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 Book Eighty Two – The Book on Punishment of Disbelievers at War with Allah and His Messenger (Sallallahu Alayhi wa Sallam)

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As Salamu Alaikum

Bismillah

Book Eighty Two – The Book on Punishment of Disbelievers at War with Allah and His Messenger (Sallallahu Alayhi wa Sallam)



Hadith Number 794.

Narrated by Anas (Radhi Allahu Anhu): Some people from the tribe of 'Ukl came to the Prophet (Sallallahu Alayhi wa Sallam) and embraced Islam. The climate of Al-Madinah did not suit them, so the Prophet (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) sent (some people) in their pursuit and so they were (caught and) brought, and the Prophet (Sallallahu Alayhi wa Sallam)s 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.


Hadith Number 795.

Narrated by Anas (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) 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.


Hadith Number 796.

Narrated by Anas (Radhi Allahu Anhu): A group of people from 'Ukl (tribe) came to the Prophet (Sallallahu Alayhi wa Sallam) and they were living with the people of As-Suffa, but they became ill as the climate of Al-Madinah did not suit them, so they said, "O Allah's Messenger! Provide us with milk." The Prophet (Sallallahu Alayhi wa Sallam) said, I see no other way for you than to use the camels of Allah's Messenger (Sallallahu Alayhi wa Sallam)." 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 (Sallallahu Alayhi wa Sallam), he sent some men in their pursuit, and they were captured and brought before mid day. The Prophet (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam)."


Hadith Number 797.

Narrated by Anas bin Malik (Radhi Allahu Anhu): A group of people from 'Ukl (or 'Uraina) tribe... but I think he said that they were from 'Ukl came to Al-Madinah and (they became ill, so) the Prophet (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) early in the morning, so he sent (some) men in their pursuit and they were captured and brought to the Prophet (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam)").


Hadith Number 798.

Narrated by Abu Hurairah (Radhi Allahu Anhu) (*) : The Prophet (Sallallahu Alayhi wa Sallam) 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 Masajid (offers his compulsory congregational prayers in the Masjid), 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."

* See Hadith 629 Book 11.


Hadith Number 799.

Narrated by Sahl bin Sa'd (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) 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."



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As Salamu Alaikum


Hadith Number 800A.

Narrated by Anas (Radhi Allahu Anhu): I will narrate to you a narration which nobody will narrate to you after me. I heard that from the Prophet (Sallallahu Alayhi wa Sallam). I heard the Prophet (Sallallahu Alayhi wa Sallam) 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."


Hadith Number 800B.

Narrated by 'Ikrima from Ibn 'Abbas (Radhi Allahu Anhuma): Allah's Messenger (Sallallahu Alayhi wa Sallam) 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.


Hadith Number 801.

Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) 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."


Hadith Number 802.

Narrated by 'Abdullah bin Mas'ud (Radhi Allahu Anhu): I said, "O Allah's Messenger! 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."


Hadith Number 803.

Narrated by Ash-Sha'bi: From 'Ali (Radhi Allahu Anhu) when the latter stoned a lady to death on a Friday. 'Ali (Radhi Allahu Anhu) said, "I have stoned her according to the tradition of Allah's Messenger (Sallallahu Alayhi wa Sallam)."


Hadith Number 804.

Narrated by Ash Shaibani: I asked 'Abdullah bin Abi Aufa (Radhi Allahu Anhuma), 'Did Allah's Messenger (Sallallahu Alayhi wa Sallam) carry out the Rajam penalty (i.e. stoning to death)?' He said, "Yes." I said, "Before the revelation of Surah An-Nur or after it?" He replied, "I don't Know."


Hadith Number 805.

Narrated by Jabir bin Abdullah Al-Ansari (Radhi Allahu Anhuma): A man from the tribe of Bani Aslam came to Allah's Messenger (Sallallahu Alayhi wa Sallam) and informed him that he had committed illegal sexual intercourse and bore witness four times against himself. Allah's Messenger (Sallallahu Alayhi wa Sallam) ordered him to be stoned to death as he was a married person.


Hadith Number 806.

Narrated by Abu Hurairah (Radhi Allahu Anhu): A man came to Allah's Messenger (Sallallahu Alayhi wa Sallam) while he was in the Masjid, and he called him, saying, "O Allah's Messenger! I have committed illegal sexual intercourse.'" The Prophet (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) called him, saying, "Are you mad?" The man said, "No." The Prophet (Sallallahu Alayhi wa Sallam) said, "Are you married?" The man said, "Yes." Then the Prophet (Sallallahu Alayhi wa Sallam) said, 'Take him away and stone him to death." Jabir bin 'Abdullah (Radhi Allahu Anhu) 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.


Hadith Number 807.

Narrated by 'Aishah (Radhi Allahu Anha): Sa'd bin Abi Waqqas and 'Abd bin Zam'a quarrelled with each other (regarding a child). The Prophet (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) also said, "And the stone is for the person who commits an illegal sexual intercourse."


Hadith Number 808.

Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "The boy is for (the owner of) the bed and the stone is for the person who commits illegal sexual intercourse."


Hadith Number 809.

Narrated by Ibn 'Umar (Radhi Allahu Anhuma): A Jew and a Jewess were brought to Allah's Messenger (Sallallahu Alayhi wa Sallam) on a charge of committing an illegal sexual intercourse. The Prophet (Sallallahu Alayhi wa Sallam) asked them. "What is the legal punishment (for this sin) in your Book (Taurat)?" They replied, "Our priests have innovated the punishment of blackening the faces with charcoal and Tajbiya. "(*) 'Abdullah bin Salam (Radhi Allahu Anhu) said, "O Allah's Messenger, tell them to bring the Taurat." The Taurat 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 (Sallallahu Alayhi wa Sallam) 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.

* Tajbiya means that the person (male and female) committing illegal sexual intercourse are mounted on a donkey with their faces in opposite directions, and then they are mortified in public.



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As Salamu Alaikum


Hadith Number 810.

Narrated by Jabir (Radhi Allahu Anhu): A man from the tribe of Aslam came to the Prophet (Sallallahu Alayhi wa Sallam) and confessed that he had committed an illegal sexual intercourse. The Prophet (Sallallahu Alayhi wa Sallam) turned his face away from him till the man bore witness against himself four times. The Prophet (Sallallahu Alayhi wa Sallam) said to him, "Are you mad?" He said "No." He said, "Are you married?" He said, "Yes." Then the Prophet (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) spoke well of him and offered his funeral prayer.


Hadith Number 811A.

Narrated by Abu Hurairah (Radhi Allahu 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 (Sallallahu Alayhi wa Sallam) seeking his verdict concerning that action. The Prophet (Sallallahu Alayhi wa Sallam) said (to him), "Can you afford to manumit a slave?" The man said, "No." The Prophet (Sallallahu Alayhi wa Sallam) said, "Can you fast for two successive months?" He said, "No." The Prophet (Sallallahu Alayhi wa Sallam) said, "Then feed sixty poor persons."


Hadith Number 811B.

Narrated by 'Aishah (Radhi Allahu Anha): A man came to the Prophet (Sallallahu Alayhi wa Sallam) in the Masjid and said, "I am burnt (ruined)!" The Prophet (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam). (The sub-narrator, 'Abdur Rahman added: I do not know what kind of food it was). On that the Prophet (Sallallahu Alayhi wa Sallam) said, "Where is the burnt person?" The man said, "Here I am." The Prophet (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) said to him, "Then eat it yourselves."


Hadith Number 812.

Narrated by Anas bin Malik (Radhi Allahu Anhu): While I was with the Prophet (Sallallahu Alayhi wa Sallam) a man came and said, "O Allah's Messenger! I have committed a legally punishable sin; please inflict the legal punishment on me'.' The Prophet (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) , and when the Prophet (Sallallahu Alayhi wa Sallam) had finished his prayer, the man again got up and said, "O Allah's Messenger! I have committed a legally punishable sin; please inflict the punishment on me according to Allah's Laws." The Prophet (Sallallahu Alayhi wa Sallam) said, "Haven't you prayed with us?' He said, "Yes." The Prophet (Sallallahu Alayhi wa Sallam) said, "Allah has forgiven your sin." or said, "...your legally punishable sin."


Hadith Number 813.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): When Ma'iz bin Malik came to the Prophet (Sallallahu Alayhi wa Sallam) (in order to confess), the Prophet (Sallallahu Alayhi wa Sallam) said to him, "Probably you have only kissed (the lady), or winked, or looked at her?" He said, "No, O Allah's Messenger!" The Prophet (Sallallahu Alayhi wa Sallam) said, using no euphemism, "Did you have sexual intercourse with her?" The narrator added: At that, (i.e. after his confession) the Prophet (Sallallahu Alayhi wa Sallam) ordered that he be stoned (to death).


Hadith Number 814.

Narrated by Abu Hurairah (Radhi Allahu Anhu): A man from among the people, came to Allah's Messenger (Sallallahu Alayhi wa Sallam) while Allah's Messenger (Sallallahu Alayhi wa Sallam) was sitting in the Masjid, and addressed him, saying, "O Allah's Messenger! I have committed an illegal sexual intercourse." The Prophet (Sallallahu Alayhi wa Sallam) turned his face away from him. The man came to that side to which the Prophet (Sallallahu Alayhi wa Sallam) had turned his face, and said, "O Allah's Messenger! I have committed an illegal intercourse." The Prophet (Sallallahu Alayhi wa Sallam) turned his face to the other side, and the man came to that side, and when he confessed four times, the Prophet (Sallallahu Alayhi wa Sallam) called him and said, "Are you mad?" He said, "No, O Allah's Messenger!" The Prophet (Sallallahu Alayhi wa Sallam) said, "Are you married?" He said, "Yes, O Allah's Messenger." The Prophet (Sallallahu Alayhi wa Sallam) said (to the people), "Take him away and stone him to death." 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).'"


Hadith Number 815.

Narrated by Abu Hurairah and Zaid bin Khalid (Radhi Allahu Anhuma): While we were with the Prophet (Sallallahu Alayhi wa Sallam) , a man stood up and said (to the Prophet (Sallallahu Alayhi wa Sallam)), "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 (Sallallahu Alayhi wa Sallam)) "Judge us according to Allah's Law and kindly allow me (to speak)." The Prophet (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) 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.


Hadith Number 816.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): 'Umar (Radhi Allahu Anhu) 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 (Sallallahu Alayhi wa Sallam) carried out the penalty of Rajam, and so did we after him."


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As Salamu Alaikum



Hadith Number 817.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): I used to teach (the Qur'an to) some people of the Muhajirun (emigrants), among whom there was 'Abdur Rahman bin 'Auf (Radhi Allahu Anhu) . While I was in his house at Mina, and he was with 'Umar bin Al-Khattab (Radhi Allahu Anhu) 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 (Radhi Allahu Anhu) 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-Madinah, as it is the place of emigration and the place of Prophet’s (Sallallahu Alayhi wa Sallam) 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-Madinah."

Ibn Abbas added: We reached Al-Madinah by the end of the month of Dhul-Hijjah, and when it was Friday, we went quickly (to the Masjid) 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 (Radhi Allahu Anhu) 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 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 (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) said, 'Do not praise me excessively as Isa, son of Maryam was praised, but call me Allah's Slave and His Messenger.' (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 (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam)), 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."

* i.e. you have prevented him from being caliph.


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Hadith Number 818.

Narrated by Zaid bin Khalid Al-Jihani (Radhi Allahu Anhu): I heard the Prophet (Sallallahu Alayhi wa Sallam) ordering that an unmarried person guilty of illegal sexual intercourse be flogged one-hundred stripes and be exiled for one year. Umar bin Al-Khattab (Radhi Allahu Anhu) also exiled such a person, and this tradition is still valid.


Hadith Number 819.

Narrated by Abu Hurairah (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) 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).


Hadith Number 820.

Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) 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 (Radhi Allahu Anhu) also turned out such-and-such person.


Hadith Number 821.

Narrated by Abu Hurairah and Zaid bin Khalid (Radhi Allahu Anhu): A Bedouin came to the Prophet (Sallallahu Alayhi wa Sallam) while he (the Prophet (Sallallahu Alayhi wa Sallam)) was sitting, and said, "O Allah's Messenger! 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! 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 (Sallallahu Alayhi wa Sallam) 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).


Hadith Number 822.

Narrated by Abu Hurairah and Sa'id bin Khalid (Radhi Allahu Anhuma): The verdict of Allah's Messenger (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) ordered that she be sold after the third or fourth time of committing illegal intercourse."


Hadith Number 823.

Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) 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."


Hadith Number 824.

Narrated by Ash-Shaibani: I asked 'Abdullah bin Abi 'Aufa (Radhi Allahu Anhuma) about the Rajam (stoning somebody to death for committing illegal sexual intercourse). He replied, "The Prophet (Sallallahu Alayhi wa Sallam) 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."


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As Salamu Alaikum


Hadith Number 825.

Narrated by 'Abdullah bin 'Umar (Radhi Allahu Anhuma): The Jews came to Allah's Messenger (Sallallahu Alayhi wa Sallam) and mentioned to him that a man and a lady among them had committed illegal sexual intercourse. Allah's Messenger (Sallallahu Alayhi wa Sallam) said to them, "What do you find in the Taurat regarding the Rajam?" They replied, "We only disgrace and flog them with stripes." 'Abdullah bin Salam (Radhi Allahu Anhu) said to them, 'You have told a lie the penalty of Rajam is in the Taurat.' They brought the Taurat 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! He has said the truth, the verse of the Rajam is in it (Taurat)." Then Allah's Messenger (Sallallahu Alayhi wa Sallam) 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.


Hadith Number 826.

Narrated by Abu Hurairah and Zaid bin Khalid (Radhi Allahu Anhuma): Two men had a dispute in the presence of Allah's Messenger (Sallallahu Alayhi wa Sallam). One of them said, "Judge us according to Allah's Laws." The other who was more wise said, "Yes, Allah's Messenger (Sallallahu Alayhi wa Sallam), judge us according to Allah's Laws and allow me to speak (first)" The Prophet (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) had the man's son flogged one hundred stripes and exiled for one year, and ordered Unais Al-Aslami (Radhi Allahu Anhu) to go to the wife of the other man, and if she confessed, stone her to death. She confessed and was stoned to death.


Hadith Number 827.

Narrated by 'Aishah (Radhi Allahu Anha): Abu Bakr came to me while Allah's Messenger (Sallallahu Alayhi wa Sallam) was sleeping with his head on my thigh. Abu Bakr said (to me), "You have detained Allah's Messenger (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) (on my thigh), and then Allah revealed the Divine Verse of Tayammum.


Hadith Number 828.

Narrated by 'Aishah (Radhi Allahu 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 (Sallallahu Alayhi wa Sallam) although that hit was very painful.

Hadith Number 829.

Narrated by Al-Mughira: Sa'd bin 'Ubada (Radhi Allahu Anhu) said, "If I found a man with my wife, I would kill him with the sharp side of my sword." When the Prophet (Sallallahu Alayhi wa Sallam) 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."


Hadith Number 830.

Narrated by Abu Hurairah (Radhi Allahu Anhu): A bedouin came to Allah's Messenger (Sallallahu Alayhi wa Sallam) and said, "My wife has delivered a black child." (*) The Prophet (Sallallahu Alayhi wa Sallam) said to him, "Have you camels?" He replied, "Yes." The Prophet (Sallallahu Alayhi wa Sallam) said, "What color are they?" He replied, "They are red." The Prophet (Sallallahu Alayhi wa Sallam) further asked, "Are any of them gray in color?" He replied, "Yes." The Prophet (Sallallahu Alayhi wa Sallam) asked him, "Whence did that grayness come?" He said, "I thing it descended from the camel's ancestors." Then the Prophet (Sallallahu Alayhi wa Sallam) said (to him), "Therefore, this child of yours has most probably inherited the color from his ancestors."

* The Bedouin was white and by talking about his child, he hinted that his wife must have been disloyal to him .




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As Salamu Alaikum


Hadith Number 831.

Narrated by Abu Burda (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) 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."


Hadith Number 832.

Narrated by 'Abdur-Rahman bin Jabir: On the authority of others, that the Prophet (Sallallahu Alayhi wa Sallam) 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."


Hadith Number 833.

Narrated by Abu Burda Al-Ansari (Radhi Allahu Anhu): I heard the Prophet (Sallallahu Alayhi wa Sallam) saying, "Do not flog anyone more than ten stripes except if he is involved in a crime necessitating Allah's legal Punishment."


Hadith Number 834.

Narrated by Abu Hurairah (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) 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!" Allah's Messenger (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) 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.


Hadith Number 835.

Narrated by 'Abdullah bin 'Umar (Radhi Allahu Anhuma): Those people who used to buy foodstuff at random (without weighing or measuring it) were beaten in the lifetime of Allah's Messenger (Sallallahu Alayhi wa Sallam) if they sold it at the very place where they had bought it, till they carried it to their dwelling places.


Hadith Number 836.

Narrated by 'Aishah (Radhi Allahu Anha): Allah's Messenger (Sallallahu Alayhi wa Sallam) 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.



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Hadith Number 837.

Narrated by Sahl bin Sa'd (Radhi Allahu 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 (Sallallahu Alayhi wa Sallam) ordered that they be divorced, and the husband said, "If I kept her, I would be a liar." I remember that Az-Zubair (Radhi Allahu Anhu) 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.

* See Hadith No. 740 Book 80


Hadith Number 838.

Narrated by Al-Qasim bin Muhammad: Ibn 'Abbas (Radhi Allahu Anhuma) mentioned the couple who had taken the oath of Li'an. 'Abdullah bin Shaddad said (to him), "Was this woman about whom Allah's Messenger (Sallallahu Alayhi wa Sallam) 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)."


Hadith Number 839.

Narrated by Ibn Abbas (Radhi Allahu Anhu): Li'an was mentioned in the presence of the Prophet (Sallallahu Alayhi wa Sallam), 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 (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) made them take the oath of Li'an. A man said to Ibn Abbas in the gathering, "Was that the same lady about whom the Prophet (Sallallahu Alayhi wa Sallam) 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."


Hadith Number 840.

Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "Avoid the seven great destructive sins." They (the people!) asked, "O Allah's Messenger! 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."


Hadith Number 841.

Narrated by Abu Hurairah (Radhi Allahu Anhu): I heard Abu-l-Qasim (the Prophet (Sallallahu Alayhi wa Sallam)) 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."


Hadith Number 842.

Narrated by Abu Hurairah and Zaid bin Khalid Al-Juhani (Radhi Allahu Anhuma): A man came to the Prophet (Sallallahu Alayhi wa Sallam) 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." The Prophet (Sallallahu Alayhi wa Sallam) 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 (Sallallahu Alayhi wa Sallam) 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.



Book Eighty Two – The Book on Punishment of Disbelievers at War with Allah and His Messenger (Sallallahu Alayhi wa Sallam) Div30b



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