Chapter 88. Book of Shares of Inheritance (fara'id)

The words of Allah Almighty, "Allah instructs you regarding your children: A male receives the same as the share of two females. If there are more than two daughters they receive two-thirds of what you leave. If she is one on her own she receives a half. Each of your parents receives a sixth of what you leave if you have children. If you are childless and your heirs are your parents your mother receives a third. If you have brothers or sisters your mother receives a sixth, after any bequest you make or any debts. With regard to your fathers and your sons, you do not know which of them is going to benefit you more. These are obligatory shares from Allah. Allah is All-Knowing, All-Wise.

You receive half of what your wives leave if they are childless. If they have children you receive a quarter of what they leave after any bequest they make or any debts. They receive a quarter of what you leave if you are childless. If you have children they receive an eighth of what you leave after any bequest you make or any debts. If a man or woman has no direct heirs, but has a brother or sister, each of them receives a sixth. If there are more than that they share in a third after any bequest you make or any debts, making sure that no one's rights are prejudiced. This is an instruction from Allah. Allah is All-Knowing, All-Forbearing." (4:11-12)

6344. Muhammad ibn al-Munkadir related that he heard Jabir ibn 'Abdullah say, "I fell ill and the Messenger of Allah, may Allah bless him and grant him peace, and Abu Bakr came on foot to visit me. They found me unconscious. The Prophet, may Allah bless him and grant him peace, did wudu' and then poured his wudu' water on me. I regained consciousness and said, 'Messenger of Allah, what shall I do with my property? How should I settle my property?' He did give not an answer until the Ayat of Inheritance was revealed."

I. Teaching the shares of inheritance

'Uqba ibn 'Amir said, "Learn before people act on supposition," i.e. those who speak based on supposition.

6345. Tawus related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Beware of suspicion. Suspicion is the falsest of speech. Do not pry or spy. Do not envy one another nor turn your backs on one another nor hate one another. Be slaves of Allah and brothers."

II. The words of the Prophet, may Allah bless him and grant him peace, "We do not leave inheritance. What we leave is sadaqa."

6346. 'Urwa related from 'A'isha: Fatima and al-'Abbas went to Abu Bakr to ask for their inheritance from the Messenger of Alla, may Allah bless him and grant him peace. They were asking for their land at Fadak and their share of Khaybar. Abu Bakr said to them, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'We do not leave inheritance. What we leave is sadaqa, but the family of Muhammad may eat from this property.'" Abu Bakr said, 'By Allah, I will not leave anything that I saw the Messenger of Allah, may Allah bless him and grant him peace, doing. Rather I will do it." Therefore Fatima shunned him and did not speak to him until she died.

'Urwa related from 'A'isha that the Prophet, may Allah bless him and grant him peace, said, "We do not leave inheritance. What we leave is sadaqa."

6347. It is related from Malik ibn Aws ibn al-Hadathan – and Muhammad ibn Jubayr ibn Mut'im mentioned some of the hadith when he said, "I went to visit him and ask him about it and he said...": "I went to visit 'Umar. (While I was there), his chamberlain Yarfa' came to him and said, 'Will you admit 'Uthman, 'Abdu'r-Rahman ibn 'Awf, az-Zubayr, and Sa'd?' He said, 'Yes.' So he gave them permission. Then he said, 'Will you admit 'Ali and 'Abbas?' He said, 'Yes.' 'Abbas said, 'Amir al-Mu'minin! Judge between me and this one ['Ali]!'Umar said, 'I adjure you by Allah by whose permission the heaven and earth subsist, do you know that the Messenger of Allah, may Allah bless him and grant him peace, said, "We do not bequeath inheritance. What we leave is sadaqa," meaning the Messenger of Allah, may Allah bless him and grant him peace, himself?' The group said, 'He said that.' 'Umar turned to 'Ali and 'Abbas, and said, 'Do you know that the Messenger of Allah, may Allah bless him and grant him peace, said that?' They both said, 'He said that.' 'Umar said, 'I will talk to you about this matter. Allah singled out His Messenger, may Allah bless him and grant him peace, in these spoils something which he did not give anyone else. Allah says, "Whatever booty from them Allah has given to His Messenger – and you spurred on neither horse nor camel in its acquisition, but Allah gives power to His Messengers over anyone He wills, Allah has power over all things." (59:6) This was specially for the Messenger of Allah, may Allah bless him and grant him peace, and, by Allah, he did not appropriate it to your exclusion, and he did not prefer himself with it against you. He gave it to you and distributed it among you until this property remained of it. The Prophet, may Allah bless him and grant him peace, used to spend on his family the maintenance of a year from this property. Then he took what remained and made it the property of Allah. The Messenger of Allah, may Allah bless him and grant him peace, did that during his lifetime. I adjure you Allah, do you know that?' 'They all said, 'Yes.' He said to 'Ali and 'Abbas, 'I adjure you Allah, do you know that?' They both said, 'Yes.' 'Then Allah took the Prophet, may Allah bless him and grant him peace, and Abu Bakr said, "I am the guardian of the Prophet, may Allah bless him and grant him peace." So Abu Bakr took it and acted with it as the Messenger of Allah, may Allah bless him and grant him peace, had acted. Then Allah took Abu Bakr and I said, "I am the guardian of the guardian of the Messenger of Allah, may Allah bless him and grant him peace.? I took it under my control for two years during which I acted in it as the Messenger of Allah, may Allah bless him and grant him peace, and Abu Bakr acted. Then you two came to talk to me, and you both said the same thing and had the same claim. You ('Abbas) came to me, and asked for your share from your nephew and this one ('Ali) asked me for the share of his wife from her father. I said, "If you wish, I will hand it over to you on that basis." So are you now seeking from me a decision other than that? By Allah by whose permission the heaven and earth subsist, I would not give a decision in it other than that until the Last Hour comes! If you are incapable of it, then give it to me and I will spare you of it.'"

6348. Al-A'raj related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not distribute even a dinar of my inheritance. What I leave after the expenses of my wives and the payment of my agent is sadaqa."

6349. 'Urwa related from 'A'isha that when the Messenger of Allah, may Allah bless him and grant him peace, died, the wives of the Prophet, may Allah bless him and grant him peace, wanted to send 'Uthman ibn Abi Bakr to ask Abu Bakr for their inheritance. 'A'isha said, "Did not the Messenger of Allah, may Allah bless him and grant him peace, say, 'We do not leave inheritance. What we leave is sadaqa'?"

III. The words of the Prophet, may Allah bless him and grant him peace, "If someone leaves wealth, it is for his family."

6350. Abu Salama related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "I have more right to be the protector of the believers than themselves. If any believer dies leaving a debt, we will settle it. If anyone leaves property, it goes to his heirs."

IV. A child inheriting from his father and his mother

Zayd ibn Thabit said, "If a man or woman leaves a daughter, she receives a half. If there are two or more daughters, they receive two-thirds. If there is a son with them, then one begins with those who share with them in inheritance and they receive their shares and then what remains goes to them, with the male receiving double the share of a female."

6351. Tawus related that Ibn 'Abbas said that the Prophet, may Allah bless him and grant him peace, said, "Give the shares to their people. What is left over goes to the closest male relative."

V. Inheritance by daughters

6352. 'Amir ibn Sa'd ibn Abi Waqqas related that his father said, "I became very ill in Makka and thought I was going to die. The Prophet, may Allah bless him and grant him peace, came to visit me and I said, 'Messenger of Allah, I have a lot of property and my only heir is one daughter. Should I will away two-thirds of my property and leave a third?' 'No,' he answered. I said, 'A half?' 'No,' he answered. I said, 'A third?' He said, 'A third is a lot. It is better to leave your heirs wealthy than to make them beg from people with their hands. Whatever you spend on maintenance is sadaqa, even the morsel you put in your wife's mouth.' I said, 'Messenger of Allah, will I be left behind my hijra?' He said, 'You will not be left behind, for any virtuous actions you do will raise you in degree and elevation. If you were left behind me, perhaps some people will benefit from you and others harmed by you, but poor Sa'd ibn Khawla!' The Messenger of Allah, may Allah bless him and grant him peace, grieved over his dying in Makka."

Sufyan said, "Sa'd ibn Khawla was a man from the Banu 'Amir ibn Lu'ayy."

6353. Ash'ath related that al-Aswad ibn Yazid said, "Mu'adh ibn Jabal came to us in Yemen as a teacher and ruler. We asked him about a man who died leaving a daughter and a sister. He gave the daughter half and the sister half."

VI. A grandson inheriting in the absence of a son

Zayd said, "Grandchildren are in the position of children if there is no other male children still alive. Their males are like their males and their females like their females. They inherit as they inherit and preclude  (other heirs) as they preclude. A grandchild does not inherit when there is a son."

6354. Tawus related from Ibn 'Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "Give the shares to their people. What is left over goes to the closest male relative."

VII. The inheritance of a son's daughter in the presence of a daughter

6355. Huzayl ibn Shurahbil said, "Abu Musa was asked about a daughter, a son's daughter and a sister. He said, 'The daughter re ceives a half. The sister receives a half. If you go to Ibn Mas'ud, he will corroborate me.' Ibn Mas'ud was asked and was told of what Abu Musa said. He said, 'I would be misguided and not be one of the guided if I give the decision which the Prophet, may Allah bless him and grant him peace, gave. The daughter has a half and the daughter of the son has a sixth which completes two-thirds, and what is left is for the sister." Then went to Abu Musa and told him that Ibn Mas'ud has said, and he said, 'Do not ask me as long as this scholar is among you.'"

VIII. A grandfather inheriting with a father and brothers

Abu Bakr, Ibn 'Abbas and Ibn az-Zubayr said, "The grandfather is like a father, Ibn 'Abbas recited,  "O children of Adam" (7:26) and "I hold fast to the creed of my forebears, Ibrahim and Ishaq and Ya'qub." (12:38)

It is not mentioned that anyone disagreed with Abu Bakr while he was alive while there were many Companions of the Prophet, may Allah bless him and grant him peace.

Ibn 'Abbas said, "The son of my son inherits rather than my brothers and I do not inherit from the son of my son."

Differing views are related from 'Umar, 'Ali, Ibn Mas'ud and Zayd.

6356. Tawus related from Ibn 'Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "Give the shares to their people. What is left over goes to the closest male relative."

6357. 'Ikrima related that Ibn 'Abbas said, "The one abou whom the Messenger of Allah, may Allah bless him and grant him peace, said. 'If I were to take a close friend from this Community, I would have taken him (Abu Bakr), but the friendship of Islam is better,' put the grandfather in the position of a father." So he said, "He judged him to be like a father."

IX. The inheritance of a husband when there are children and other relatives

6358. 'Ata' related that Ibn 'Abbas said, "Wealth was given to children and bequests were made for parents. Then Prophet abrogated what He wished of that and appointed for the male twice the share of the female, and He appointed for each of the parents a sixth. He appointed an eighth and a fourth for the wife, and a half and a fourth for the husband."

X. The inheritance of a wife and husband when there are children and other relatives

6359. Ibn al-Musayyab related that Abu Hurayra said, "The Prophet, may Allah bless him and grant him peace, gave a judgement about a miscarriage by a woman of the Banu Lahyan which was born dead that the blood money [for the foetus] was a good slave, male or female. ThenThen the woman who received the judgement of the slave died and the Messenger of Allah, may Allah bless him and grant him peace, decided that her inheritance would go to her children and husband and that the penalty was paid by the 'asaba (paternal male relations)."

XI. The inheritance of sisters when there are daughters as 'asaba

6360. Al-Aswad related, "In the time of the Messenger of Allah, may Allah bless him and grant him peace, Mu'adh ibn Jabal judged for us that the daughter received a half and a sister received a half." Sulayman said, "He judged for us," and he did not mention "in the time of the Messenger of Allah, may Allah bless him and grant him peace."

6361. Huzayl related that 'Abdullah said, "I will give the judgement according to the judgement of the Prophet: The daughter has a half, the son's daughter a sixth, and the rest is for the sister."

XII. The inheritance of sisters and brothers

6362. Muhammad ibn al-Munkadir reported that he heard Jabir said, "The Prophet, may Allah bless him and grant him peace, came to me while I was ill. He called for wudu' water and did wudu' and then sprinkled some of his wudu' water over me and I regained consciousness. I said, 'Messenger of Allah, I have sisters.' Then the Ayat of Shares was revealed.

XIII. "They will ask you for a fatwa. Say: 'Allah gives you a fatwa about people who die without direct heirs: If a man dies childless but has a sister she receives half of what he leaves, and he is her heir if she dies childless. If there are two sisters they receive two-thirds of what he leaves. If there are brothers and sisters the males receive the share of two females. Allah makes things clear to you so you will not go astray. Allah has knowledge of all things.'" (4:186)

6363. Abu Ishaq related that al-Bara' said, "The last ayat to be revealed was the last ayat of Surat an-Nisa': 'They will ask you for a fatwa. Say: 'Allah gives you a fatwa about people who die without direct heirs...' (4:176)

XIV. Two sons of a paternal uncle, one of whom is a woman's brother by the mother and the other her husband

'Ali said, "The husband gets a half, the brother by the mother gets a sixth, and what remains is divided equally between them.

6364. Abu Salih related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "I have more right to be the protector of the believers than themselves. If anyone dies and leaves property, it goes to the 'asaba relatives. If someone leaves no heirs or leaves vulnerable dependents, I am his protector and I can be called on to support them."

6365. Tawus related from Ibn 'Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "Give the shares to their people. What is left over goes to the closest male relative."

XV. Maternal relatives

6366. Sa'id ibn Jubayr related from Ibn 'Abbas about "We have appointed heirs for everything ..." (4:33) and "If you have a bond with people" (4:33): "When the Muhajirun came to Madina, the Ansar used to be the heirs of the Muhajirun rather than their relatives on the basis of the brotherhood which the Prophet, may Allah bless him and grant him peace, established between them. When "We have appointed heirs for everything..." (4:33) was revealed, it abrogated "If you have a bond with people" (4:33).

XVI. Inheritance after separation by mutual cursing (li'an)

6367. Nafi' related from Ibn 'Umar that a man divorced his wife by li'an (mutual cursing) in the time of the Prophet, may Allah bless him and grant him peace, and he denied the paternity of her child. The Prophet, may Allah bless him and grant him peace, separated them and attached the child only to the woman.

XVII. The child belongs to the bed, whether the woman was free or a slave

6368. 'Urwa related that 'A'isha said, "'Utba ibn Abi Waqqas took an undertaking from his brother, Sa'd, 'The son of the slavegirl of Zam'a is my son. Take him into your care.' In the year of the Conquest, Sa'd took him and said, 'He is my nephew, I gave an undertaking about him.' 'Abd ibn Zam'a stood up and said, 'He is my brother, the son of my father's slavegirl. He was born on his bed.' They both went to the Prophet, may Allah bless him and grant him peace, and Sa'd said, 'Messenger of Allah, he is my nephew. I gave an undertaking about him.' 'Abd ibn Zam'a said, 'He is my brother and the son of my father's slave. He was born on his bed.' The Prophet, may Allah bless him and grant him peace, said, 'He is yours, 'Abd ibn Zam'a.' Then the Prophet, may Allah bless him and grant him peace, said, ' The child belongs to the bed and stones belong to the adulterer.' Then he said to Sawda bint Zam'a, 'Veil yourself from him,' because of the resemblance he saw in him to 'Utba. He did not see her until he met Allah [i.e. died]."

6369. Muhammad ibn Ziyad related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "The child belongs to the bed."

XVIII. The wala' belongs to the one who sets free and the inheritance of a foundling

'Umar said, "The foundling is free."

6370. Al-Aswad related that 'A'isha said, "I purchased Barira and the Prophet*, may Allah bless him and grant him peace, said, 'Buy her,.The wala' belongs to the one who frees the person.' She was given a sheep and he said, 'It is sadaqa for her and a gift for is."

Al-Hakam said, "Her husband was free," but his statement is mursal [i.e. stopping at al-Hakam, and not going back to 'A'isha].

Ibn 'Abbas said, "I saw him when he was a slave."

6371. Nafi' related from Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who frees the person."

XIX. The inheritance of the sa'iba (one set free without anyone having his wala')

6372. Huzayl related that 'Abdullah said, "The people of Islam do not free people as sa'iba. The people the Jahiliyya used to do that."

6373. Al-Aswad related that 'A'isha bought Barira in order to set her free and her owners has stipulated that they would have her wala'. 'A'isha said, "I bought Barira in order to free her and her owners have stipulated that they will have the wala'." He said, "Set her free. The wala' belongs to the one who sets free." or "Pays the price." He said, "She bought her and set her free." He said, "She was given a choice (about whether to stay with her husband) and chose to be unmarried. She said, "Even if he were to give me such-and-such, I would not remain with him."

Al-Aswad said, "Her husband was free." What al-Aswad said is cut off [i.e. has a man missing from the isnad].

Ibn 'Abbas's statement, "I saw him when he was a slave" is sounder.

XX. The sin of the one who declares himself quit of his masters

6374. Ibrahim at-Taymi related from his father that 'Ali said, "We have no book that we read but the Book of Allah and this paper." He took it out and it contained things about wounds and the ages of camels. He said, "It contained: 'Madina is a sanctuary between 'Ayr to Thawr. Whoever commits an improper action in it or gives refuge to someone who commits improper actions, on him is the curse of Allah, the angels and all people. Neither repentance nor ransom will be accepted from him on the Day of Rising. If someone accepts the protectorship of other than his masters, on him is the curse of Allah, the angels and all people. The dhimma [covenant] of the Muslims is the same. It is effected by the least of them. If someone betrays a Muslim, on him is the curse of Allah, the angels and all people. Neither repentance nor ransom will be accepted from him on the Day of Rising."'"

6375. 'Abdullah ibn Dinar related that Ibn 'Umar said, "The Prophet, may Allah bless him and grant him peace, forbade selling the wala' or giving it as a present."

XXI. When someone becomes Muslim with someone

Al-Hasan did not think that he had any guardianship.

The Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets someone free."

It is mentioned marfu' that Tamim ad-Dari said, "He is the closet of the people to him in his life and his death."

They disagree about the soundness of this report.

6376. Ibn 'Umar related that 'A'isha, the Umm al-Mu'minin, wanted to buy a slavegirl and set her free and her owners said, "We will sell her to you provided that we retain her wala'." She mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'That should not prevent you, The wala' is for the one who sets the person free."

6377. Al-Aswad related that 'A'isha said, "I bought Barira and her owners made a precondition of her wala' and she mentioned that to the Prophet, may Allah bless him and grant him peace, and he said, 'Set her free. The wala' belongs to the one who pays the silver." She said, "I set her free." She said, The Messenger of Allah, may Allah bless him and grant him peace, summoned her and gave her a choice regarding her husband. She said, 'Even if he were to give such-and such, I would not stay with him.' She choose herself."

XXII. What women inherit of the wala'

6378. Nafi' related that Ibn 'Umar said, "'A'isha wanted to buy Barira and told the Prophet, may Allah bless him and grant him peace, 'They are stipulating that they will keep the wala'.' The Prophet, may Allah bless him and grant him peace, said, 'Buy her. The wala' belongs to the one who sets the person free.'"

6379. Al-Aswad related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, said, "The wala' belongs to the one who pays the silver and grants the favour."

XXIII. The client of a people is one of them, and the son of the sister is one of them

6380. Mu'awiya ibn Qurra and Qatada related from Anas ibn Malik that the Prophet, may Allah bless him and grant him peace, said, "The client of a people is one of them," or words to that effect.

6381. Qatada related from Anas that the Prophet, may Allah bless him and grant him peace, said, "The son of the sister of a people is one of them," or "from among themselves."

XXIV. The inheritance of a captive

He said, "Shurayh used to allow the captive who was in the hands of the enemy to inherit. He said, 'He is more in need of it.'"

'Umar ibn 'Abdu'l-'Aziz said, "Carry out the bequests of a captive and his orders of emancipation and what he does with property as long as he has not changed his deen. It is his property and he can do what he wishes with it."

6382. Abu Hazim related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "If someone dies leaving property, it goes to his heirs. If he dies without heirs, it goes to us."

XXV. A Muslim does not inherit from an unbeliever nor an unbeliever from a Muslim

When someone becomes a Muslim before the division of inheritance, he is not entitled to inherit.

6383. 'Amr ibn 'Uthman related from Usama ibn Zayd that the Prophet, may Allah bless him and grant him peace, said, "A Muslim does not inherit from an unbeliever nor an unbeliever from a Muslim."

XXVI. The inheritance of a Christian slave and Christian mukatib and the sin of the one who disowns his child

XXVII. The wrong action of someone who denies the paternity of his children and the one who claims that someone is his brother or the son of his brother

6384. 'Urwa related that 'A'isha said, "Sa'd ibn Abi Waqqas and 'Abd ibn Zam'a had a dispute about a boy. Sa'd said, 'This, Messenger of Allah, is the son of my brother, 'Utba ibn Abi Waqqas who told to me that he was his son. Notice the resemblance.' 'Abd ibn Zam'a said, 'This is my brother, Messenger of Allah. He was born on my father's bed by his slavegirl.' The Messenger of Allah, may Allah bless him and grant him peace, looked to see the resemblance and saw that he clearly resembled 'Utba. He said, 'He is yours, 'Abd ibn 'Utba. The child belongs to the bed and the adulterer has stones, Sawda bint Zam'a, screen yourself from him.'" She said, "He never again saw Sawda."

XXVIII. Someone who attributes himself to other than his father

6385. Abu 'Uthman related that Sa'd said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If someone attributes himself to other than his father knowing that he is not his father, the Garden is unlawful to him.' I mentioned it to Abu Bakra and he said, 'I heard it with my two ears and my heart preserved it from the Messenger of Allah, may Allah bless him and grant him peace."

6386. 'Irak related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Do not deny your fathers. If someone denies his father, that is unbelief."

XXIX. When a woman lays claim to a son

6387. Al-A'raj related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Two women had their sons with them when a wolf came and took away the child of one of them. She said to her companion, 'It has taken your child.' The other said, 'No,it has taken your child.' They took the dispute to Da'ud and he decided on behalf of the elder woman. They went to Sulayman ibn Da'ud, peace be upon him, and informed him and he said, 'Bring me a knife and I will divide him up between you.' The younger woman said, 'Do not do it, may Allah have mercy on you! It is her child.' So he judged that it belonged to the younger one." Abu Hurayra said, "By Allah, I heard 'a knife (sakîn)' only on that day. We used to say mudya."

XXX. The qa'if (the physiognomer)

6388. 'Urwa related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, visited me when he was happy and the features of his face were radiant. He said, 'Do you not know that Mujazzaz just looked at Zayd ibn Haritha and Usama ibn Zayd and said, 'These feet belong to one another'?"

6389. 'Urwa related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, visited me one day when he was happy. He said, ''A'isha, do you not know that Mujazzaz al-Mudliji came in and saw Usama and Zayd who had a covering? over them which covered their heads while their feet were showing. He said, 'These feet belong to one another.'"

Chapter 89. Book of Hudud

I. The hudud about which one should be careful. Illicit sex and drinking wine.

Ibn 'Abbas said, "The light of faith is removed from someone during fornication."

6390. Abu Bakr ibn 'Abdu'r-Rahman related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A fornicator does not commit fornication while he is a believer, and someone who drinks does not drink wine while he is a believer, and someone who steals does not steal while he is a believer. Someone who robs, while people raise their eyes to look at him doing that is not a believer when he robs."

The like of it is related by Sa'id ibn al-Musayyab and Abu Salama from Abu Hurayra £ from the Prophet, may Allah bless him and grant him peace, without robbery.

II. What has come about beating someone who drinks wine

6391. Qatada related from Anas ibn Malik that the Prophet, may Allah bless him and grant him peace, beat people with palm stalks and sandals for drinking and Abu Bakr gave forty lashes.

III. The one who ordered the hadd punishment be inflicted at home

6392. Ibn Abi Mulayka related that 'Uqba ibn al-Harith said, "An-Nu'man, or the son of an-Nu'man, was brought on account of drinking and the Prophet,may Allah bless him and grant him peace, commanded that they beat him in the house. They beat him, and I was one of those who beat him with sandals."

IV. Beating with palm stalks and sandals

6393. 'Abdullah ibn Abi Mulayka related from 'Uqba ibn al-Harith that the Prophet, may Allah bless him and grant him peace, was brought Nu'aym or the son of Nu'aym who was drunk. That was hard on him and he commanded those in the house to beat him. They beat him with stalks and sandals. I was one of those who beat him."

6394. Qatada related that Anas said, "The Prophet, may Allah bless him and grant him peace, flogged people for wine with palm stalks and sandals, and Abu Bakr gave forty lashes."

6395. Abu Usama related that Abu Hurayra said, "A man who had drunk wine was brought to the Prophet, may Allah bless him and grant him peace, who said, 'Beat him.'' Abu Hurayra said, "Some of us hit with our hands and some with their garments. When it was over, some people said, 'May Allah disgrace you!' The Prophet said, 'No! Do not say that. Do not help Shaytan against him.'"

6396. 'Umayr ibn Sa'id an-Nakha'i was heard to say, "I heard 'Ali ibn Abi Talib say, 'I do not feel any sorrow for someone who dies on account of receiving a hadd punishment except the one who drinks. If he dies, I will pay his blood money. That is because Allah did not make that a sunna."'"

6397. Yazid ibn Khusayfa related that as-Sa'ib ibn Yazid said, "In the time of the Messenger of Allah, may Allah bless him and grant him peace, the rule of Abu Bakr and the beginning of the khalifate of 'Umar, when we were brought someone who had drink, we would go to him with our hands, sandals and cloak. At the end of the rule of 'Umar, he inflicted forty lashes and when people became impudent, and impious, he gave eighty lashes.

V. What is disliked of cursing someone who drinks wines and the fact that he has not left the religion

6398. Aslam related from 'Umar ibn al-Khattab that in the time of the Prophet, may Allah bless him and grant him peace, there was a man named 'Abdullah who was called "the Donkey" and who used to make the Messenger of Allah, may Allah bless him and grant him peace, laugh. The Prophet, may Allah bless him and grant him peace, flogged him for drinking. One day he was brought and he commanded that he be lashed. A man among the people said, 'O Allah, curse him! How often he is brought on account of it!' The Prophet, may Allah bless him and grant him peace, said, 'Do not curse him. By Allah, I only know that he loves Allah and His Messenger.'"

6399. Abu Salama related that Abu Hurayra said, "The Prophet, may Allah bless him and grant him peace, was brought a man who was drunk and ordered that he be beaten. Some of us beat him with their hands, some beat him with their sandals, and some beat him with their garments. When he left, a man said, 'What is the matter with him? May Allah disgrace him!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Do not help Shaytan against your brother.'"

VI. The thief when he steals

6400. 'Ikrima related from Ibn 'Abbas that the Prophet, may Allah bless him and grant him peace, said, "The fornicator does not commit fornication while he is a believer. The one who steals does not steal while he is a believer."

VII. Cursing the thief when he is not named

6401. Abu Salih was heard to relate from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Allah curses a thief who steals an egg and has his hand cut off, or steals a rope and has his hand cut off."

Al-A'mash said, "They relate 'egg' to mean an iron helmet and they used to think that the 'rope' may have cost a number of dirhams [so that it reaches the minimun]."

VIII. The Hudud  punishments are expiation

6402. Abu Idris al-Khawlani related that 'Ubada ibn as-Samit said, "We were with the Prophet, may Allah bless him and grant him peace, in a gathering. He said, 'Give me allegiance on the basis that you will not associate anything with Allah, will not steal, and will not commit illicit sexual intercourse.'" Then he recited all of this ayat. 'If any of you fulfils it, his reward is up to Allah. If anyone does something of that and is punished for it. that is its expiation. If someone does something of that, and Allah veils him, then if Allah wishes, He can forgive him. If He wishes, He will punish him.'"

IX. The back of a believer is safe except on account of a hadd punishment or a right he owes

6403. It is related that 'Abdullah said, "In the Farewell Hajj, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Do you know which month is the most sacred?' They answered, 'This month of ours.' He asked, 'Do you know which land is the most sacred?' They answered, 'This land of ours.' He asked, 'Do you know which day is the most sacred?' He answered, 'This day of ours,' He said, 'Allah Almighty has made your blood, your property and your honour except by a right, just like the sacredness of this day in this place in this month. Have I do not conveyed?' three times, They answered each time saying, 'Yes.' He said, 'Mercy be on you (or woe to you) Do not revert to unbelievers after me by striking the necks of one another.'"

X. Carrying out hudud punishments and seeking revenge for violation of the sacred things of Allah

6404. 'Urwa related that 'A'isha said, "The Prophet, may Allah bless him and grant him peace, was not given a choice between two matters but that he chose the easier of them as long as it was not a sin. If it was a sin, he was the furthest of people from it. By Allah, he never took revenge for himself unless the sacred things of Allah were violated and then he took revenge for Allah."

XI. Carrying out the hudud on both the noble and weak

6405. 'Urwa related from 'A'isha that Usama spoke to the Prophet, may Allah bless him and grant him peace, on behalf of a woman and he said, "Those before you were destroyed because they used to carry out the hadd punishment on the weak and did not carry it out on the noble. By the One who has my soul in His hand, if Fatima were to do that, I would cut off her hand."

XII. It is dislikes to interceded in the case of a hadd punishment when it has already  been presented to the ruler

6406. 'Urwa related from 'A'isha that Quraysh were concerned with the case of a Makhzumi woman who had stolen something and they said, "Who will speak to the Messenger of Allah, may Allah bless him and grant him peace, about her?" They said, "Who is bold enough to do it except Usama ibn Zayd, the beloved of the Messenger of Allah, may Allah bless him and grant him peace?" Usama spoke to him and the Messenger of Allah, may Allah bless him and grant him peace, said, "How can you intercede when it is a case of one of the legal punishments of Allah Almighty?" Then he stood up and spoke and said, "Those before you were destroyed because when a noble among them stole, they let him be, but when the weak among them stole, they carried out the legal punishment on them. By Allah, if Fatima the daughter of Muhammad were to steal, Muhammad would cut off her hand."

XIII. The words of Allah, "The thief, male or female, cut off his or her hand." (5:38) That for which the hand is cut off

'Ali cut off the hand at the wrist.

Qatada said about a woman who stole and whose left hand had been cut off, "There is nothing more than that." [i.e. the right hand is not cut off.]

6407. 'Amra related from 'A'isha that the Prophet, may Allah bless him and grant him peace, said, "The hand is cut off for stealing something worth a quarter of a dinar or more."

'Abdu'r-Rahman ibn Khalid, the nephew of az-Zuhri, and Ma'mar from az-Zuhri.

'Urwa ibn az-Zubayr and 'Amra related from 'A'isha that the Prophet, may Allah bless him and grant him peace, said, "The hand of a thief is cut off for stealing a quarter of a dinar."

'Amra bint 'Abdu'r-Rahman related from 'A'isha that the Prophet, may Allah bless him and grant him peace, said, "The hand is cut off for stealing a quarter of a dinar."

6408. 'Urwa related that 'A'isha told him that the hand of a thief was not cut off in the time of the Prophet, may Allah bless him and grant him peace, except for the value of a shield, whether a hajafa or turs.

[A hajafa is a shield made of wood or bone and covered in skin. A turs has skin on both sides.]

Another isnad from 'Urwa from 'A'isha.

6409. 'Urwa related that 'A'isha said, "The hand of a thief is not cut off for less than a hajafa or turs, each of which had a price."

Another mursal transmission from 'Urwa.

6410. 'Urwa related that 'A'isha said, "In the time of the Prophet, may Allah bless him and grant him peace, the hand of a thief was not cut off for less than the price of a shield, whether a hajafa or a turs. Each of them had a price.'"

6411. Nafi', the client of 'Abdullah ibn 'Umar, related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, cut off the hand for a shield worth three dirhams.

Muhammad ibn Ishaq corroborated it. Al-Layth said that Nafi' related its price.

6412. Nafi' related that Ibn 'Umar said, "The Prophet, may Allah bless him and grant him peace, cut off the hand for a shield whose price three dinars.

Nafi' related that 'Abdullah said, "The Prophet, may Allah bless him and grant him peace, cut off the hand of a thief for a shield whose price was three dirhams."

6413. Nafi' related that 'Abdullah ibn 'Umar said, "The Prophet, may Allah bless him and grant him peace, cut off the hand of a thief for a shield which was worth three dirhams."

6414. Abu Salih related that he heard Abu Hurayra say that the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah curses the thief who steals a helmet and has his hand cut off and steals a rope and has his hand cut off."

XIV. The repentance of the thief

6415. 'Urwa related from 'A'isha that the Prophet, may Allah bless him and grant him peace, cut off the hand of a woman. 'A'isha said, "She used to come after that and I would convey what she needed to the Prophet, may Allah bless him and grant him peace. She repented and her repentance was true."

6416. Abu Idris related that 'Ubada ibn as-Samit said, "I gave allegiance to the Messenger of Allah, may Allah bless him and grant him peace, in a group. He said, 'Give homage to me based on not associating anything with Allah, not stealing, not committing adultery, not killing your children, not making a false accusation of adultery which you forge yourselves and not being disobedient regarding anything good. Any among you who fulfil this will be rewarded by Allah. Any who fall short regarding any of these things and are punished in this world, that will be an expiation for them. Whoever falls short regarding any of these things and Allah conceals it, then it will be up to Allah. If He wishes, He will pardon him, and if He wishes, He will punish him."

Abu 'Abdullah said, "When a thief repents after his hand has been cut off, his testimony is accepted. That is the same if anyone who has received a hadd punishment: if he repents, his testimony is accepted."

90. Book of those of the People of Unbelief and Apostasy who wage war

The words of the Almighty, "The reprisal against those who wage war on Allah and His Messenger, and go about the earth corrupting it, is that they should be killed or crucified, or have their alternate hands and feet cut off, or be banished from the land." (5:33)

6417. Abu Qilaba al-Jarmi related that Anas said, "A group from 'Ukl came to the Prophet, may Allah bless him and grant him peace, and became Muslim. They disliked Madina and the Prophet, may Allah bless him and grant him peace, ordered them to go out to the zakat camels and drink their milk and urine. They did that and then regained their health. Then they apostatised and killed the herdsman and stole the camels. The Prophet sent [some people] in pursuit of them and they were brought and their hands and feet were cut off and their eyes gouged out and then they were not cauterised until they died."

I. The Prophet, may Allah bless him and grant him peace, did not cauterise the combatants of the apostates until they died

6418. Abu Qilaba related from Anas that the Prophet, may Allah bless him and grant him peace, cut off [the hands and feet} of the 'Uranis and then did not cauterise them until they died."

II. Not giving water to apostate combatants until they die

6419. Abu Qilaba related that Anas said, "A group of 'Ukl came to the Prophet, may Allah bless him and grant him peace, and they stayed in the Suffa. They disliked Madina snd they said, 'Messenger of Allah, get us some milk.' He said, 'I can see nothing else for you except to go to the camels of the Messenger of Allah.' They went to them and drank of their milk and urine until they were healthy and plump. Then they killed the herdsman and stole the camels.' Someone come to the Prophet, may Allah bless him and grant him peace, to ask for help and he sent men after them in pursuit. It was well into the day when they were brought and he ordered that iron bars be heated up and they were placed in their eyes, and their hands and feet were cut off and not cauterised. Then they were left at al-Harra. They asked for water, but were not given water until they died.

Abu Qilaba said, "They stole and killed and fought Allah and His Messenger."

III. The Prophet, may Allah bless him and grant him peace, branding the eyes of the combatants

6420. Abu Qilaba related from Anas ibn Malik that a group of 'Ukl or 'Urayna – but I only know that he said from 'Ukl – came to Madina and the Prophet, may Allah bless him and grant him peace, commanded some milk camels for them and told them to go out and drink their milk and urine. They drank it until they recovered and killed the herdsman and stole the camels. The Prophet, may Allah bless him and grant him peace, heard in the morning and sent men to pursue them. When it was well into the day, they were brought and he commanded that their hands and feet be cut off and their eyes branded. They were cast into al-Harra. They asked for water but were not given water."

Abu Qilaba said, "Those people stole, killed and disbelieved after having believed and fought Allah and His Messenger."

IV. The excellence of someone who abandons foul actions

6421. Hafs ibn 'Asim related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "There are seven whom Allah will shade with His shade on the Day of Rising when there is no shade but His shade: a just Imam, a youth who grows up worshipping Allah, a man who remembers Allah when he is alone and his eyes overflow with tears, a man whose heart is attached to the mosque, two men who love each other for the sake of Allah alone, a man who refuses the advances of a noble and beautiful woman, saying, 'I fear Allah', a man who gives sadaqa and a man conceals it so that his left hand does not know what his right hand gives."

6422. Abu Hazim related from Sahl ibn Sa'd as-Sa'idi that the Prophet, may Allah bless him and grant him peace, said, "If someone can guarantee for me what is between his legs and what is between his jaws, I will guarantee the Garden for him."

V. The sin of fornicators

The words of Allah Almighty, "who do not fornicate" (25:68) and "And do not go near to fornication. It is an indecent act, an evil way." (17:32)

6423. Qatada related that Anas said, "I will recount to you a hadith which no one after me will recount to you. I heard the Prophet, may Allah bless him and grant him peace, say, 'The Final Hour will npt come...' or 'One of the Signs of the Final Hour is that knowledge will be removed and ignorance will appear, wine will be drunk, and fornication will be open, and there will be few men and many women so that one man will look after fifty women.'"

6424. 'Ikrima related that Ibn 'Abbas said that the Messenger of Allah, may Allah bless him and grant him peace, said, "When the slave of Allah fornicates, he is not a believer when he fornicates; if he steals, he is not a believer when he steals. If he drinks wine, he is not a believer when he drinks. He does not murder when he is believer." 'Ikrima said, "I asked Ibn 'Abbas, 'How is faith removed from him?' He answered, 'Like this,' and he intertwined his fingers and then removed them. 'If he repents, it returns to him like that,' and he intertwined his fingers."

6425. Dhakwan related that Abu Hurayra said that the Prophet, may Allah bless him and grant him peace, said, "The fornicator does not commit fornication when he is a believer. Someone does not steal when he is a believer while he is believer. Someone who drinks wine does not drink wine while he is a believer. Repentance is open after that."

6426. Abu Maysara related that Prophet, may Allah bless him and grant him peace, said, "I asked, 'Messenger of Allah, what us the greatest sin?' He answered, 'That you appoint an equal to Allah when He created you.' I asked, 'Then what?' He answered, 'That you kill your child less he eat with you.' I asked, 'Then what?' He said, 'That you commit adultery with your neighbour's wife.'"

From Abu Wa'il from 'Abdullah. "I said, 'Messenger of Allah,' and the like of the hadith.

Abu Maysara related that he ['Abdu'r-Rahman ibn Mahdi] said, "Leave it! Leave it!" [i.e. this isnad]

VI. Stoning someone who is muhsan*

[*Muhsan: someone who has consummated a legal marriage]

Al-Hasan said, "If someone commits illicit sexual intercourse with his sister, his hadd punishment is the same as that of someone who fornicates."

6427. Ash-Sha'bi related that when 'Ali stoned a woman on Friday, he said, "I have stoned her according to the sunna of the Messenger of Allah, may Allah bless him and grant him peace."

6428. Khalid related that ash-Shaybani said, "I asked 'Abdullah ibn Abi Awfa, 'Did the Messenger of Allah, may Allah bless him and grant him peace, stone?' 'Yes,' he said, I asked, 'Before or after Surat an-Nur (24)?' He said, 'I do not know.'"

6429. Abu Salama ibn 'Abdu'r-Rahman related from Jabir ibn 'Abdullah al-Ansari that a man of Aslam came to the Messenger of Allah, may Allah bless him and grant him peace, and testified against himself four times and so the Messenger of Allah, may Allah bless him and grant him peace, commanded that he be stoned. He was a muhsan."

VII. A man or woman who is insane is not stoned

'Ali said to 'Umar. "Do you not know that the pen is lifted from the mad person until he recovers and from a child until he becomes an adult and from the sleeper until he wakes up?"

6430. Abu Salama and Sa'id ibn al-Musayyab related that Abu Hurayra said, "A man came to the Prophet, may Allah bless him and grant him peace, while he was in the mosque. He called him, saying, 'Messenger of Allah! I have committed fornication.' He turned away from him, but the man repeated it four times. When he had testified against himself four times, the Prophet, may Allah bless him and grant him peace, called him and asked, 'Are you mad?' 'No,' he answered. He said, 'Are you a muhsan?' 'Yes,' he answered. The Prophet, may Allah bless him and grant him peace, said, 'Take him and stone him.'"

Ibn Shihab said, "I was told by someone who heard Jabir ibn 'Abdullah say, 'I was one of those who stoned him. We stoned him at the place of prayer. When the edges of the stones hurt him, he fled. We caught up to him at al-Harra, and stoned him."

VIII. "The adulterer has stones"

6431. 'Urwa related that 'A'isha said, "Sa'd and Ibn Zam'a quarrelled (over the paternity of a child). The Prophet, may Allah bless him and grant him peace,  said, 'He is yours, Ibn Zam'a. The child belongs to the best. Veil yourself from him Sawda.'" Qutayba added from al-Layth, "The adulterer has stones."

6432. Muhammad ibn Ziyad said, "I heard Abu Hurayra say that the Prophet, may Allah bless him and grant him peace, said, 'The child belongs to the bed and the adulterer has stones.'"

IX. Stoning in the paved area beside the mosque

6433. 'Abdullah ibn Dinar related that Ibn 'Umar said, " A Jewish man and woman who had committed fornication were brought to the Messenger of Allah, may Allah bless him and grant him peace. He asked them, 'What do you find in your Book?' They answered, 'Our rabbis have introduced blackening the faces and being made to ride backwards [on donkeys].' 'Abdullah ibn Salam said, 'Messenger of Allah, have them bring the Torah!' It was brought and one of them put his hand over the verse of stoning and they began to read what was before and after it. Ibn Salam said to him, 'Remove your hand.' There was the verse of stoning under his hand. So the Messenger of Allah, may Allah bless him and grant him peace, commanded that they be stoned, and they were stoned."

Ibn 'Umar said. "They were stoned in paved area and I saw the Jewish man shielding her."

X. Stoning in the Musalla (Prayer area outside the mosque)

6434. Abu Salama related from Jabir that a man of Aslam came to the Prophet, may Allah bless him and grant him peace, and confessed to fornication. The Prophet, may Allah bless him and grant him peace, turned away from him until he had testified against himself four times. The Prophet asked him, 'Are you mad?' 'No,' he answered. He said, 'Are you a muhsan?' 'Yes,' he answered, and so he commanded that he be stoned in the place of prayer. When the edges of stones hurt him, he fled and was caught and stoned until he died. The Prophet. may Allah bless him and grant him peace, spoke well of him and prayed over him.

Yunus and Ibn Jurayj did not report that az-Zuhri said, "Prayed over him."

'Abdullah was asked, "Are his words, 'prayed over him' sound or not?" He answered, "Ma'mar related it." He was asked, "Did other than Ma'mar relate it?' "No,' he answered.

XI. The one who commits a wrong action which is less than that which entails a hadd punishment and then informs the ruler, there is no punishment inflicted on him after repentance if he comes to ask for a verdict

'Ata' said, "The Prophet, may Allah bless him and grant him peace, did not punish him."

Ibn Jurayj said, "He did not punish the one who had sexual intercourse in Ramadan."

'Umar did not punish the one who hunted the gazelle."

Abu 'Uthman reported it from Ibn Mas'ud from the Prophet, may Allah bless him and grant him peace.

6435. Humayd ibn 'Abdu'r-Rahman reported from Abu Hurayra: "A man had intercourse with his wife in Ramadan and asked the Messenger of Allah, Messenger of Allah for a verdict about that. He said, 'Can you free a slave?' 'No,' he answered. He asked, 'Are you able to fast two months?' 'No,' he answered. He said, 'Then feed sixty poor people.'"

6436. 'Abbas ibn 'Abdullah ibn az-Zubayr related from 'A'isha that a man came to the Prophet. may Allah bless him and grant him peace, in the mosque and said, "I am burned!" He asked, "On account of what?" He said, "I had sex with my wife in Ramadan." He told him, "Give sadaqa." He said, "I have nothing." He sat down. Then a man came driving a donkey with food on it to the Prophet, may Allah bless him and grant him peace. ('Abdu'r-Rahman said, 'I do not know what sort of food it was.") He said, 'Where is the burnt person?" He answered, "Here I am." He said, "Take this and give it as sadaqa." He asked, "To someone poorer than I? My family has no food." He said, "Feed it to them."

XII. If someone admits to a hadd and does not make it clear, can the ruler excuse him?

6437. Ishaq ibn 'Abdullah ibn Talha related that Anas ibn Malik said, "I was with the Prophet, may Allah bless him and grant him peace, when a man came to him and said, 'Messenger of Allah, I have committed a hadd, so carry it out on me.' He did not ask him about it. The time for the prayer came and he prayed with the Prophet, may Allah bless him and grant him peace. When the Prophet, may Allah bless him and grant him peace, finished his prayer, the man went to him and said again, 'Messenger of Allah, I have committed a hadd, so carry out the Book of Allah on me.' He said, 'Did you not pray with us?' 'Yes,' he answered. He said, 'Allah has forgiven you your wrong action,' or 'your hadd.'"

XIII. Can a ruler say to someone who confesses, "Perhaps you have only touched or winked?"

6438. 'Ikrima related that Ibn 'Abbas said, "When Ma'iz ibn Malik came to the Prophet, may Allah bless him and grant him peace, he said to him, "Perhaps you kissed or winked or looked?" "No, Messenger of Allah," he answered. He said, "Did you have intercourse with her?" using no euphemism. He said, "Then he ordered that he be stoned."

XIV. The ruler asking the person who confesses, "Are you a muhsan?"

6439. Ibn al-Musayyab and Abu Salama related that Abu Hurayra said, "A man from the people came to the Messenger of Allah, may Allah bless him and grant him peace, while he was in the mosque. He called him, 'Messenger of Allah, I have committed adultery.' The Prophet, may Allah bless him and grant him peace, turned away from him. The man came to the side to which the Prophet, may Allah bless him and grant him peace, turned his face and said, 'Messenger of Allah, I have committed adultery.' The Prophet, may Allah bless him and grant him peace, turned away from him. The man came to the side to which the Prophet, may Allah bless him and grant him peace, turned his face. When he had testified against himself four times, the Prophet, may Allah bless him and grant him peace, called him and said, 'Are you mad?' He said, 'No, Messenger of Allah.' He said, 'Are you a muhsan?' He answered. 'Yes, Messenger of Allah.' He said, 'Take him and stone him.'"

Ibn Shihab said, "Someone who heard Jabir told me, 'I was one of those stoned him. We stoned him in the prayer place. When the edges of the stones hurt him, he ran until we caught him at al-Harra and stoned him.'"

XV. Confessing to illicit sex

6440. 'Ubaydullah reported that he heard Abu Hurayra and Zayd ibn Khalid say, "We were with the Messenger of Allah, may Allah bless him and grant him peace, when a man stood up and said, 'I ask you by Allah to judge between us according to the Book of Allah!' His opponent, who had more understanding than him, stood and said, 'Judge between us by the Book of Allah and give me leave to speak.' 'Speak,' he said. He said, "My son is a labourer for this man and he committed fornication with his wife. I ransomed my son with a hundred sheep and a slave-girl of mine. Then I asked the people of knowledge and they told me that my son must receive a hundred lashes and be exiled for a year and that his wife should be stoned.' The Prophet, may Allah bless him and grant him peace, said, "By the One who has my soul in His hand, I will judge between the two of you by the Book of Allah. Exalted is His renown. The sheep and servant must be returned and your son will receive a hundred lashes and be exiled for a year. Unays, go to the wife of this man and if she confesses, stone her.' He went to her and confessed and he stoned her.

I said to Sufyan, "He did not say, 'They told me that my son was to be stoned'?" He said, "I am unsure about that from az-Zuhri. Sometimes I say it and sometimes I am silent about it."

6441. 'Ubaydullah related that Ibn 'Abbas said, "'Umar said, 'I fear that after a long time has passed some people may say, "We do not find stoning in the Book of Allah" and they will go astray by abandoning an obligation which Allah has revealed. Stoning is the duty to be imposed on someone who fornicates when he is muhsan and the proof is established, or there is pregnancy or confession.'" Sufyan said, "That is how I remember it. "The Messenger of Allah, may Allah bless him and grant him peace, stoned and we stoned after him."

XVI. Stoning a pregnant woman for adultery when she is a muhsana

6442. Ibn 'Abbas said, "I used to teach Qur'an to some men of the Muhajirun, including 'Abdu'r-Rahman ibn 'Awf. While I was in his house at Mina and he was 'Umar ibn al-Khattab in 'Umar's last hajj, 'Abdu'r-Rahman then returned to me and said, 'Would that you had seen the man who came to the Amir al-Mu'minin today! He said, "Amir al-Mu'minin, What do you say about so-and-so? He says, 'If 'Umar were to die, I would give my allegiance to so-and-so. By Allah, the allegiance given to Abu Bakr was only a sudden impulse which was carried through.'" 'Umar became angry and then said, 'Allah willing, I will stand this evening among the people and warn them about those who want to usurp their affairs."

"'Abdu'r-Rahman said, 'I said, "Amir al-Mu'minin, do not do it. The Hajj festival brings the riffraff and base people. They are those who will keep others from being near you when you stand up among the people. I fear that if you stand and say something, it will be spread in all directions from you and not preserved properly and they will misreport it. Wait until you reach Madina. It is the Abode of the Hijra and the Sunna. You will be among the people of fiqh and the nobles of the people and you can what you say with firmness and the people of knowledge will understand what you say and put it in its proper place." Umar said, "By Allah, Allah willing, I will do that as the first thing I undertake in Madina!"

"Ibn 'Abbas said, "We reached Madina at the end of Dhu'l-Hijja. When Friday came, I went quickly when the sun started to decline and found Sa'id ibn ibn Zayd ibn 'Amr ibn Nufayl sitting at the corner of minbar and I sat down near him so that my knee was touching his. It was not long before 'Umar ibn al-Khattab came out. When I saw him coming, I said to Sa'id ibn Zayd ibn 'Amr ibn Nufayl, "Today he will say something which he had never said since he became khalif.' Sa'id objected and said, 'I do not think that he will say something which he has not said before!'

'Umar sat on the minbar and when the mu'adhdhins were silent, he stood up and praised Allah as He deserves. Then he said, 'Following on from that, I am going to tell you something Allah has decreed that I say. I do not know. Perhaps it comes before my time of death. Whoever understands it and retains it, should narrate it wherever his mount takes him. If someone fears that he will not understand it, then it is not lawful for anyone to tell lies about me. Allah sent Muhammad, may Allah bless him and grant him peace, with the truth and sent down the Book to him. Part of what Allah revealed was the Ayat of stoning, and we recited it, understood it and retained it. The Messenger of Allah, may Allah bless him and grant him peace, stoned and we stoned after him. I fear that after a long time has passed for people someone will say, "By Allah, we do not find the Ayat of Stoning in the Book of Allah," and so they will go astray by abandoning an obligation which Allah revealed. Stoning in the Book of Allah is a duty against someone who fornicates when he is a muhsan, be it a man or woman, when the evidence is established or there is pregnancy or  confession. Then we used to recite as part of the Book of Allah, "Do not disavow your fathers. It is unbelief for you to disavow your fathers (or it is unbelief on your part to disavow your fathers.)" Then the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not praise me excessively as 'Isa ibn Maryam was praised. Say, 'the slave of Allah and His Messenger.'" Now I have been informed that one of you says, "By Allah, if 'Umar were to die, I would give allegiance to so-and-so." One should not deceive himself by saying that the allegiance to Abu Bakr was a sudden impulse which was carried through. It was like that, but Allah protected people from its evil. There is none of you who possesses anything like the excellence of Abu Bakr. If anyone gives allegiance to a man without consulting the Muslims, neither him not the one he follows are followed, lest they expose themselves to the risk of being killed.

"'Part of what happened to us is that when Allah took His Prophet, may Allah bless him and grant him peace, the Ansar disagreed with us and all of them gathered in the veranda of the Banu Sa'ida. 'Ali and az-Zubayr and those with them disagreed with us. The Muhajirun gathered to Abu Bakr. I said to Abu Bakr, "Abu Bakr, let us go to these brothers of ours among the Ansar.' We went to them. When we drew near them, we meet two righteous men from among them.* They mentioned to us what the people had agreed upon. They asked, 'Where are you going, company of the Muhajirun?' We answered, 'We are going to these brothers of ours from the Ansar." They said, "You should not go out near. Carry out your business.' I said, 'By Allah, we will go to them.' We went until we reached them in the veranda of the Banu Sa'ida. There was a man sitting among them wrapped up in a garment. I asked, 'Who is this?' 'It is Sa'd ibn 'Ubada,' they answered. I asked, 'What is wrong with him?' 'He has a fever,' they answered.

"'After we had been seated for a short time, their orator** said the shahada and then praised Allah as He should be praised. Then he said, "Following on from that. We are the Ansar of Allah and the Army?of Islam. You, company of the Muhajirun, are a small group. A few of your people have come who desire to cut us from command and keep us from authority."

"'When he was silent. I wanted to speak as I prepared some words which I liked and wanted to present in front of Abu Bakr. I used to avoid provoking his sharpness. When I wanted to speak, Abu Bakr said, "Wait." I did not like to anger him. Abu Bakr spoke, and he was more temperate and graver than me. By Allah, he did not omit a word which I liked in what I had prepared but that he said the like of it extemporaneously, or better than it.'

"'When the speaker was silent, he [Abu Bakr] said, "All the good which you have mentioned you deserve, but this command is only for this clan of the Quraysh. They are the best of the Arabs in lineage and abode. I am pleased that you take one of these two men and give allegiance to whichever of them you wish.'"He took my hand and the hand of Abu 'Ubayda ibn al-Jarrah who was sitting with us. I did not dislike anything that he had said but that. By Allah, I would have preferred to have been brought to have my head chopped off in expiation for a sin than to be given command over a people who included Abu Bakr, O Allah, unless my soul makes something seem attractive to me at my death which I do not feel now.'

"'One of the Ansar said, "I am the stump on which the camel with the itch rubs itself [i.e. knowledgeable in matters of authority] and it is a noble lofty palm. There should be a ruler from us and a ruler from you, Company of Quraysh."

"'There was an uproar and voices were raised until I feared that there would be disagreement, and so I said, 'Abu Bakr! Stretch forth your hand!' He stretched forth his hand and I gave him allegiance. The Muhajirun gave him allegiance and then the Ansar gave him allegiance. We overcame Sa'd ibn 'Ubada. One of them said, 'You have killed Sa'd ibn 'Ubada.' I said, 'Allah has killed Sa'd ibn 'Ubada.'"

'Umar said, "By Allah, we found in the matter which happened to us, nothing stronger than the allegiance given to Abu Bakr because we feared that if we left the people without an allegiance, they would give allegiance after us to one of them and then we would given allegiance to that which was not pleasing to us or we would have opposed and there would have been unrest. If anyone gives allegiance to man without consulting the Muslims, he is not followed nor is the one to whom he gave allegiance, lest they expose themselves to the risk of being killed.'"

[*'Uwaym ibn Sa'ida and Ma'n ibn 'Adi.

** Thabit ibn Qays ibn Shammas]

XVII. Virgins are flogged and exiled

"A woman and a man who commit fornication: flog both of them with one hundred lashes and do not let compassion for either of them possess you where Allah's deen is concerned, if you believe in Allah and the Last Day. A number of believers should witness their punishment. A man who has fornicated may only marry a woman who has fornicated or a woman of the idolators. A woman who has fornicated may only marry a man who has fornicated or a man of the idolators. Doing such a thing is unlawful for the believers." (24:2-3)

Ibn 'Uyayna said, "That is compassion in respect of carrying out the hadd punishment."

6443. Zayd ibn Khalid al-Juhani said, "I heard the Prophet, may Allah bless him and grant him peace, command that if someone committed fornication and was not a muhsan, he should be given a hundred lashes and exiled for a year."

Ibn Shihab said that 'Urwa ibn az-Zubayr reported to him that 'Umar ibn al-Khattab exiled, and that then continued to be the sunna.

6444. Sa'id ibn al-Musayyab related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, decided that someone who committed fornication and was not a muhsan would be exiled for a year and the hadd-punishment carried out on him.

XVIII. Exiling people who commit acts of disobedience and effeminate men

6445. 'Ikrima related that Ibn 'Abbas said, "The Prophet, may Allah bless him and grant him peace, cursed effeminate men and women who resemble men. He said, 'Expel them from your houses.' He turned out so-and-so, and 'Umar exiled so-and-so."

XIX. The one who commanded other than the ruler to carry out the hadd in the absence of the ruler

6446. 'Ubaydullah related from Abu Hurayra and Zayd ibn Khalid that one of the desert Arabs came to the Prophet, may Allah bless him and grant him peace, who was sitting down. He said, "Messenger of Allah, judge by the Book of Allah!" His opponent rose and said, "He spoke the truth. Judge for him by the book of Allah. My son was a labourer for this man and he committed fornication with his wife. They told me that my son should be stoned and then I ransomed him with a hundred sheep and a slave-girl. Then I asked the people of knowledge and they stated that my son should receive a hundred lashes and be exiled for a year." The Prophet said, "By the One who has my soul in His hand, I will judge between the two of you by the Book of Allah. The sheep and slavegirl must be returned to you and your son will receive a hundred lashes and be exiled for a year. Unays, go to the wife of this man and stone her." Unays went and stoned her.

XX. The words of Allah

"If any of you do not have the means to marry free women who are believers, you may marry slavegirls who are believers. Allah knows best about your faith; you are all the same in that respect. Marry them with their owners' permission and give them their dowries correctly and courteously as married women, not in fornication or taking them as lovers. When they are married, if they commit fornication they should receive half the punishment of free women. This is for those of you who are afraid of committing fornication. But being patient is better for you. Allah is Ever-Forgiving, Most Merciful." (4:25)

"Ghayra musafihat" is in fornication and "la muttakhidhat akhdan" means lovers.

XXI. When a slavegirl fornicates

6447. 'Ubaydullah ibn 'Abdullah ibn 'Utba related from Abu Hurayra and Zayd ibn Khalid that the Messenger of Allah, may Allah bless him and grant him peace, was asked about a slavegirl who committed fornication and was not a muhsan. He said, 'When she fornicates, flog her. If she fornicates again, flog her.' Then if she fornicates again, flog her and then sell her, even for a rope of hair.'"

Ibn Shihab said, "I do not know whether it was after the third or the fourth time."

XXII. A slavegirl is not harshly blamed or exiled if she fornicates

6448. Abu Hurayra was heard to say that the Prophet, may Allah bless him and grant him peace, said, "If a slavegirl commits fornication and it is clear that she has done so, then flog her but do not reproach her. Then if she fornicates, flog her and do not blame her. Then if she fornicates a third time, flog and sell her, even for a hair rope.'"

Isma'il ibn Umayyad corroborated it from Sa'id from Abu Hurayra from the Prophet, may Allah bless him and grant him peace.

XXIII The rulings for people of dhimma and those who are muhsan when they fornicate and are brought before the ruler

6449. Ash-Shaybani related, "I asked 'Abdullah ibn Abi Awfa about stoning and he answered, 'The Messenger of Allah, may Allah bless him and grant him peace, stoned.' I asked, 'Before Surat an-Nur (24) or after it?' He answered, 'I do not know.'"

It is corroborated from Ash-Shaybani.

One of them said "Surat al-Ma'ida", but the first is sounder.

6450. Nafi' related that 'Abdullah ibn 'Umar said, "The Jews went to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned to him that one of them men and women had committed adultery. The Messenger of Allah, may Allah bless him and grant him peace, said to them. 'What do you find in the Torah about stoning?' They answered, 'We only disgrace and flog them.' 'Abdullah ibn Salam said, 'You have lied! Stoning is in it.' They brought the Torah and unrolled it. One of them placed his hand over the Ayat of  Stoning and read what was before and after it. 'Abdullah ibn Salam said to them, 'Remove you hand.' He removed his hand and there was the Ayat of Stoning. They said, 'He spoke the truth . It contains the Ayat of Stoning.' The Messenger of Allah, may Allah bless him and grant him peace, commanded that they be stoned and they were. I saw the man bending over the woman to protect her from the stones."

XXIV. If someone accuses his wife or the wife of another of adultery in the presence of the ruler and the people, should the ruler send for her and ask her about the accusation made about her?

6451. 'Utba ibn Mas'ud related that Abu Hurayra and Zayd ibn Khalid reported that two men took a dispute it the Messenger of Allah, may Allah bless him and grant him peace, and one of them said, 'Judge between us by the Book of Allah." The other, who had more understanding than him, said, 'Yes, judge between us by the Book of Allah, Messenger of Allah, and give me leave to speak.' 'Speak,' he said. He said, "My son was a labourer for this man (Malik said that 'asif means labourer) and he committed fornication with his wife. They told me that my son should be stoned and so I ransomed him with a hundred sheep and a slave-girl of mine. Then I asked the people of knowledge and they told me that my son must receive a hundred lashes and be exiled for a year and that his wife should be stoned.' The Messenger of Allah, may Allah bless him and grant him peace, said, "By the One who has my soul in His hand, I will judge between the two of you by the Book of Allah. The sheep and slavegirl must be returned to you." His on received a hundred lashes and was exiled for a year. He commanded Unays al-Aslami to go to the wife of the other man. [He said,] "If she confesses, stone her." She confessed and he stoned her.

XXV. The one who teaches (or disciplines (addaba)) his family or others without the ruler

Abu Sa'id said that the Prophet, may Allah bless him and grant him peace, said, "If someone is praying and someone wants to walk in front of him, he should push him away. If he insists, then fight him." Abu Sa'id did that.

6452. Al-Qasim related that 'A'isha said, "Abu Bakr came to me while the Messenger of Allah, may Allah bless him and grant him peace, had his head on my thigh. He said, 'You have detained the Messenger of Allah, may Allah bless him and grant him peace, and the people when there is no water here!' He rebuked me and began to poke my sides with his hand. Nothing kept me from moving but the position of the Prophet, may Allah bless him and grant him peace. Then Allah revealed the Ayat of Tayammum."

6453. Al-Qasim related that 'A'isha said, "Abu Bakr came and hit me hard with his fist. He said, 'You have kept the people back on account of a necklace!' I remained like a dead person because of the position of the Messenger of Allah, may Allah bless him and grant him peace, even though he hurt me."

Lazaka and wakaza mean the same.

XXVI. If someone sees his wife with another man and then kills him

6454. Warrad, the scribe of al-Mughira related that al-Mughira said, "Sa'd ibn 'Ubada said, 'If I were to see a man with my wife, I would strike him with the sharp side of my sword.' The Prophet, may Allah bless him and grant him peace, heard about that and said, 'Do you wonder at Sa'd's jealousy? I have more jealousy than him and Allah has more jealousy than him.*'"

[*In respect of acts of disobedience against Allah.]

XXVII. What has come about allusion

6455. Sa'id ibn al-Musayyab related from Abu Hurayra that a desert Arab came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah, my wife has given birth to a black boy." He asked, 'Do you have camels?' 'Yes," he answered. He asked, "What colour are they?" He answered, "Red." He said, "Are there any grey ones?" "Yes," he answered. He asked, "Where did that come from?" He answered, "I think that it is a throwback in the bloodline." He said, "Perhaps this son of yours is a throwback."

XXVIII. How severe can discretionary punishment (ta'zir) and discipline be?

6456. 'Abdu'r-Rahman ibn Jabir ibn 'Abdullah related that Abu Burda said, "The Prophet, may Allah bless him and grant him peace, used to say, 'No one should be give more than ten lashes except for one of the hadd punishments of Allah.'"

6457. 'Abdu'r-Rahman ibn Jabir related from those who heard the Prophet, may Allah bless him and grant him peace, say, "There is no punishment in excess of ten lashes except for one of the hadd punishments of Allah."

6458. Abu Burda al-Ansari was heard to say, "I heard the Prophet, may Allah bless him and grant him peace, say, 'Do not inflict more than ten lashes except for one of the hadd punishments of Allah.'"

6459. Abu Salama related that Abu Hurayra said, "The Prophet, may Allah bless him and grant him peace, forbade continuous fasting. Some Muslim men said to him, 'But you fast continuously, Messenger of Allah!' The Messenger of Allah, may Allah bless him and grant him peace, said, "Which of you is like me? IMy Lord feeds me and gives me to drink at night.' When they refused to stop continuously fasting, then he did that with them for a day and then the next day. Then they saw the crescent moon and he said, 'If it had been delayed, I would have made you fast another day,' as if he wanted to make an exemplary punishment of them when they refused [to stop].'"

Shu'ayb, Yahya ibn Sa'id and Yunus corroborated it from az-Zuhri.

The same from Sa'id from Abu Hurayra from the Prophet, may Allah bless him and grant him peace.

6460. Salim related from 'Abdullah ibn 'Umar that in the time of the Messenger of Allah, may Allah bless him and grant him peace, they used to beat people who bought food without it being measured or weighed when they re-sold it at the same place without taking it back to their homes..

6461. 'Urwa related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, did not take revenge for himself in anything that was brought to him, unless the sanctity of Allah was violated, in which case he would take revenge for Allah."

XXIX. The one who openly displays lewd behaviour, accusing someone of something evil, and suspicion without evidence

6462. Az-Zuhri related that Sahl ibn Sa'd said, "I was present in the case of a li'an* when I was fifteen. The Prophet separated the couple and the husband said, 'If I were to keep her I would be lying about it.'"

[*Li'an: mutual cursing, a form of divorce where the husband accuses the wife of adultery and they each swear oaths that they are telling the truth.]

He said, "I recalled from az-Zuhri, 'If she brings such-and-such a child, it is as he says. If she brings such-and-such, like the wahra lizard (white with reddish spots), it is his.'"

I heard az-Zuhri say, "She brought that which he disliked."

6463. Al-Qasim ibn Muhammad said, "Ibn 'Abbas mentioned a couple who carried out a li'an. 'Abdullah ibn Shaddad said, 'Is it the woman about whom he said, "if I were to stone a woman without proof..."?' 'No,' he answered, 'She was someone who acted openly.'"

6464. Al-Qasim ibn Muhammad related from Ibn 'Abbas: "The li'an was mentioned in the presence of the Prophet, may Allah bless him and grant him peace. 'Asim ibn 'Adi said something about that and then left. A man from his people had come to him complaining that he had found a man with his wife. 'Asim said, 'I have only put tried by this because of what I said!' He took the man to the Prophet, may Allah bless him and grant him peace, and the man told him about the man with whom he had found his wife. That man was a pale, thin, with straight hair, and the whom he claimed that he had found his wife with was brown with fat calves and forearms and very corpulent. The Prophet* said, "O Allah, make it clear!" She gave birth to man who resembled the man whom the husband mentioned he had found her with and so the Prophet, may Allah bless him and grant him peace, separated them by the li'an. A man said to Ibn 'Abbas in the gathering, "Was that the woman about whom the Prophet, may Allah bless him and grant him peace, said, 'If I had stoned anyone without proof, I would have stoned this woman'?" "No," he answered. "That was a woman who used to openly display evil although she was Muslim."

XXX. Accusing women who are muhsan

"But those who make accusations against chaste women and then do not produce four witnesses: flog them with eighty lashes and never again accept them as witnesses. Such people are deviators – except for those who after that make tawba and put things right. Allah is Ever-Forgiving, Most Merciful." (24:4-5)

"Those who accuse women who are chaste, but who are careless and are believers, are cursed both in this world and the Next World, and they will have a terrible punishment." (24:23)

He said, "Those who make an accusation against their wives" (24:6) "and then do not produce" (24:4).

6465. Abu'l-Ghayth related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Avoid the seven deadly sins." They asked, "Messenger of Allah, what are they?" He said, "Associating others with Allah, magic, killing the self whom Allah has has forbidden except by a right, consuming usury, consuming the property of the orphan, retreat from the press of battle, and slandering indiscreet chaste women."

XXXI. Slandering slaves (accusing them of illicit sex)

6466. Ibn Abi Nu'm related that Abu Hurayra said, "I heard Abu'l-Qasim, may Allah bless him and grant him peace, say, 'If someone slanders his slave and the slave is innocent of what he says, the accuser will be flogged on the Day of Rising unless he is as he said.'"

XXXII. Can a ruler command someone to impose the hadd when he is absent from that?

'Umar did that. [He wrote to one of his governors to do that.]

6467. 'Ubaydullah ibn 'Abdullah ibn 'Utba related that Abu Hurayra and Zayd ibn Khalid al-Juhani said, "A man came to the Prophet, may Allah bless him and grant him peace, and said, "I ask you by Allah to judge between us by the Book of Allah.' His opponent, who had more understanding than him, said, 'He spoke the truth. Judge between us by the Book of Allah and give me leave to speak.' The Prophet, may Allah bless him and grant him peace, said, 'Speak.' He said, "My son was a labourer for this man and he committed fornication with his wife. I ransomed him with a hundred sheep and a slave. Then I asked some men of the people of knowledge and they informed me that my son must receive a hundred lashes and be exiled for a year and that the wife of this man should be stoned.' He said, 'By the One who has my soul in His hand, I will judge between the two of you by the Book of Allah. The hundred and slave must be returned to you. Your son will receive a hundred lashes and be exiled for a year. Unays, go to the wife of this man and question her. If she confesses, then stone her.' She confessed and he stoned her.

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