrin gave the judgement of Al-Qisas (equality in punishment) in cases of slapping. And ‘Umar carried out Al-Qisas for a strike with a stick. And ‘Ali carried out Al-Qisas for three lashes with a whip. And Shuraih carried out for one lash and for scratching.

Reference
: Sahih al-Bukhari 6896
USC-MSA reference
: Vol. 9, Book 83, Hadith 34 (old numbering)

6897. Narrated ‘Aishah (radhiyallahu anha):

We poured medicine into the mouth of Allah’s Messenger ﷺ during his illness, and he pointed out to us intending to say, “Don’t pour medicine into my mouth.” We thought that his refusal was out of the aversion a patient usually has for medicine. When he improved and felt a bit better he said (to us.) “Didn’t I forbid you to pour medicine into my mouth?” We said, “We thought (you did so) because of the aversion, one usually have for medicine.” Allah’s Messenger ﷺ said, “There is none of you but will be forced to drink medicine, and I will watch you, except Al-‘Abbas, for he did not witness this act of yours.”

Reference
: Sahih al-Bukhari 6897
USC-MSA reference
: Vol. 9, Book 83, Hadith 35 (old numbering)
Chapter 22

Al-Qasama [the oath taken by fifty people (of the defendant) regarding a murder case when no evidence is available].

باب الْقَسَامَةِ

6898. Narrated Sahl bin Abi Hathma (radhiyallahu anhu):

(a man from the Ansar) that a number of people from his tribe went to Khaibar and dispersed, and then they found one of them murdered. They said to the people with whom the corpse had been found, “You have killed our companion!” Those people said, “Neither have we killed him, nor do we know his killer.” The bereaved group went to the Prophet ﷺ and said, “O Allah’s Messenger ﷺ! We went to Khaibar and found one of us murdered.” The Prophet ﷺ said, “Let the older among you come forward and speak.” Then the Prophet ﷺ said, to them, “Bring your proof against the killer.” They said “We have no proof.” The Prophet ﷺ said, “Then they (the defendants) will take an oath.” They said, “We do not accept the oaths of the Jews.” Allah’s Messenger ﷺ did not like that the Blood-money of the killed one be lost without compensation, so he paid one-hundred camels out of the camels of Zakat (to the relatives of the deceased) as Diya (Blood-money).

Reference
: Sahih al-Bukhari 6898
USC-MSA reference
: Vol. 9, Book 83, Hadith 36 (old numbering)

6899. Narrated Abu Qilaba:

Once ‘Umar bin ‘Abdul ‘Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, “What do you think of Al-Qasama?” They said, “We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it.” Then he said to me, “O Abu Qilaba! What do you say about it?” He let me appear before the people and I said, “O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?” He said, “No.” I said, “If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?” He replied, “No.” I said, “By Allah, Allah’s Messenger ﷺ never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Messenger ﷺ and deserted Islam and became an apostate.” Then the people said, “Didn’t Anas bin Malik narrate that Allah’s Messenger ﷺ cut off the hands of the thieves, branded their eyes and then, threw them in the sun?” I said, “I shall tell you the narration of Anas. Anas said: “Eight persons from the tribe of ‘Ukl came to Allah’s Messenger ﷺ and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Al-Madina) did not suit them, so they became sick and complained about that to Allah’s Messenger ﷺ. He said (to them ), “Won’t you go out with the shepherd of our camels and drink of the camels’ milk and urine (as medicine)?” They said, “Yes.” So they went out and drank the camels’ milk and urine, and after they became healthy, they killed the shepherd of Allah’s Messenger ﷺ and took away all the camels. This news reached Allah’s Messenger ﷺ , so he sent (men) to follow their traces and they were captured and brought (to the Prophet ﷺ). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died.” I said, “What can be worse than what those people did? They deserted Islam, committed murder and theft.”

Then ‘Anbasa bin Said said, “By Allah, I never heard a narration like this of today.” I said, “O ‘Anbasa! You deny my narration?” ‘Anbasa said, “No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them.” I added, “Indeed in this event there has been a tradition set by Allah’s Messenger ﷺ. The narrator added: Some Ansari people came to the Prophet ﷺ and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah’s Messenger ﷺ and said to him, “O Allah’s Messenger ﷺ, we have found our companion who had talked with us and gone out before us, swimming in blood (killed).” Allah’s Messenger ﷺ went out and asked them, “Whom do you suspect or whom do you think has killed him?” They said, “We think that the Jews have killed him.” The Prophet ﷺ sent for the Jews and asked them, “Did you kill this (person)?” They replied, “No.” He asked the Al-Ansars, “Do you agree that I let fifty Jews take an oath that they have not killed him?” They said, “It matters little for the Jews to kill us all and then take false oaths.” He said, “Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?” They said, “We will not take the oath.” Then the Prophet ﷺ himself paid them the Diya (Blood-money).” The narrator added, “The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-Islamic period of Ignorance.

Then, at a place called Al-Batha’ (near Makkah), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to ‘Umar during the Hajj season and said, “He has killed our companion.” The Yemenite said, “But these people had repudiated him (i.e., their companion).” ‘Umar said, “Let fifty persons of Hudhail swear that they had not repudiated him.” So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, “We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died.” I further said, “‘Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham.”

Reference
: Sahih al-Bukhari 6899
USC-MSA reference
: Vol. 9, Book 83, Hadith 37 (old numbering)
Chapter 23

If somebody peeps into the house of some people whereupon they poked his eye, he has no right to claim blood-money.

باب مَنِ اطَّلَعَ فِي بَيْتِ قَوْمٍ فَفَقَئُوا عَيْنَهُ فَلاَ دِيَةَ لَهُ

6900. Narrated Anas (radhiyallahu anhu):

A man peeped into one of the dwelling places of the Prophet ﷺ. The Prophet ﷺ got up and aimed a sharp-edged arrow head (or wooden stick) at him to poke him stealthily.

Reference
: Sahih al-Bukhari 6900
USC-MSA reference
: Vol. 9, Book 83, Hadith 38a (old numbering)

6901. Narrated Sahl bin Sa’d As-Sa’idi (radhiyallahu anhu):

A man peeped through a hole in the door of Allah’s Messenger’s ﷺ house, and at that time, Allah’s Messenger ﷺ had a Midri (an iron comb or bar) with which he was rubbing his head. So when Allah’s Messenger ﷺ saw him, he said (to him), “If I had been sure that you were looking at me (through the door), I would have poked your eye with this (sharp iron bar).” Allah’s Messenger ﷺ added, “The asking for permission to enter has been enjoined so that one may not look unlawfully (at what there is in the house without the permission of its people).”

Reference
: Sahih al-Bukhari 6901
USC-MSA reference
: Vol. 9, Book 83, Hadith 38 (old numbering)

6902. Narrated Abu Hurairah (radhiyallahu anhu):

Abul Qasim said, “If any person peeps at you without your permission and you poke him with a stick and injure his eye, you will not be blamed.”

Reference
: Sahih al-Bukhari 6902
USC-MSA reference
: Vol. 9, Book 83, Hadith 39 (old numbering)
Chapter 24

Al-‘Aqila (the relatives from the father’s side) who pay the Diya (blood-money).

باب الْعَاقِلَةِ

6903. Narrated Ash-Sha’bi:

I heard Abu Juhaifa saying, “I asked ‘Ali ‘Have you got any Divine literature apart from the Qur’an?’ (Once he said…apart from what the people have?) ‘Ali replied, ‘By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Qur’an and the ability (gift) of understanding Allah’s Book which He may endow a man with and we have what is written in this paper.’ I asked, ‘What is written in this paper?’ He replied, ‘Al-‘Aql (the regulation of Diya), about the ransom of captives, and the Judgment that a Muslim should not be killed in Qisas (equality in punishment) for killing a disbeliever.” (See Hadith No. 283,Vol. 4)

Reference
: Sahih al-Bukhari 6903
USC-MSA reference
: Vol. 9, Book 83, Hadith 40 (old numbering)
Chapter 25

The foetus (that is inside the uterus) of a (pregnant) woman.

باب جَنِينِ الْمَرْأَةِ

6904. Narrated Abu Hurairah (radhiyallahu anhu):

Two women from the tribe of Hudhail (fought with each other) and one of them threw (a stone at) the other, causing her to have a miscarriage and Allah’s Messenger ﷺ gave his verdict that the killer (of the fetus) should give a male or female slave (as a Diya).

Reference
: Sahih al-Bukhari 6904
USC-MSA reference
: Vol. 9, Book 83, Hadith 41 (old numbering)

6905. Narrated Hisham’s father from Al-Mughira bin Shu’ba:

‘Umar consulted the companions about the case of a woman’s abortion (caused by somebody else). Al-Mughlra said: The Prophet ﷺ gave the verdict that a male or female slave should be given (as a Diya).

Reference
: Sahih al-Bukhari 6905
USC-MSA reference
: Vol. 9, Book 83, Hadith 42e (old numbering)

6906. Then Muhammad bin Maslama testified that he had witnessed the Prophet ﷺ giving such a verdict.

Reference
: Sahih al-Bukhari 6906
USC-MSA reference
: Vol. 9, Book 83, Hadith 42e (old numbering)

6907. Narrated Hisham’s father:

‘Umar asked the people, “Who heard the Prophet ﷺ giving his verdict regarding abortions?” Al-Mughira said, “I heard him judging that a male or female slave should be given (as a Diya).” ‘Umar said, “Present a witness to testify your statement.” Muhammad bin Maslama said, “I testify that the Prophet ﷺ gave such a judgment.”

Reference
: Sahih al-Bukhari 6907
USC-MSA reference
: Vol. 9, Book 83, Hadith 42 (old numbering)

6908. [H. 6907 contd.] ‘Umar said, “Present a witness to testify your statement.” Muhammad bin Maslama said, “I testify that the Prophet ﷺ gave such a judgment.”

Reference
: Sahih al-Bukhari 6908
USC-MSA reference
: Vol. 9, Book 83, Hadith 42 (old numbering)

6908b. Narrated ‘Urwa:

I heard Al-Mughira bin Shu’ba narrating that ‘Umar had consulted them about the case of abortion (similarly as narrated in Hadith No. 6905, 6906, 6907).

Reference
: Sahih al-Bukhari 6908b
USC-MSA reference
: Vol. 9, Book 83, Hadith 43 (old numbering)
Chapter 26

The foetus of a woman. The Diya for the killed one is to be collected from the father of the killer, and his ‘Asaba (near relatives from the father’s side) but not from the killer’s children.

باب جَنِينِ الْمَرْأَةِ وَأَنَّ الْعَقْلَ عَلَى الْوَالِدِ وَعَصَبَةِ الْوَالِدِ لاَ عَلَى الْوَلَدِ

6909. Narrated Abu Hurairah (radhiyallahu anhu):

Allah’s Messenger ﷺ gave a verdict regarding an aborted fetus of a woman from Bani Lihyan that the killer (of the fetus) should give a male or female slave (as a Diya) but the woman who was required to give the slave, died, so Allah’s Messenger ﷺ gave the verdict that her inheritance be given to her children and her husband and the Diya be paid by her ‘Asaba.

Reference
: Sahih al-Bukhari 6909
USC-MSA reference
: Vol. 9, Book 83, Hadith 44 (old numbering)

6910. Narrated Abu Hurairah (radhiyallahu anhu):

Two women from Hudhail fought with each other and one of them hit the other with a stone that killed her and what was in her womb. The relatives of the killer and the relatives of the victim submitted their case to the Prophet ﷺ who judged that the Diya for the fetus was a male or female slave, and the Diya for the killed woman was to be paid by the ‘Asaba (near relatives) of the killer.

Reference
: Sahih al-Bukhari 6910
USC-MSA reference
: Vol. 9, Book 83, Hadith 45 (old numbering)
Chapter 27

Whoever sought the help of a slave or a boy.

باب مَنِ اسْتَعَانَ عَبْدًا أَوْ صَبِيًّا

6911. Narrated ‘Abdul-‘Aziz:

Anas said, “When Allah’s Messenger ﷺ arrived at Al-Madina, Abu Talha took hold of my hand and brought me to Allah’s Messenger ﷺ and said, “O Allah’s Messenger ﷺ! Anas is an intelligent boy, so let him serve you.” Anas added, “So I served the Prophet ﷺ L at home and on journeys; by Allah, he never said to me for anything which I did: Why have you done this like this or, for anything which I did not do: ‘Why have you not done this like this?”

Reference
: Sahih al-Bukhari 6911
USC-MSA reference
: Vol. 9, Book 83, Hadith 46 (old numbering)
Chapter 28

No Diya (blood-money) is to be paid in cases of mines and wells.

باب الْمَعْدِنُ جُبَارٌ وَالْبِئْرُ جُبَارٌ

6912. Narrated Abu Hurairah (radhiyallahu anhu):

Allah’s Messenger ﷺ said, “There is no Diya for persons killed by animals or for the one who has been killed accidentally by falling into a well or for the one killed in a mine. And one-fifth of Rikaz (treasures buried before the Islamic era) is to be given to the state.”

Reference
: Sahih al-Bukhari 6912
USC-MSA reference
: Vol. 9, Book 83, Hadith 47 (old numbering)
Chapter 29

There is no Diya (blood-money) for the one killed by an animal unaccompanied by somebody to control it.

باب الْعَجْمَاءُ جُبَارٌ

6913. Narrated Abu Hurairah (radhiyallahu anhu):

The Prophet ﷺ said, “There is no Diya for a person injured or killed by an animal (going about without somebody to control it) and similarly, there is no Diya for the one who falls and dies in a well, and also the one who dies in a mine. As regards the Ar-Rikaz (buried wealth), one-fifth thereof is for the state.”

Reference
: Sahih al-Bukhari 6913
USC-MSA reference
: Vol. 9, Book 83, Hadith 48 (old numbering)
Chapter 30

The sin of a person who killed an innocent Dhimmi (a non-Muslim living in a Muslim state and enjoying the protection of Muslims).

باب إِثْمِ مَنْ قَتَلَ ذِمِّيًّا بِغَيْرِ جُرْمٍ

6914. Narrated ‘Abdullah bin ‘Amr (radhiyallahu anhuma):

The Prophet ﷺ said, “Whoever killed a Mu’ahid (a person who is granted the pledge of protection by the Muslims) shall not smell the fragrance of Paradise though its fragrance can be smelt at a distance of forty years (of traveling).”

Reference
: Sahih al-Bukhari 6914
USC-MSA reference
: Vol. 9, Book 83, Hadith 49 (old numbering)
Chapter 31

A Muslim should not be killed for killing a Kafir (disbeliever).

باب لاَ يُقْتَلُ الْمُسْلِمُ بِالْكَافِرِ

6915. Narrated Abu Juhaifa (radhiyallahu anhu):

I asked ‘Ali “Do you have anything Divine literature besides what is in the Qur’an?” Or, as Uyaina once said, “Apart from what the people have?” ‘Ali said, “By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Qur’an and the ability (gift) of understanding Allah’s Book which He may endow a man, with and what is written in this sheet of paper.” I asked, “What is on this paper?” He replied, “The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever).”

Reference
: Sahih al-Bukhari 6915
USC-MSA reference
: Vol. 9, Book 83, Hadith 50 (old numbering)
Chapter 32

If a Muslim, being furious, slaps a Jew, (no compensation is required).

باب إِذَا لَطَمَ الْمُسْلِمُ يَهُودِيًّا عِنْدَ الْغَضَبِ

6916. Narrated Abu Sa’id (radhiyallahu anhu):

The Prophet ﷺ said, “Do not prefer some prophets to others.”

Reference
: Sahih al-Bukhari 6916
USC-MSA reference
: Vol. 9, Book 83, Hadith 51 (old numbering)

6917. Narrated Abu Sa’id Al-Khudri (radhiyallahu anhu):

A Jew whose face had been slapped (by someone), came to the Prophet ﷺ and said, “O Muhammad ﷺ! A man from your Ansari companions slapped me. ” The Prophet ﷺ said, “Call him”. They called him and the Prophet ﷺ asked him, “Why did you slap his face?” He said, “O Allah’s Messenger ﷺ! While I was passing by the Jews, I heard him saying, ‘By Him Who chose Moses above all the human beings.’ I said (protestingly), ‘Even above Muhammad ﷺ?’ So I became furious and slapped him.” The Prophet ﷺ said, “Do not give me preference to other prophets, for the people will become unconscious on the Day of Resurrection and I will be the first to gain conscious, and behold, I will Find Moses holding one of the pillars of the Throne (of Allah). Then I will not know whether he has become conscious before me or he has been exempted because of his unconsciousness at the mountain (during his worldly life) which he received.”

Reference
: Sahih al-Bukhari 6917
USC-MSA reference
: Vol. 9, Book 83, Hadith 52 (old numbering)

No ahadith match your search.

Sahih al-Bukhari: Book 86: Limits and Punishments set by Allah (Hudood)

Sahih al-Bukhari · Book 86 of 97

Limits and Punishments Set by Allah

كتاب الحدود · Hudood

Hadith 6772 – 686085 Ahadith

Chapter

What Hudud one should beware of.

بَابُ مَا يُحْذَرُ مِنَ الْحُدُودِ

Chapter 1

(The crimes of) illegal sexual intercourse and the drinking of alcoholic drinks.

باب لاَ يُشْرَبُ الْخَمْرُ

6772. Narrated Abu Hurairah (radhiyallahu anhu):

Allah’s Messenger ﷺ said, “When an adulterer commits illegal sexual intercourse, then he is not a believer at the time he is doing it; and when somebody drinks an alcoholic drink, then he is not believer at the time of drinking, and when a thief steals, he is not a believer at the time when he is stealing; and when a robber robs and the people look at him, then he is not a believer at the time of doing it.” Abu Hurairah in another narration, narrated the same from the Prophet ﷺ with the exclusion of robbery.

Reference
: Sahih al-Bukhari 6772
USC-MSA reference
: Vol. 8, Book 81, Hadith 763 (old numbering)
Chapter 2

What is said regarding the beating (lashing) of a drunk.

باب مَا جَاءَ فِي ضَرْبِ شَارِبِ الْخَمْرِ

6773. Narrated Anas bin Malik (radhiyallahu anhu):

The Prophet ﷺ beat a drunk with palm-leaf stalks and shoes. And Abu Bakr gave (such a sinner) forty lashes.

Reference
: Sahih al-Bukhari 6773
USC-MSA reference
: Vol. 8, Book 81, Hadith 764 (old numbering)
Chapter 3

Whoever ordered that the legal punishment was to be carried out at home.

باب مَنْ أَمَرَ بِضَرْبِ الْحَدِّ فِي الْبَيْتِ

6774. Narrated ‘Uqba bin Al-Harith (radhiyallahu anhu):

An-Nu’man or the son of An-Nu’man was brought to the Prophet ﷺ on a charge of drunkenness. So the Prophet ﷺ ordered all the men present in the house, to beat him. So all of them beat him, and I was also one of them who beat him with shoes.

Reference
: Sahih al-Bukhari 6774
USC-MSA reference
: Vol. 8, Book 81, Hadith 765 (old numbering)
Chapter 4

Beating with stalks of datepalm leaves and shoes.

باب الضَّرْبِ بِالْجَرِيدِ وَالنِّعَالِ

6775. Narrated’ Uqba bin Al-Harith:

An-Nu’man or the son of An-Nu’man was brought to the Prophet ﷺ in a state of intoxication. The Prophet ﷺ felt it hard (was angry) and ordered all those who were present in the house, to beat him. And they beat him, using palm-leaf stalks and shoes, and I was among those who beat him.

Reference
: Sahih al-Bukhari 6775
USC-MSA reference
: Vol. 8, Book 81, Hadith 766 (old numbering)

6776. Narrated Anas (radhiyallahu anhu):

The Prophet ﷺ lashed a drunk with dateleaf stalks and shoes. And Abu Bakr gave a drunk forty lashes.

Reference
: Sahih al-Bukhari 6776
USC-MSA reference
: Vol. 8, Book 81, Hadith 767 (old numbering)

6777. Narrated Abu Salama:

Abu Hurairah said, “A man who drank wine was brought to the Prophet ﷺ. The Prophet ﷺ said, ‘Beat him!” Abu Hurairah added, “So some of us beat him with our hands, and some with their shoes, and some with their garments (by twisting it) like a lash, and then when we finished, someone said to him, ‘May Allah disgrace you!’ On that the Prophet ﷺ said, ‘Do not say so, for you are helping Satan to overpower him.’ “

Reference
: Sahih al-Bukhari 6777
USC-MSA reference
: Vol. 8, Book 81, Hadith 768 (old numbering)

6778. Narrated ‘Ali bin Abi Talib (radhiyallahu anhu):

I would not feel sorry for one who dies because of receiving a legal punishment, except the drunk, for if he should die (when being punished), I would give blood money to his family because no fixed punishment has been ordered by Allah’s Messenger ﷺ for the drunk.

Reference
: Sahih al-Bukhari 6778
USC-MSA reference
: Vol. 8, Book 81, Hadith 769 (old numbering)

6779. Narrated As-Sa’ib bin Yazid (radhiyallahu anhu):

We used to strike the drunks with our hands, shoes, clothes (by twisting it into the shape of lashes) during the lifetime of the Prophet ﷺ, Abu Bakr and the early part of ‘Umar’s caliphate. But during the last period of ‘Umar’s caliphate, he used to give the drunk forty lashes; and when drunks became mischievous and disobedient, he used to scourge them eighty lashes.

Reference
: Sahih al-Bukhari 6779
USC-MSA reference
: Vol. 8, Book 81, Hadith 770 (old numbering)
Chapter 5

Cursing is disliked against the drunkard and the fact that he is not regarded as a non-Muslim.

باب مَا يُكْرَهُ مِنْ لَعْنِ شَارِبِ الْخَمْرِ وَإِنَّهُ لَيْسَ بِخَارِجٍ مِنَ الْمِلَّةِ

6780. Narrated ‘Umar bin Al-Khattab (radhiyallahu anhu):

During the lifetime of the Prophet ﷺ there was a man called ‘Abdullah whose nickname was Donkey, and he used to make Allah’s Messenger ﷺ laugh. The Prophet ﷺ lashed him because of drinking (alcohol). And one-day he was brought to the Prophet ﷺ on the same charge and was lashed. On that, a man among the people said, “O Allah, curse him ! How frequently he has been brought (to the Prophet ﷺ on such a charge)!” The Prophet ﷺ said, “Do not curse him, for by Allah, I know for he loves Allah and His Messenger ﷺ.”

Reference
: Sahih al-Bukhari 6780
USC-MSA reference
: Vol. 8, Book 81, Hadith 771 (old numbering)

6781. Narrated Abu Hurairah (radhiyallahu anhu):

A drunk was brought to the Prophet ﷺ and he ordered him to be beaten (lashed). Some of us beat him with our hands, and some with their shoes, and some with their garments (twisted in the form of a lash). When that drunk had left, a man said, “What is wrong with him? May Allah disgrace him!” Allah’s Messenger ﷺ said, “Do not help Satan against your (Muslim) brother.”

Reference
: Sahih al-Bukhari 6781
USC-MSA reference
: Vol. 8, Book 81, Hadith 772 (old numbering)
Chapter 6

The thief while stealing.

باب السَّارِقِ حِينَ يَسْرِقُ

6782. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

The Prophet ﷺ said, “When (a person) an adulterer commits illegal sexual intercourse then he is not a believer at the time he is doing it; and when somebody steals, then he is not a believer at the time he is stealing.”

Reference
: Sahih al-Bukhari 6782
USC-MSA reference
: Vol. 8, Book 81, Hadith 773 (old numbering)
Chapter 7

(It is permissible) to curse thieves (generally) without mentioning names.

باب لَعْنِ السَّارِقِ إِذَا لَمْ يُسَمَّ

6783. Narrated Abu Hurairah (radhiyallahu anhu):

The Prophet ﷺ said, “Allah curses a man who steals an egg and gets his hand cut off, or steals a rope and gets his hands cut off.” Al-A’mash said, “People used to interpret the Baida as an iron helmet, and they used to think that the rope may cost a few dirhams.”

Reference
: Sahih al-Bukhari 6783
USC-MSA reference
: Vol. 8, Book 81, Hadith 774 (old numbering)
Chapter 8

Al-Hudud (legal punishments) are expiation (for the sin one has been punished for).

باب الْحُدُودُ كَفَّارَةٌ

6784. Narrated ‘Ubada bin As-Samit (radhiyallahu anhu):

We were with the Prophet ﷺ in a gathering and he said, ‘Swear allegiance to me that you will not worship anything besides Allah, Will not steal, and will not commit illegal sexual intercourse.” And then (the Prophet ﷺ) recited the whole Verse (i.e. 60:12). The Prophet ﷺ added, ‘And whoever among you fulfills his pledge, his reward is with Allah; and whoever commits something of such sins and receives the legal punishment for it, that will be considered as the expiation for that sin, and whoever commits something of such sins and Allah screens him, it is up to Allah whether to excuse or punish him.”

Reference
: Sahih al-Bukhari 6784
USC-MSA reference
: Vol. 8, Book 81, Hadith 775 (old numbering)
Chapter 9

A believer is safe except if he transgresses Allah’s legal limits or takes others’ rights.

باب ظَهْرُ الْمُؤْمِنِ حِمًى، إِلاَّ فِي حَدٍّ أَوْ حَقٍّ

6785. Narrated ‘Abdullah (radhiyallahu anhu):

Allah Messenger ﷺ said in Hajjat-al-Wada, “Which month (of the year) do you think is most sacred?” The people said, “This current month of ours (the month of Dhull-Hijja).” He said, “Which town (country) do you think is the most sacred?” They said, “This city of ours (Makkah).” He said, “Which day do you think is the most sacred?” The people said, “This day of ours.” He then said, “Allah, the Blessed, the Supreme, has made your blood, your property and your honor as sacred as this day of yours in this town of yours, in this month of yours (and such protection cannot be slighted) except rightfully.” He then said thrice, “Have I conveyed Allah’s Message (to you)?” The people answered him each time saying, ‘Yes.” The Prophet ﷺ added, ‘May Allah be merciful to you (or, woe on you)! Do not revert to disbelief after me by cutting the necks of each other.’

Reference
: Sahih al-Bukhari 6785
USC-MSA reference
: Vol. 8, Book 81, Hadith 776 (old numbering)
Chapter 10

To carry out the legal punishment; and to take revenge on those who transgress Allah’s limits and boundaries.

باب إِقَامَةِ الْحُدُودِ وَالاِنْتِقَامِ لِحُرُمَاتِ اللَّهِ

6786. Narrated ‘Aishah (radhiyallahu anha):

Whenever the Prophet ﷺ was given an option between two things, he used to select the easier of the tow as long as it was not sinful; but if it was sinful, he would remain far from it. By Allah, he never took revenge for himself concerning any matter that was presented to him, but when Allah’s Limits were transgressed, he would take revenge for Allah’s Sake.

Reference
: Sahih al-Bukhari 6786
USC-MSA reference
: Vol. 8, Book 81, Hadith 777 (old numbering)
Chapter 11

To inflict the legal punishment on the noble and the weak people (impartially).

باب إِقَامَةِ الْحُدُودِ عَلَى الشَّرِيفِ وَالْوَضِيعِ

6787. Narrated ‘Aishah (radhiyallahu anha):

Usama approached the Prophet ﷺ on behalf of a woman (who had committed theft). The Prophet ﷺ said, “The people before you were destroyed because they used to inflict the legal punishments on the poor and forgive the rich. By Him in Whose Hand my soul is! If Fatima (the daughter of the Prophet ﷺ ) did that (i.e. stole), I would cut off her hand.”

Reference
: Sahih al-Bukhari 6787
USC-MSA reference
: Vol. 8, Book 81, Hadith 778 (old numbering)
Chapter 12

Intercession is not recommended in the matter of legal punishment after the case has been filed with the authorities.

باب كَرَاهِيَةِ الشَّفَاعَةِ فِي الْحَدِّ، إِذَا رُفِعَ إِلَى السُّلْطَانِ

6788. Narrated ‘Aishah (radhiyallahu anha):

The Quraish people became very worried about the Makhzumiya lady who had committed theft. They said, “Nobody can speak (in favor of the lady) to Allah’s Messenger ﷺ and nobody dares do that except Usama who is the favorite of Allah’s Messenger ﷺ. ” When Usama spoke to Allah’s Messenger ﷺ about that matter, Allah’s Messenger ﷺ said, “Do you intercede (with me) to violate one of the legal punishment of Allah?” Then he got up and addressed the people, saying, “O people! The nations before you went astray because if a noble person committed theft, they used to leave him, but if a weak person among them committed theft, they used to inflict the legal punishment on him. By Allah, if Fatima, the daughter of Muhammad ﷺ committed theft, Muhammad ﷺ will cut off her hand.!”

Reference
: Sahih al-Bukhari 6788
USC-MSA reference
: Vol. 8, Book 81, Hadith 779 (old numbering)
Chapter 13

The Statement of Allah: “Cut off (from the wrist joint) the (right) hand of the thief, male or female…” (V.5:38) And what is the minimum theft because of which the thief’s right hand will be cut off (from the wrist joint). And ‘Ali cut off the hand at the wrist. And Qatada said concerning a woman who had committed theft and whose left hand had consequently been cut off: “Cut off nothing else.”

بَابُ قَوْلِ اللَّهِ تَعَالَى: {وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا}

6789. Narrated ‘Aishah (radhiyallahu anha):

The Prophet ﷺ said, “The hand should be cut off for stealing something that is worth a quarter of a Dinar or more.”

Reference
: Sahih al-Bukhari 6789
USC-MSA reference
: Vol. 8, Book 81, Hadith 780 (old numbering)

6790. Narrated ‘Aishah (radhiyallahu anha):

The Prophet ﷺ said, “The hand of a thief should be cut off for stealing a quarter of a Dinar.”

Reference
: Sahih al-Bukhari 6790
USC-MSA reference
: Vol. 8, Book 81, Hadith 781 (old numbering)

6791. Narrated ‘Aishah (radhiyallahu anha):

The Prophet ﷺ said, “The hand should be cut off for stealing a quarter of a Dinar.”

Reference
: Sahih al-Bukhari 6791
USC-MSA reference
: Vol. 8, Book 81, Hadith 782 (old numbering)

6792. Narrated ‘Aishah (radhiyallahu anha):

The hand of a thief was not cut off during the lifetime of the Prophet ﷺ except for stealing something equal to a shield in value.

Reference
: Sahih al-Bukhari 6792
USC-MSA reference
: Vol. 8, Book 81, Hadith 783 (old numbering)

6793. Narrated ‘Aishah (radhiyallahu anha):

A thief’s hand was not cut off for stealing something cheaper than a Hajafa or a Turs (two kinds of shields), each of which was worth a (respectable) price.

Reference
: Sahih al-Bukhari 6793
USC-MSA reference
: Vol. 8, Book 81, Hadith 785 (old numbering)

6794. Narrated ‘Aishah (radhiyallahu anha):

A thief’s hand was not cut off for stealing something worth less than the price of a shield, whether a Turs or Hajafa (two kinds of shields), each of which was worth a (respectable) price.

Reference
: Sahih al-Bukhari 6794
USC-MSA reference
: Vol. 8, Book 81, Hadith 786 (old numbering)

6795. Narrated Ibn ‘Umar (radhiyallahu anhuma):

Allah’s Messenger ﷺ cut off the hand of a thief for stealing a shield that was worth three Dirhams.

Reference
: Sahih al-Bukhari 6795
USC-MSA reference
: Vol. 8, Book 81, Hadith 787 (old numbering)

6796. Narrated Ibn ‘Umar (radhiyallahu anhuma):

The Prophet ﷺ cut off the hand of a thief for stealing a shield that was worth three Dirhams.

Reference
: Sahih al-Bukhari 6796
USC-MSA reference
: Vol. 8, Book 81, Hadith 788 (old numbering)

6797. Narrated ‘Abdullah bin ‘Umar (radhiyallahu anhuma):

The Prophet ﷺ cut off the hand of a thief for stealing a shield that was worth three Dirhams.

Reference
: Sahih al-Bukhari 6797
USC-MSA reference
: Vol. 8, Book 81, Hadith 789 (old numbering)

6798. Narrated ‘Abdullah bin ‘Umar (radhiyallahu anhuma):

The Prophet ﷺ cutoff the hand of a thief for stealing a shield that was worth three Dirhams.

Reference
: Sahih al-Bukhari 6798
USC-MSA reference
: Vol. 8, Book 81, Hadith 790 (old numbering)

6799. Narrated Abu Hurairah (radhiyallahu anhu):

Allah ‘s Messenger ﷺ said, “Allah curses the thief who steals an egg (or a helmet) for which his hand is to be cut off, or steals a rope, for which his hand is to be cut off.”

Reference
: Sahih al-Bukhari 6799
USC-MSA reference
: Vol. 8, Book 81, Hadith 791 (old numbering)
Chapter 14

The repentance of a thief.

باب تَوْبَةِ السَّارِقِ

6800. Narrated ‘Aishah (radhiyallahu anha):

The Prophet ﷺ cut off the hand of a lady, and that lady used to come to me, and I used to convey her message to the Prophet ﷺ and she repented, and her repentance was sincere.

Reference
: Sahih al-Bukhari 6800
USC-MSA reference
: Vol. 8, Book 81, Hadith 792 (old numbering)

6801. Narrated Ubada bin As-Samit (radhiyallahu anhu):

I gave the pledge of allegiance to the Prophet ﷺ with a group of people, and he said, “I take your pledge that you will not worship anything besides Allah, will not steal, will not commit infanticide, will not slander others by forging false statements and spreading it, and will not disobey me in anything good. And whoever among you fulfill all these (obligations of the pledge), his reward is with Allah. And whoever commits any of the above crimes and receives his legal punishment in this world, that will be his expiation and purification. But if Allah screens his sin, it will be up to Allah, Who will either punish or forgive him according to His wish.” Abu ‘Abdullah said: “If a thief repents after his hand has been cut off, the his witness well be accepted. Similarly, if any person upon whom any legal punishment has been inflicted, repents, his witness will be accepted.”

Reference
: Sahih al-Bukhari 6801
USC-MSA reference
: Vol. 8, Book 81, Hadith 793 (old numbering)
Chapter 15

The Chapter of (the punishment for) those who wage war (against Allah and His Messenger) from the people who are disbelievers and from those who have turned renegades (converted from Islam). And the Statement of Allah: “The recompense of those who wage war against Allah and His Messenger, and do mischief in the land is only that they shall be killed or crucified, or their hands and their feet be cut off on the opposite sides, or be exiled from the land…” (V.5:33)

بَابُ المحاربين من أهل الكفر والردة

6802. Narrated Anas (radhiyallahu anhu):

Some people from the tribe of ‘Ukl came to the Prophet ﷺ and embraced Islam. The climate of Al-Madina did not suit them, so the Prophet ﷺ ordered them to go to the (herd of milch) camels of charity and to drink, their milk and urine (as a medicine). They did so, and after they had recovered from their ailment (became healthy) they turned renegades (reverted from Islam) and killed the shepherd of the camels and took the camels away. The Prophet ﷺ sent (some people) in their pursuit and so they were (caught and) brought, and the Prophets ordered that their hands and legs should be cut off and that their eyes should be branded with heated pieces of iron, and that their cut hands and legs should not be cauterized, till they die.

Reference
: Sahih al-Bukhari 6802
USC-MSA reference
: Vol. 8, Book 82, Hadith 794 (old numbering)
Chapter 16

The Prophet ﷺ did not cauterize (the amputated limbs of) those who fought (against Allah and His Messenger) and of those who were renegades (reverted from Islam) (therefore they bled) till they died.

باب لَمْ يَحْسِمِ النَّبِيُّ صلى الله عليه وسلم الْمُحَارِبِينَ مِنْ أَهْلِ الرِّدَّةِ حَتَّى هَلَكُوا.

6803. Narrated Anas (radhiyallahu anhu):

The Prophet ﷺ cut off the hands and feet of the men belonging to the tribe of ‘Uraina and did not cauterise (their bleeding limbs) till they died.

Reference
: Sahih al-Bukhari 6803
USC-MSA reference
: Vol. 8, Book 82, Hadith 795 (old numbering)
Chapter 17

No water was given to drink to those who turned renegades and fought (against Allah and His Messenger), till they died.

باب لَمْ يُسْقَ الْمُرْتَدُّونَ الْمُحَارِبُونَ حَتَّى مَاتُوا

6804. Narrated Anas (radhiyallahu anhu):

A group of people from ‘Ukl (tribe) came to the Prophet ﷺ and they were living with the people of As-Suffa, but they became ill as the climate of Al-Madina did not suit them, so they said, “O Allah’s Messenger ﷺ! Provide us with milk.” The Prophet ﷺ said, I see no other way for you than to use the camels of Allah’s Messenger ﷺ.” So they went and drank the milk and urine of the camels, (as medicine) and became healthy and fat. Then they killed the shepherd and took the camels away. When a help-seeker came to Allah’s Messenger ﷺ, he sent some men in their pursuit, and they were captured and brought before mid day. The Prophet ﷺ ordered for some iron pieces to be made red hot, and their eyes were branded with them and their hands and feet were cut off and were not cauterized. Then they were put at a place called Al-Harra, and when they asked for water to drink they were not given till they died. (Abu Qilaba said, “Those people committed theft and murder and fought against Allah and His Messenger ﷺ.”)

Reference
: Sahih al-Bukhari 6804
USC-MSA reference
: Vol. 8, Book 82, Hadith 796 (old numbering)
Chapter 18

The Prophet ﷺ branded the eyes of those who fought (against Allah and His Messenger ﷺ).

باب سَمْرِ النَّبِيِّ صلى الله عليه وسلم أَعْيُنَ الْمُحَارِبِينَ

6805. Narrated Anas bin Malik (radhiyallahu anhu):

A group of people from ‘Ukl (or ‘Uraina) tribe —-but I think he said that they were from ‘Ukl came to Al-Madina and (they became ill, so) the Prophet ﷺ ordered them to go to the herd of (Milch) she-camels and told them to go out and drink the camels’ urine and milk (as a medicine). So they went and drank it, and when they became healthy, they killed the shepherd and drove away the camels. This news reached the Prophet ﷺ early in the morning, so he sent (some) men in their pursuit and they were captured and brought to the Prophet ﷺ before midday. He ordered to cut off their hands and legs and their eyes to be branded with heated iron pieces and they were thrown at Al-Harra, and when they asked for water to drink, they were not given water. (Abu Qilaba said, “Those were the people who committed theft and murder and reverted to disbelief after being believers (Muslims), and fought against Allah and His Messenger ﷺ“).

Reference
: Sahih al-Bukhari 6805
USC-MSA reference
: Vol. 8, Book 82, Hadith 797 (old numbering)
Chapter 19

The superiority of the person who leaves Al-Fawahish (all kinds of illegal sexual acts and evil deeds).

باب فَضْلِ مَنْ تَرَكَ الْفَوَاحِشَ

6806. Narrated Abu Hurairah (radhiyallahu anhu):

The Prophet ﷺ said, “Seven (people) will be shaded by Allah by His Shade on the Day of Resurrection when there will be no shade except His Shade. (They will be), a just ruler, a young man who has been brought up in the worship of Allah, a man who remembers Allah in seclusion and his eyes are then flooded with tears, a man whose heart is attached to mosques (offers his compulsory congregational prayers in the mosque), two men who love each other for Allah’s Sake, a man who is called by a charming lady of noble birth to commit illegal sexual intercourse with her, and he says, ‘I am afraid of Allah,’ and (finally), a man who gives in charity so secretly that his left hand does not know what his right hand has given.”

Reference
: Sahih al-Bukhari 6806
USC-MSA reference
: Vol. 8, Book 82, Hadith 798 (old numbering)

6807. Narrated Sahl bin Sa’d (radhiyallahu anhu):

The Prophet ﷺ said, “Whoever guarantees me (the chastity of) what is between his legs (i.e. his private parts), and what is between his jaws (i.e., his tongue), I guarantee him Paradise.”

Reference
: Sahih al-Bukhari 6807
USC-MSA reference
: Vol. 8, Book 82, Hadith 799 (old numbering)
Chapter 20

The sin of illegal sexual intercourse. And the Statement of Allah: “…Nor commit illegal sexual intercourse…” (V.25:68) “And come not near to unlawful sexual intercourse. Verily, it is a Fahishah [i.e., anything that transgresses its limits (a great sin)], and an evil way (that leads one to Hell unless Allah forgives him).” (V.17:32)

باب إِثْمِ الزُّنَاةِ

6808. Narrated Anas (radhiyallahu anhu):

I will narrate to you a narration which nobody will narrate to you after me. I heard that form the Prophet ﷺ. I heard the Prophet ﷺ saying, “The Hour sill not be established” or said: “From among the portents of the Hour is that the religious knowledge will betaken away (by the death of religious Scholars) and general ignorance (of religion) will appear; and the drinking of alcoholic drinks will be very common, and (open) illegal sexual intercourse will prevail, and men will decrease in number while women will increase so much so that, for fifty women there will only be one man to look after them.”

Reference
: Sahih al-Bukhari 6808
USC-MSA reference
: Vol. 8, Book 82, Hadith 800i (old numbering)

6809. Narrated ‘Ikrima from Ibn ‘Abbas:

Allah’s Messengers said, “When a slave (of Allah) commits illegal sexual intercourse, he is not a believer at the time of committing it; and if he steals, he is not a believer at the time of stealing; and if he drinks an alcoholic drink, when he is not a believer at the time of drinking it; and he is not a believer when he commits a murder,” ‘Ikrima said: I asked Ibn ‘Abbas, “How is faith taken away from him?” He said, Like this,” by clasping his hands and then separating them, and added, “But if he repents, faith returns to him like this, by clasping his hands again.

Reference
: Sahih al-Bukhari 6809
USC-MSA reference
: Vol. 8, Book 82, Hadith 800e (old numbering)

6810. Narrated Abu Hurairah (radhiyallahu anhu):

The Prophet ﷺ said, “The one who commits an illegal sexual intercourse is not a believer at the time of committing illegal sexual intercourse and a thief is not a believer at the time of committing theft and a drinker of alcoholic drink is not a believer at the time of drinking. Yet, (the gate of) repentance is open thereafter.”

Reference
: Sahih al-Bukhari 6810
USC-MSA reference
: Vol. 8, Book 82, Hadith 801 (old numbering)

6811. Narrated ‘Abdullah bin Mas’ud (radhiyallahu anhu):

I said, “O Allah’s Messenger ﷺ! Which is the biggest sin?” He said, “To set up rivals to Allah by worshipping others though He alone has created you.” I asked, “What is next?” He said, “To kill your child lest it should share your food.” I asked, “What is next?” He said, “To commit illegal sexual intercourse with the wife of your neighbor.”

Reference
: Sahih al-Bukhari 6811
USC-MSA reference
: Vol. 8, Book 82, Hadith 802 (old numbering)
Chapter 21

The Rajm (stoning to death) of a married person who commits illegal sexual intercourse.

باب رَجْمِ الْمُحْصَنِ

6812. Narrated Ash-Sha’bi:

from ‘Ali when the latter stoned a lady to death on a Friday. ‘Ali said, “I have stoned her according to the tradition of Allah’s Messenger ﷺ.”

Reference
: Sahih al-Bukhari 6812
USC-MSA reference
: Vol. 8, Book 82, Hadith 803 (old numbering)

6813. Narrated Ash Shaibani:

I asked ‘Abdullah bin Abi Aufa, ‘Did Allah’s Messenger ﷺ carry out the Rajam penalty ( i.e., stoning to death)?’ He said, “Yes.” I said, “Before the revelation of Surat-ar-Nur or after it?” He replied, “I don’t Know.”

Reference
: Sahih al-Bukhari 6813
USC-MSA reference
: Vol. 8, Book 82, Hadith 804 (old numbering)

6814. Narrated Jabir bin ‘Abdullah Al-Ansari (radhiyallahu anhuma):

A man from the tribe of Bani Aslam came to Allah’s Messenger ﷺ and Informed him that he had committed illegal sexual intercourse and bore witness four times against himself. Allah’s Messenger ﷺ ordered him to be stoned to death as he was a married Person.

Reference
: Sahih al-Bukhari 6814
USC-MSA reference
: Vol. 8, Book 82, Hadith 805 (old numbering)
Chapter 22

An insane male or female should not be stoned to death.

باب لاَ يُرْجَمُ الْمَجْنُونُ وَالْمَجْنُونَةُ

6815. Narrated Abu Hurairah (radhiyallahu anhu):

A man came to Allah’s Messenger ﷺ while he was in the mosque, and he called him, saying, “O Allah’s Messenger ﷺ! I have committed illegal sexual intercourse.'” The Prophet ﷺ turned his face to the other side, but that man repeated his statement four times, and after he bore witness against himself four times, the Prophet ﷺ called him, saying, “Are you mad?” The man said, “No.” The Prophet ﷺ said, “Are you married?” The man said, “Yes.” Then the Prophet ﷺ said, ‘Take him away and stone him to death.”

Reference
: Sahih al-Bukhari 6815
USC-MSA reference
: Vol. 8, Book 82, Hadith 806 (old numbering)

6816. Jabir bin ‘Abdullah said: I was among the ones who participated in stoning him and we stoned him at the Musalla. When the stones troubled him, he fled, but we over took him at Al-Harra and stoned him to death.

Reference
: Sahih al-Bukhari 6816
USC-MSA reference
: Vol. 8, Book 82, Hadith 806 (old numbering)
Chapter 23

The stone is for a person who committed illegal sexual intercourse.

باب لِلْعَاهِرِ الْحَجَرُ

6817. Narrated ‘Aishah (radhiyallahu anha):

Sa’d bin Abi Waqqas and ‘Abd bin Zam’a quarrelled with each other (regarding a child). The Prophet ﷺ said, “The boy is for you, O ‘Abd bin Zam’a, for the boy is for (the owner) of the bed. O Sauda ! Screen yourself from the boy.” The sub-narrator, Al-Laith added (that the Prophet ﷺ also said), “And the stone is for the person who commits an illegal sexual intercourse.”

Reference
: Sahih al-Bukhari 6817
USC-MSA reference
: Vol. 8, Book 82, Hadith 807 (old numbering)

6818. Narrated Abu Hurairah (radhiyallahu anhu):

The Prophet ﷺ said, “The boy is for (the owner of) the bed and the stone is for the person who commits illegal sexual intercourse.’

Reference
: Sahih al-Bukhari 6818
USC-MSA reference
: Vol. 8, Book 82, Hadith 808 (old numbering)
Chapter 24

The Rajm (stoning to death) at the Balat (a tiled courtyard opposite the gate of the Prophet’s Mosque).

باب الرَّجْمِ فِي الْبَلاَطِ

6819. Narrated Ibn ‘Umar (radhiyallahu anhuma):

A Jew and a Jewess were brought to Allah’s Messenger ﷺ on a charge of committing an illegal sexual intercourse. The Prophet ﷺ asked them. “What is the legal punishment (for this sin) in your Book (Torah)?” They replied, “Our priests have innovated the punishment of blackening the faces with charcoal and Tajbiya.” ‘Abdullah bin Salam said, “O Allah’s Messenger ﷺ, tell them to bring the Torah.” The Torah was brought, and then one of the Jews put his hand over the Divine Verse of the Rajam (stoning to death) and started reading what preceded and what followed it. On that, Ibn Salam said to the Jew, “Lift up your hand.” Behold! The Divine Verse of the Rajam was under his hand. So Allah’s Messenger ﷺ ordered that the two (sinners) be stoned to death, and so they were stoned. Ibn ‘Umar added: So both of them were stoned at the Balat and I saw the Jew sheltering the Jewess.

Reference
: Sahih al-Bukhari 6819
USC-MSA reference
: Vol. 8, Book 82, Hadith 809 (old numbering)
Chapter 25

The Rajm (stoning to death) at the Musalla (the open place where ‘Eid prayers take place).

باب الرَّجْمِ بِالْمُصَلَّى

6820. Narrated Jabir (radhiyallahu anhuma):

A man from the tribe of Aslam came to the Prophet ﷺ and confessed that he had committed an illegal sexual intercourse. The Prophet ﷺ turned his face away from him till the man bore witness against himself four times. The Prophet ﷺ said to him, “Are you mad?” He said “No.” He said, “Are you married?” He said, “Yes.” Then the Prophet ﷺ ordered that he be stoned to death, and he was stoned to death at the Musalla. When the stones troubled him, he fled, but he was caught and was stoned till he died. The Prophet ﷺ spoke well of him and offered his funeral prayer.

Reference
: Sahih al-Bukhari 6820
USC-MSA reference
: Vol. 8, Book 82, Hadith 810 (old numbering)
Chapter 26

If somebody commits a sin which is less than what deserves the legal punishment, and then he informs the ruler, no punishment is to be inflicted on him after his repentance to Allah if he comes to the ruler with the intention of asking for a verdict about his sin.

بَابُ مَنْ أَصَابَ ذَنْبًا دُونَ الْحَدِّ فَأَخْبَرَ الإِمَامَ فَلاَ عُقُوبَةَ عَلَيْهِ بَعْدَ التَّوْبَةِ إِذَا جَاءَ مُسْتَفْتِيًا

6821. Narrated Abu Hurairah (radhiyallahu anhu):

A person had sexual relation with his wife in the month of Ramadan (while he was fasting), and he came to Allah’s Messenger ﷺ seeking his verdict concerning that action. The Prophet ﷺ said (to him), “Can you afford to manumit a slave?” The man said, “No.” The Prophet ﷺ said, “Can you fast for two successive months?” He said, “No.” The Prophet ﷺ said, “Then feed sixty poor persons.”

Reference
: Sahih al-Bukhari 6821
USC-MSA reference
: Vol. 8, Book 82, Hadith 811d (old numbering)

6822. Narrated ‘Aishah (radhiyallahu anha):

A man came to the Prophet ﷺ in the mosque and said, “I am burnt (ruined)!” The Prophet ﷺ asked him, “With what (what have you done)?” He said, “I have had sexual relation with my wife in the month of Ramadan (while fasting).” The Prophet ﷺ said to him, “Give in charity.” He said, “I have nothing.” The man sat down, and in the meantime there came a person driving a donkey carrying food to the Prophet ﷺ ….. (The sub-narrator, ‘Abdur Rahman added: I do not know what kind of food it was). On that the Prophet ﷺ said, “Where is the burnt person?” The man said, “Here I am.” The Prophet ﷺ said to him, “Take this (food) and give it in charity (to someone).” The man said, “To a poorer person than l? My family has nothing to eat.” Then the Prophet ﷺ said to him, “Then eat it yourselves.”

Reference
: Sahih al-Bukhari 6822
USC-MSA reference
: Vol. 8, Book 82, Hadith 811e (old numbering)
Chapter 27

If a person confesses that he has committed a sin that is punishable with one of the legal punishments but does not specify what sin it has been, can the ruler screen it for him?

باب إِذَا أَقَرَّ بِالْحَدِّ وَلَمْ يُبَيِّنْ، هَلْ لِلإِمَامِ أَنْ يَسْتُرَ عَلَيْهِ

6823. Narrated Anas bin Malik (radhiyallahu anhu):

While I was with the Prophet ﷺ a man came and said, “O Allah’s Messenger ﷺ! I have committed a legally punishable sin; please inflict the legal punishment on me’.’ The Prophet ﷺ did not ask him what he had done. Then the time for the prayer became due and the man offered prayer along with the Prophet ﷺ , and when the Prophet ﷺ had finished his prayer, the man again got up and said, “O Allah’s Messenger ﷺ! I have committed a legally punishable sin; please inflict the punishment on me according to Allah’s Laws.” The Prophet ﷺ said, “Haven’t you prayed with us?’ He said, “Yes.” The Prophet ﷺ said, “Allah has forgiven your sin.” or said, “….your legally punishable sin.”

Reference
: Sahih al-Bukhari 6823
USC-MSA reference
: Vol. 8, Book 82, Hadith 812 (old numbering)
Chapter 28

Can a ruler say to the one who confesses his crime of adultery: “Can it be that you have only touched the lady or winked at her?”

باب هَلْ يَقُولُ الإِمَامُ لِلْمُقِرِّ لَعَلَّكَ لَمَسْتَ أَوْ غَمَزْتَ

6824. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

When Ma’iz bin Malik came to the Prophet ﷺ (in order to confess), the Prophet ﷺ said to him, “Probably you have only kissed (the lady), or winked, or looked at her?” He said, “No, O Allah’s Messenger ﷺ!” The Prophet ﷺ said, using no euphemism, “Did you have sexual intercourse with her?” The narrator added: At that, (i.e. after his confession) the Prophet ﷺ ordered that he be stoned (to death).

Reference
: Sahih al-Bukhari 6824
USC-MSA reference
: Vol. 8, Book 82, Hadith 813 (old numbering)
Chapter 29

The question of the ruler to the confessing person, “Are you married?”

باب سُؤَالِ الإِمَامِ الْمُقِرَّ هَلْ أَحْصَنْتَ

6825. Narrated Abu Hurairah (radhiyallahu anhu):

A man from among the people, came to Allah’s Messenger ﷺ while Allah’s Messenger ﷺ was sitting in the mosque, and addressed him, saying, “O Allah’s Messenger ﷺ! I have committed an illegal sexual intercourse.” The Prophet ﷺ turned his face away from him. The man came to that side to which the Prophet ﷺ had turned his face, and said, “O Allah’s Messenger ﷺ! I have committed an illegal intercourse.” The Prophet ﷺ turned his face to the other side, and the man came to that side, and when he confessed four times, the Prophet ﷺ called him and said, “Are you mad?” He said, “No, O Allah’s Messenger ﷺ!” The Prophet ﷺ said, “Are you married?” He said, “Yes, O Allah’s Messenger ﷺ.” The Prophet ﷺ said (to the people), “Take him away and stone him to death.”

Reference
: Sahih al-Bukhari 6825
USC-MSA reference
: Vol. 8, Book 82, Hadith 814 (old numbering)

6826. Ibn Shihab added, “I was told by one who heard Jabir, that Jabir said, ‘I was among those who stoned the man, and we stoned him at the Musalla (‘Id praying Place), and when the stones troubled him, he jumped quickly and ran away, but we overtook him at Al-Harra and stoned him to death (there).’ “

Reference
: Sahih al-Bukhari 6826
USC-MSA reference
: Vol. 8, Book 82, Hadith 814 (old numbering)
Chapter 30

To confess being guilty of an illegal sexual intercourse.

باب الاِعْتِرَافِ بِالزِّنَا

6827, 6828. Narrated Abu Hurairah and Zaid bin Khalid (radhiyallahu anhuma):

While we were with the Prophet ﷺ , a man stood up and said (to the Prophet ﷺ ), “I beseech you by Allah, that you should judge us according to Allah’s Laws.” Then the man’s opponent who was wiser than him, got up saying (to Allah’s Messenger ﷺ) “Judge us according to Allah’s Law and kindly allow me (to speak).” The Prophet ﷺ said, “‘Speak.” He said, “My son was a laborer working for this man and he committed an illegal sexual intercourse with his wife, and I gave one-hundred sheep and a slave as a ransom for my son’s sin. Then I asked a learned man about this case and he informed me that my son should receive one hundred lashes and be exiled for one year, and the man’s wife should be stoned to death.” The Prophet ﷺ said, “By Him in Whose Hand my soul is, I will judge you according to the Laws of Allah. Your one-hundred sheep and the slave are to be returned to you, and your son has to receive one-hundred lashes and be exiled for one year. O Unais! Go to the wife of this man, and if she confesses, then stone her to death.” Unais went to her and she confessed. He then stoned her to death.

Reference
: Sahih al-Bukhari 6827, 6828
USC-MSA reference
: Vol. 8, Book 82, Hadith 815 (old numbering)

6829. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

‘Umar said, “I am afraid that after a long time has passed, people may say, “We do not find the Verses of the Rajam (stoning to death) in the Holy Book,” and consequently they may go astray by leaving an obligation that Allah has revealed. Lo! I confirm that the penalty of Rajam be inflicted on him who commits illegal sexual intercourse, if he is already married and the crime is proved by witnesses or pregnancy or confession.” Sufyan added, “I have memorized this narration in this way.” ‘Umar added, “Surely Allah’s Messenger ﷺ carried out the penalty of Rajam, and so did we after him.”

Reference
: Sahih al-Bukhari 6829
USC-MSA reference
: Vol. 8, Book 82, Hadith 816 (old numbering)
Chapter 31

The Rajm (stoning to death) of a married lady who has become pregnant through illegal sexual intercourse.

باب رَجْمِ الْحُبْلَى مِنَ الزِّنَا إِذَا أَحْصَنَتْ

6830. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

I used to teach (the Qur’an to) some people of the Muhajirln (emigrants), among whom there was ‘Abdur Rahman bin ‘Auf. While I was in his house at Mina, and he was with ‘Umar bin Al-Khattab during ‘Umar’s last Hajj, Abdur-Rahman came to me and said, “Would that you had seen the man who came today to the Chief of the Believers (‘Umar), saying, ‘O Chief of the Believers! What do you think about so-and-so who says, ‘If ‘Umar should die, I will give the pledge of allegiance to such-and-such person, as by Allah, the pledge of allegiance to Abu Bakr was nothing but a prompt sudden action which got established afterwards.’ ‘Umar became angry and then said, ‘Allah willing, I will stand before the people tonight and warn them against those people who want to deprive the others of their rights (the question of rulership).”

‘Abdur-Rahman said, “I said, ‘O Chief of the believers! Do not do that, for the season of Hajj gathers the riff-raff and the rubble, and it will be they who will gather around you when you stand to address the people. And I am afraid that you will get up and say something, and some people will spread your statement and may not say what you have actually said and may not understand its meaning, and may interpret it incorrectly, so you should wait till you reach Al-Madina, as it is the place of emigration and the place of Prophet’s ﷺ Traditions, and there you can come in touch with the learned and noble people, and tell them your ideas with confidence; and the learned people will understand your statement and put it in its proper place.’ On that, ‘Umar said, ‘By Allah! Allah willing, I will do this in the first speech I will deliver before the people in Al-Madina.”

Ibn ‘Abbas added: We reached Al-Madina by the end of the month of Dhul-Hijja, and when it was Friday, we went quickly (to the mosque) as soon as the sun had declined, and I saw Sa’id bin Zaid bin ‘Amr bin Nufail sitting at the corner of the pulpit, and I too sat close to him so that my knee was touching his knee, and after a short while ‘Umar bin Al-Khattab came out, and when I saw him coming towards us, I said to Said bin Zaid bin ‘Amr bin Nufail “Today ‘Umar will say such a thing as he has never said since he was chosen as Caliph.” Said denied my statement with astonishment and said, “What thing do you expect ‘Umar to say the like of which he has never said before?”

In the meantime, ‘Umar sat on the pulpit and when the callmakers for the prayer had finished their call, ‘Umar stood up, and having glorified and praised Allah as He deserved, he said, “Now then, I am going to tell you something which (Allah) has written for me to say. I do not know; perhaps it portends my death, so whoever understands and remembers it, must narrate it to the others wherever his mount takes him, but if somebody is afraid that he does not understand it, then it is unlawful for him to tell lies about me. Allah sent Muhammad ﷺ with the Truth and revealed the Holy Book to him, and among what Allah revealed, was the Verse of the Rajam (the stoning of married person (male & female) who commits illegal sexual intercourse, and we did recite this Verse and understood and memorized it. Allah’s Messenger ﷺ did carry out the punishment of stoning and so did we after him.

I am afraid that after a long time has passed, somebody will say, ‘By Allah, we do not find the Verse of the Rajam in Allah’s Book,’ and thus they will go astray by leaving an obligation which Allah has revealed. And the punishment of the Rajam is to be inflicted to any married person (male & female), who commits illegal sexual intercourse, if the required evidence is available or there is conception or confession. And then we used to recite among the Verses in Allah’s Book: ‘O people! Do not claim to be the offspring of other than your fathers, as it is disbelief (unthankfulness) on your part that you claim to be the offspring of other than your real father.’ Then Allah’s Messenger ﷺ said, ‘Do not praise me excessively as Jesus, son of Marry was praised, but call me Allah’s Slave and His Messengers.’ (O people!) I have been informed that a speaker amongst you says, ‘By Allah, if ‘Umar should die, I will give the pledge of allegiance to such-and-such person.’ One should not deceive oneself by saying that the pledge of allegiance given to Abu Bakr was given suddenly and it was successful. No doubt, it was like that, but Allah saved (the people) from its evil, and there is none among you who has the qualities of Abu Bakr. Remember that whoever gives the pledge of allegiance to anybody among you without consulting the other Muslims, neither that person, nor the person to whom the pledge of allegiance was given, are to be supported, lest they both should be killed.

And no doubt after the death of the Prophet ﷺ we were informed that the Ansar disagreed with us and gathered in the shed of Bani Sa’da. ‘Ali and Zubair and whoever was with them, opposed us, while the emigrants gathered with Abu Bakr. I said to Abu Bakr, ‘Let’s go to these Ansari brothers of ours.’ So we set out seeking them, and when we approached them, two pious men of theirs met us and informed us of the final decision of the Ansar, and said, ‘O group of Muhajirin (emigrants) ! Where are you going?’ We replied, ‘We are going to these Ansari brothers of ours.’ They said to us, ‘You shouldn’t go near them. Carry out whatever we have already decided.’ I said, ‘By Allah, we will go to them.’ And so we proceeded until we reached them at the shed of Bani Sa’da. Behold! There was a man sitting amongst them and wrapped in something. I asked, ‘Who is that man?’ They said, ‘He is Sa’d bin ‘Ubada.’ I asked, ‘What is wrong with him?’ They said, ‘He is sick.’ After we sat for a while, the Ansar’s speaker said, ‘None has the right to be worshipped but Allah,’ and praising Allah as He deserved, he added, ‘To proceed, we are Allah’s Ansar (helpers) and the majority of the Muslim army, while you, the emigrants, are a small group and some people among you came with the intention of preventing us from practicing this matter (of caliphate) and depriving us of it.’

When the speaker had finished, I intended to speak as I had prepared a speech which I liked and which I wanted to deliver in the presence of Abu Bakr, and I used to avoid provoking him. So, when I wanted to speak, Abu Bakr said, ‘Wait a while.’ I disliked to make him angry. So Abu Bakr himself gave a speech, and he was wiser and more patient than I. By Allah, he never missed a sentence that I liked in my own prepared speech, but he said the like of it or better than it spontaneously. After a pause he said, ‘O Ansar! You deserve all (the qualities that you have attributed to yourselves, but this question (of Caliphate) is only for the Quraish as they are the best of the Arabs as regards descent and home, and I am pleased to suggest that you choose either of these two men, so take the oath of allegiance to either of them as you wish. And then Abu Bakr held my hand and Abu Ubada bin Abdullah’s hand who was sitting amongst us. I hated nothing of what he had said except that proposal, for by Allah, I would rather have my neck chopped off as expiator for a sin than become the ruler of a nation, one of whose members is Abu Bakr, unless at the time of my death my own-self suggests something I don’t feel at present.’

And then one of the Ansar said, ‘I am the pillar on which the camel with a skin disease (eczema) rubs itself to satisfy the itching (i.e., I am a noble), and I am as a high class palm tree! O Quraish. There should be one ruler from us and one from you.’

Then there was a hue and cry among the gathering and their voices rose so that I was afraid there might be great disagreement, so I said, ‘O Abu Bakr! Hold your hand out.’ He held his hand out and I pledged allegiance to him, and then all the emigrants gave the Pledge of allegiance and so did the Ansar afterwards. And so we became victorious over Sa’d bin Ubada (whom Al-Ansar wanted to make a ruler). One of the Ansar said, ‘You have killed Sa’d bin Ubada.’ I replied, ‘Allah has killed Sa’d bin Ubada.’ ‘Umar added, “By Allah, apart from the great tragedy that had happened to us (i.e. the death of the Prophet ﷺ), there was no greater problem than the allegiance pledged to Abu Bakr because we were afraid that if we left the people, they might give the Pledge of allegiance after us to one of their men, in which case we would have given them our consent for something against our real wish, or would have opposed them and caused great trouble. So if any person gives the Pledge of allegiance to somebody (to become a Caliph) without consulting the other Muslims, then the one he has selected should not be granted allegiance, lest both of them should be killed.”

Reference
: Sahih al-Bukhari 6830
USC-MSA reference
: Vol. 8, Book 82, Hadith 817 (old numbering)
Chapter 32

Unmarried males and females (committing illegal sexual intercourse) should be flogged and exiled. (And the Statement of Allah: “The woman and the man guilty of illegal sexual intercourse, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allah, if you believe in Allah and the Last Day. And let a party of the believers witness their punishment. (This punishment is for unmarried persons guilty of the above crime, but if married persons commit it, the punishment is to stone them to death, according to Allah’s Law). The adulterer marries not but an adulteress or a Mushrikah; and the adulteress, none marries her except an adulterer or a Mushrik [and that means that the man who agrees to marry (have a sexual relation with) a Mushrikah (female polytheist, pagan or idolatress) or a prostitute, then surely, he is either an adulterer or a Mushrik (polytheist, idolater or pagan). And the woman who agrees to have a sexual relation with a Mushrik or an adulterer, then she is either a prostitute or a Mushrikah]. Such a thing is forbidden to the believers (of Islamic Monotheism).” (V.24:2,3))

باب الْبِكْرَانِ يُجْلَدَانِ وَيُنْفَيَانِ

6831. Narrated Zaid bin Khalid Al-Jihani (radhiyallahu anhu):

I heard the Prophet ﷺ ordering that an unmarried person guilty of illegal sexual intercourse be flogged one-hundred stripes and be exiled for one year.

Reference
: Sahih al-Bukhari 6831
USC-MSA reference
: Vol. 8, Book 82, Hadith 818 (old numbering)

6832. ‘Umar bin Al-Khattab also exiled such a person, and this tradition is still valid.

Reference
: Sahih al-Bukhari 6832
USC-MSA reference
: Vol. 8, Book 82, Hadith 818 (old numbering)

6833. Narrated Abu Hurairah (radhiyallahu anhu):

Allah’s Messenger ﷺ judged that the unmarried person who was guilty of illegal sexual intercourse be exiled for one year and receive the legal punishment (i.e., be flogged with one-hundred stripes) .

Reference
: Sahih al-Bukhari 6833
USC-MSA reference
: Vol. 8, Book 82, Hadith 819 (old numbering)
Chapter 33

Exiling the sinners and effeminate men [those men who assume the similitude (manners) of women].

باب نَفْىِ أَهْلِ الْمَعَاصِي وَالْمُخَنَّثِينَ

6834. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

The Prophet ﷺ cursed the effeminate men and those women who assume the similitude (manners) of men. He also said, “Turn them out of your houses.” He turned such-and-such person out, and ‘Umar also turned out such-and-such person.

Reference
: Sahih al-Bukhari 6834
USC-MSA reference
: Vol. 8, Book 82, Hadith 820 (old numbering)
Chapter 34

Whoever ordered somebody other than the ruler to carry out the legal punishment in the absence of the ruler.

باب مَنْ أَمَرَ غَيْرَ الإِمَامِ بِإِقَامَةِ الْحَدِّ غَائِبًا عَنْهُ

6835, 6836. Narrated Abu Hurairah and Zaid bin Khalid (radhiyallahu anhuma):

A bedouin came to the Prophet ﷺ while he (the Prophet ﷺ) was sitting, and said, “O Allah’s Messenger ﷺ! Give your verdict according to Allah’s Laws (in our case).” Then his opponent got up and said, “He has told the truth, O Allah’s Messenger ﷺ! Decide his case according to Allah’s Laws. My son was a laborer working for this person, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I offered one-hundred sheep and a slave girl as a ransom for him. Then I asked the religious learned people, and they told me that my son should be flogged with one-hundred stripes and be exiled for one year.” The Prophet ﷺ said, “By Him in Whose Hand my soul is, I will judge you according to Allah’s Laws. The sheep and the slave girl will be returned to you and your son will be flogged one-hundred stripes and be exiled for one year. And you, O Unais! Go to the wife of this man (and if she confesses), stone her to death.” So Unais went in the morning and stoned her to death (after she had confessed).

Reference
: Sahih al-Bukhari 6835, 6836
USC-MSA reference
: Vol. 8, Book 82, Hadith 821 (old numbering)
Chapter 35

The Statement of Allah: “And whoever of you have not the means wherewith to wed free believing women, they may wed believing girls from among those (captives and slaves) whom their right hands possess, and Allah has full knowledge about your Faith. You are one from another. Wed them with the permission of their own folk (Auliya’ – guardians or masters) and give them their Mahr according to what is reasonable; they (the above said captive and slave-girls) should be chaste, not adulterous, nor taking boyfriends. And after they have been taken in wedlock, if they commit illegal sexual intercourse, their punishment is half that for free (unmarried) women. This is for him among you who is afraid of being harmed in his religion or in his body; but it is better for you that you practise self-restraint, and Allah is Oft-Forgiving, Most Merciful.” (V.4:25)

بَابُ قَوْلِ اللَّهِ تَعَالَى: {وَمَنْ لَمْ يَسْتَطِعْ مِنْكُمْ طَوْلاً أَنْ يَنْكِحَ الْمُحْصَنَاتِ الْمُؤْمِنَاتِ فَمِمَّا مَلَكَتْ أَيْمَانُكُمْ مِنْ فَتَيَاتِكُمُ الْمُؤْمِنَاتِ وَاللَّهُ أَعْلَمُ بِإِيمَانِكُمْ بَعْضُكُمْ مِنْ بَعْضٍ فَانْكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَآتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ مُحْصَنَاتٍ غَيْرَ مُسَافِحَاتٍ وَلاَ مُتَّخِذَاتِ أَخْدَانٍ فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ ذَلِكَ لِمَنْ خَشِيَ الْعَنَتَ مِنْكُمْ وَأَنْ تَصْبِرُوا خَيْرٌ لَكُمْ وَاللَّهُ غَفُورٌ رَحِيمٌ}

Chapter

If a lady-slave commits illegal sexual intercourse (then what is her legal punishment?).

بَابُ إِذَا زَنَتِ الأَمَةُ

6837, 6838. Narrated Abu Hurairah and Said bin Khalid (radhiyallahu anhuma):

The verdict of Allah’s Messenger ﷺ was sought about an unmarried slave girl guilty of illegal intercourse. He replied, “If she commits illegal sexual intercourse, then flog her (fifty stripes), and if she commits illegal sexual intercourse (after that for the second time), then flog her (fifty stripes), and if she commits illegal sexual intercourse (for the third time), then flog her (fifty stripes) and sell her for even a hair rope.” Ibn Shihab said, “I am not sure whether the Prophet ﷺ ordered that she be sold after the third or fourth time of committing illegal intercourse.”

Reference
: Sahih al-Bukhari 6837, 6838
USC-MSA reference
: Vol. 8, Book 82, Hadith 822 (old numbering)
Chapter 36

If a lady-slave commits illegal sexual intercourse then she should neither be admonished nor exiled.

باب لاَ يُثَرَّبُ عَلَى الأَمَةِ إِذَا زَنَتْ وَلاَ تُنْفَى

6839. Narrated Abu Hurairah (radhiyallahu anhu):

The Prophet ﷺ said, “If a lady slave commits illegal sexual intercourse and she is proved guilty of illegal sexual intercourse, then she should be flogged (fifty stripes) but she should not be admonished; and if she commits illegal sexual intercourse again, then she should be flogged again but should not be admonished; and if she commits illegal sexual intercourse for the third time, then she should be sold even for a hair rope.”

Reference
: Sahih al-Bukhari 6839
USC-MSA reference
: Vol. 8, Book 82, Hadith 823 (old numbering)
Chapter 37

The legal regulation for non-Muslims under the protection of a Muslim state. The fact that a non-Muslim is married, is to be taken into consideration when he commits illegal sexual intercourse and is brought to the Imam (Muslim ruler).

باب أَحْكَامِ أَهْلِ الذِّمَّةِ وَإِحْصَانِهِمْ إِذَا زَنَوْا وَرُفِعُوا إِلَى الإِمَامِ

6840. Narrated Ash-Shaibani:

I asked ‘Abdullah bin Abi ‘Aufa about the Rajam (stoning somebody to death for committing illegal sexual intercourse). He replied, “The Prophet ﷺ carried out the penalty of Rajam,” I asked, “Was that before or after the revelation of Surat-an-Nur?” He replied, “I do not know.”

Reference
: Sahih al-Bukhari 6840
USC-MSA reference
: Vol. 8, Book 82, Hadith 824 (old numbering)

6841. Narrated ‘Abdullah bin ‘Umar (radhiyallahu anhuma):

The jews came to Allah’s Messenger ﷺ and mentioned to him that a man and a lady among them had committed illegal sexual intercourse. Allah’s Messenger ﷺ said to them, “What do you find in the Torah regarding the Rajam?” They replied, “We only disgrace and flog them with stripes.” ‘Abdullah bin Salam said to them, ‘You have told a lie the penalty of Rajam is in the Torah.’ They brought the Torah and opened it. One of them put his hand over the verse of the Rajam and read what was before and after it. ‘Abdullah bin Salam said to him, “Lift up your hand.” Where he lifted it there appeared the verse of the Rajam. So they said, “O Muhammad ﷺ! He has said the truth, the verse of the Rajam is in it (Torah).” Then Allah’s Messenger ﷺ ordered that the two persons (guilty of illegal sexual intercourse) be stoned to death, and so they were stoned, and I saw the man bending over the woman so as to protect her from the stones.

Reference
: Sahih al-Bukhari 6841
USC-MSA reference
: Vol. 8, Book 82, Hadith 825 (old numbering)
Chapter 38

If someone accuses his wife or another person’s wife of committing illegal sexual intercourse in the presence of the ruler and the people, should the ruler send for the lady and ask her about what she has been accused of?

بَابُ إِذَا رَمَى امْرَأَتَهُ أَوِ امْرَأَةَ غَيْرِهِ بِالزِّنَا عِنْدَ الْحَاكِمِ وَالنَّاسِ، هَلْ عَلَى الْحَاكِمِ أَنْ يَبْعَثَ إِلَيْهَا فَيَسْأَلَهَا عَمَّا رُمِيَتْ بِهِ

6842, 6843. Narrated Abu Hurairah and Zaid bin Khalid (radhiyallahu anhuma):

Two men had a dispute in the presence of Allah’s Messenger ﷺ. One of them said, “Judge us according to Allah’s Laws.” The other who was more wise said, “Yes, Allah’s Messenger ﷺ, judge us according to Allah’s Laws and allow me to speak (first)” The Prophet ﷺ said to him, ‘Speak ” He said, “My son was a laborer for this man, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I have given one-hundred sheep and a slave girl as a ransom (expiation) for my son’s sin. Then I asked the religious learned people (about It), and they told me that my son should he flogged one-hundred stripes and should be exiled for one year, and only the wife of this man should be stoned to death ” Allah’s Messenger ﷺ said, “By Him in Whose Hand my soul is, I will judge you according to Allah’s Laws: O man, as for your sheep and slave girl, they are to be returned to you.” Then the Prophet ﷺ had the man’s son flogged one hundred stripes and exiled for one year, and ordered Unais Al-Aslami to go to the wife of the other man, and if she confessed, stone her to death. She confessed and was stoned to death.

Reference
: Sahih al-Bukhari 6842, 6843
USC-MSA reference
: Vol. 8, Book 82, Hadith 826 (old numbering)
Chapter 39

Whoever teaches manners to (or inflicts punishment on) his family or others without taking the ruler’s permission.

بَابُ مَنْ أَدَّبَ أَهْلَهُ أَوْ غَيْرَهُ دُونَ السُّلْطَانِ

6844. Narrated ‘Aishah (radhiyallahu anha):

Abu Bakr came to me while Allah’s Messenger ﷺ was sleeping with his head on my thigh. Abu Bakr said (to me), “You have detained Allah’s Messenger ﷺ and the people, and there is no water in this place.” So he admonished me and struck my flanks with his hand, and nothing could stop me from moving except the reclining of Allah’s Messenger ﷺ (on my thigh), and then Allah revealed the Divine Verse of Tayammum.

Reference
: Sahih al-Bukhari 6844
USC-MSA reference
: Vol. 8, Book 82, Hadith 827 (old numbering)

6845. Narrated ‘Aishah (radhiyallahu anha):

Abu Bakr came to towards me and struck me violently with his fist and said, “You have detained the people because of your necklace.” But I remained motionless as if I was dead lest I should awake Allah’s Messenger ﷺ although that hit was very painful.

Reference
: Sahih al-Bukhari 6845
USC-MSA reference
: Vol. 8, Book 82, Hadith 828 (old numbering)
Chapter 40

Whoever saw his wife (committing illegal sexual intercourse) with another man and killed him.

باب مَنْ رَأَى مَعَ امْرَأَتِهِ رَجُلاً فَقَتَلَهُ

6846. Narrated Al-Mughira (radhiyallahu anhu):

Sa’d bin Ubada said, “If I found a man with my wife, I would kill him with the sharp side of my sword.” When the Prophet ﷺ heard that he said, “Do you wonder at Sa’d’s sense of ghira (self-respect)? Verily, I have more sense of ghira than Sa’d, and Allah has more sense of ghira than I.”

Reference
: Sahih al-Bukhari 6846
USC-MSA reference
: Vol. 8, Book 82, Hadith 829 (old numbering)
Chapter 41

What is said regarding At-Ta’rid (i.e., a roundabout way of saying something).

باب مَا جَاءَ فِي التَّعْرِيضِ

6847. Narrated Abu Hurairah (radhiyallahu anhu):

A bedouin came to Allah’s Messenger ﷺ and said, “My wife has delivered a black child.” The Prophet ﷺ said to him, “Have you camels?” He replied, “Yes.” The Prophet ﷺ said, “What color are they?” He replied, “They are red.” The Prophet ﷺ further asked, “Are any of them gray in color?” He replied, “Yes.” The Prophet ﷺ asked him, “Whence did that grayness come?” He said, “I thing it descended from the camel’s ancestors.” Then the Prophet ﷺ said (to him), “Therefore, this child of yours has most probably inherited the color from his ancestors.”

Reference
: Sahih al-Bukhari 6847
USC-MSA reference
: Vol. 8, Book 82, Hadith 830 (old numbering)
Chapter 42

What punishment may be inflicted on the person so that he may not commit the same sin again, or so that he may learn good manners.

باب كَمِ التَّعْزِيرُ وَالأَدَبُ

6848. Narrated Abu Burda:

The Prophet ﷺ used to say, “Nobody should be flogged more than ten stripes except if he is guilty of a crime, the legal punishment of which is assigned by Allah.”

Reference
: Sahih al-Bukhari 6848
USC-MSA reference
: Vol. 8, Book 82, Hadith 831 (old numbering)

6849. Narrated ‘Abdur-Rahman bin Jabir:

On the authority of others, that the Prophet ﷺ said, “No Punishment exceeds the flogging of the ten stripes, except if one is guilty of a crime necessitating a legal punishment prescribed by Allah.”

Reference
: Sahih al-Bukhari 6849
USC-MSA reference
: Vol. 8, Book 82, Hadith 832 (old numbering)

6850. Narrated Abu Burda Al-Ansari:

I heard the Prophet ﷺ saying, “Do not flog anyone more than ten stripes except if he is involved in a crime necessitating Allah’s legal Punishment.”

Reference
: Sahih al-Bukhari 6850
USC-MSA reference
: Vol. 8, Book 82, Hadith 833 (old numbering)

6851. Narrated Abu Hurairah (radhiyallahu anhu):

Allah’s Messenger ﷺ forbade Al-Wisal (fasting continuously for more than one day without taking any meals). A man from the Muslims said, “But you do Al-Wisal, O Allah’s Messenger ﷺ!” Allah’s Messenger ﷺ I said, “Who among you is similar to me? I sleep and my Lord makes me eat and drink.” When the people refused to give up Al-Wisal, the Prophet ﷺ fasted along with them for one day, and did not break his fast but continued his fast for another day, and when they saw the crescent, the Prophet ﷺ said, “If the crescent had not appeared, I would have made you continue your fast (for a third day),” as if he wanted to punish them for they had refused to give up Al-Wisal.

Reference
: Sahih al-Bukhari 6851
USC-MSA reference
: Vol. 8, Book 82, Hadith 834 (old numbering)

6852. Narrated ‘Abdullah bin ‘Umar (radhiyallahu anhuma):

Those people who used to buy foodstuff at random (without weighing or measuring it) were beaten in the lifetime of Allah’s Messenger ﷺ if they sold it at the very place where they had bought it, till they carried it to their dwelling places.

Reference
: Sahih al-Bukhari 6852
USC-MSA reference
: Vol. 8, Book 82, Hadith 835 (old numbering)

6853. Narrated ‘Aishah (radhiyallahu anha):

Allah’s Messenger ﷺ never took revenge for his own self in any matter presented to him till Allah’s limits were exceeded, in which case he would take revenge for Allah’s sake.

Reference
: Sahih al-Bukhari 6853
USC-MSA reference
: Vol. 8, Book 82, Hadith 836 (old numbering)
Chapter 43

What is the legal verdict in the case of somebody who behaves in such a suspicious and dishonest way that he may be suspected of adultery; and the case of one who accuses others of evil deeds without any evident proof.

باب مَنْ أَظْهَرَ الْفَاحِشَةَ وَاللَّطْخَ وَالتُّهَمَةَ بِغَيْرِ بَيِّنَةٍ

6854. Narrated Sahl bin Sa’d (radhiyallahu anhu):

I witnessed the case of Lian (the case of a man who charged his wife for committing illegal sexual intercourse when I was fifteen years old. The Prophet ﷺ ordered that they be divorced, and the husband said, “If I kept her, I would be a liar.” I remember that Az-Zubair also said, “(It was said) that if that woman brought forth the child with such-and-such description, her husband would prove truthful, but if she brought it with such-and-such description looking like a Wahra (a red insect), he would prove untruthful.” I heard Az-Zubair also saying, “Finally she gave birth to a child of description which her husband disliked .

Reference
: Sahih al-Bukhari 6854
USC-MSA reference
: Vol. 8, Book 82, Hadith 837 (old numbering)

6855. Narrated Al-Qasim bin Muhammad:

Ibn ‘Abbas mentioned the couple who had taken the oath of Lian. ‘Abdullah bin Shaddad said (to him), “Was this woman about whom Allah’s Messenger ﷺ said, ‘If I were ever to stone to death any woman without witnesses. (I would have stoned that woman to death)?’ Ibn ‘Abbas replied,” No, that lady exposed herself (by her suspicious behavior).”

Reference
: Sahih al-Bukhari 6855
USC-MSA reference
: Vol. 8, Book 82, Hadith 838 (old numbering)

6856. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

Lian was mentioned in the presence of the Prophet ﷺ, Asim bin Adi said a statement about it, and when he left, a man from his tribe came to him complaining that he had seen a man with his wife. Asim said, “I have been put to trial only because of my statement.” So he took the man to the Prophet ﷺ and the man told him about the incident. The man (husband) was of yellow complexion, thin, and of lank hair, while the man whom he had accused of having been with his wife, was reddish brown with fat thick legs and fat body. The Prophet ﷺ said, “O Allah! Reveal the truth.” Later on the lady delivered a child resembling the man whom the husband had accused of having been with her. So the Prophet ﷺ made them take the oath of Lian. A man said to Ibn ‘Abbas in the gathering, “Was that the same lady about whom the Prophet ﷺ said, “If I were to stone any lady (for committing illegal sexual intercourse) to death without witnesses, I would have stoned that lade to death?” Ibn ‘Abbas said, “No, that was another lady who used to behave in such a suspicious way among the Muslims that one might accuse her of committing illegal sexual intercourse.”

Reference
: Sahih al-Bukhari 6856
USC-MSA reference
: Vol. 8, Book 82, Hadith 839 (old numbering)
Chapter 44

To accuse the chaste women. And the Statement of Allah: “And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever, they indeed are the Fasiqun (liars, rebellious, disobedient to Allah). Except those who repent thereafter and do righteous deeds; (for such) verily, Allah is Oft-Forgiving, Most Merciful.” (V.24:4,5) And also the Statement of Allah: “Verily, those who accuse chaste women, who never even think of anything touching their chastity and are good believers, are cursed in this life and in the Hereafter, and for them will be a great torment.” (V.24:23)

باب رَمْىِ الْمُحْصَنَاتِ

6857. Narrated Abu Hurairah (radhiyallahu anhu):

The Prophet ﷺ said, “Avoid the seven great destructive sins.” They (the people!) asked, “O Allah’s Messenger ﷺ! What are they?” He said, “To join partners in worship with Allah; to practice sorcery; to kill the life which Allah has forbidden except for a just cause (according to Islamic law); to eat up usury (Riba), to eat up the property of an orphan; to give one’s back to the enemy and freeing from the battle-field at the time of fighting and to accuse chaste women who never even think of anything touching chastity and are good believers.”

Reference
: Sahih al-Bukhari 6857
USC-MSA reference
: Vol. 8, Book 82, Hadith 840 (old numbering)
Chapter 45

Slandering the slaves (accusing them for committing illegal sexual intercourse).

باب قَذْفِ الْعَبِيدِ

6858. Narrated Abu Hurairah (radhiyallahu anhu):

I heard Abu-l-Qasim (the Prophet ﷺ) saying, “If somebody slanders his slave and the slave is free from what he says, he will be flogged on the Day of Resurrection unless the slave is really as he has described him.”

Reference
: Sahih al-Bukhari 6858
USC-MSA reference
: Vol. 8, Book 82, Hadith 841 (old numbering)
Chapter 46

Can a ruler order somebody to inflict the legal punishment on someone without himself being present? ‘Umar did so (during his caliphate).

باب هَلْ يَأْمُرُ الإِمَامُ رَجُلاً فَيَضْرِبُ الْحَدَّ غَائِبًا عَنْهُ

6859, 6860. Narrated Abu Hurairah and Zaid bin Khalid Al-Juhani (radhiyallahu anhuma):

A man came to the Prophet ﷺ and said, “I beseech you to judge us according to Allah’s Laws.” Then his opponent who was wiser than he, got up and said, “He has spoken the truth. So judge us according to Allah’s Laws and please allow me (to speak), O Allah’s Messenger ﷺ.” The Prophet ﷺ said, “Speak.” He said, “My son was a laborer for the family of this man and he committed illegal sexual intercourse with his wife, and I gave one-hundred sheep and a slave as a ransom (for my son), but I asked the religious learned people (regarding this case), and they informed me that my son should be flogged one-hundred stripes, and be exiled for one year, and the wife of this man should be stoned (to death).”The Prophet ﷺ said, “By Him in Whose Hand my soul is, I will Judge you (in this case) according to Allah’s Laws. The one-hundred (sheep) and the slave shall be returned to you and your son shall be flogged one-hundred stripes and be exiled for one year. And O Unais! Go in the morning to the wife of this man and ask her, and if she confesses, stone her to death.” She confessed and he stoned her to death.

Reference
: Sahih al-Bukhari 6859, 6860
USC-MSA reference
: Vol. 8, Book 82, Hadith 842 (old numbering)

No ahadith match your search.

The Punishment for One who Intentionally Breaks His Fast!

Ibn Khuzaymah (1986) and Ibn Hibbaan (7491) narrated that Aboo Umaamah al-Baahili (may Allaah be pleased with him) said:

I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say:
Whilst I was sleeping, two men came to me and took hold of my upper arm, and brought me to a rugged mountain. They said: Climb up.’ I said: I cannot do it.’ They said: We will make it easy for you.’ So I climbed up until I was at the top of the mountain. There I heard loud voices. I said: What are these voices?’ They said: This is the screaming of the people of Hell.’ Then I was taken and I saw people suspended by their ankles, with the corners of their mouths torn and pouring with blood. I said: Who are these?’ They said: These are the people who broke their fast before it was time to do so.’

[Classed as Saheeh by al-Albaanee in Saheeh Mawaarid adh-Dham-aan, 1509].

al-Albaanee (may Allaah have mercy on him) commented: I say: This is the punishment of the one who fasted then deliberately broke his fast before the time for iftaar had come. So how about one who does not fast at all? We ask Allaah to keep us safe and sound in this world and in the Hereafter.

Source: Compiled by Sister Umm Sufyan Fatima