Mishkat al-Masabih

Abu Huraira and Zaid b. Khalid told that two men brought a dispute before God’s Messenger, one of them saying, "Pronounce judgment between us in accordance with God’s Book," and the other saying, "Yes Messenger of God, pronounce judgment between us in accordance with God’s Book, and allow me to speak." He told him to speak and he said, "My son who was a hired servant with this man committed fornication with his wife, and when I was told that my son must be stoned to death I ransomed him with a hundred sheep and a slave girl of mine; but when I asked the learned they told me that my son should receive a hundred lashes and be banished for a year, and that stoning to death applied only to the man’s wife." God’s Messenger replied, "By Him in whose hand my soul is, I shall certainly pronounce judgment between you in accordance with God's Book. Your sheep and your slave girl must be returned to you, and your son shall receive a hundred lashes and be banished for a year. As for you, Unais, go to this man's wife, and if she confesses stone her to death." She confessed and he stoned her. (Bukhari and Muslim.)

Zaid b. Khalid told that he heard God’s Messenger giving command that an unmarried man who committed fornication should receive a hundred lashes and be banished for a year. Bukhari transmitted it.

God sent Muhammad with the truth and sent down the Book to him, and the verse of stoning was included in what God most high sent down. God's Messenger had people stoned to death and we have done it also since his death. Stoning is a duty laid down in God’s Book for married men and women who commit fornication when proof is established, or if there is pregnancy, or a confession. (Bukhari and Muslim.)

‘Ubada b. as-Samit reported the Prophet as saying, “Receive my teaching, receive my teaching God has appointed a way for those women (Cf. Al-Qur'an, 4:15). When the parties are unmarried they shall receive a hundred lashes and be banished for a year when they commit fornication and when they have been married they shall receive a hundred lashes and be stoned to death.” Muslim transmitted it.

‘Abdallah b. ‘Umar told that the Jews came to God’s Messenger and mentioned to him that a man and a woman of their number had committed fornication. He asked them what they found in the Torah about stoning and they replied that they should disgrace them and that they should be beaten. ‘Abdallah b. Salam then said, “You lie; it contains instruction that they should be stoned to death, so bring the Torah.” They spread it out, and one of them put his hand over the verse of stoning and read what preceded it and what followed it. 'Abdallah b. Salam told him to lift his hand and when he did so the verse of stoning was seen to be in it. They then said, “He has spoken the truth, Muhammad; the verse of stoning is in it.” The Prophet then gave command regarding them and they were stoned to death. In a version it says that he told him to lift his hand and that when he did so the verse of stoning was clearly in it. The man then said, “It contains the verse of stoning, Muhammad, but we have been concealing it from one another.” He then gave command regarding them and they were stoned to death. (Bukhari and Muslim.)

I was informed by one who heard Jabir b. ‘Abdallah say, “Then we stoned him in Medina, but when the stones hurt him he ran away, and we caught up on him in the harra and stoned him to death.” In aversion by Bukhari on Jabir’s authority, after “he replied that he was” it says that he gave command regarding him and he was stoned in the place of prayer. Then when the stones hurt him he fled, but was overtaken and stoned to death. The Prophet then spoke well of him and prayed over him. (Bukhari and Muslim.)

Ibn ‘Abbas said that when Ma'iz b. Malik came to the Prophet and he* said, “Perhaps you kissed, or squeezed, or looked,” he replied, “No, Messenger of God.” He then said, “Did you have intercourse with her?” asking the question in plain words, and when he replied that he had, he gave orders that he should be stoned to death. Bukhari transmitted it. * i.e. the Prophet. The tradition leaves it to be inferred that Ma'iz had confessed to committing fornication.

Buraida told that Ma'iz b. Malik came to the Prophet and said, “Purify me, Messenger of God.” He replied, “Out upon you! Go back, ask God's forgiveness and turn to Him in repentance.” He said that he went back not very far, then came and said, “Purify me, Messenger of God,” and the Prophet said the same as he had said before. When this went on till a fourth time he asked, “For what am I to purify you?” and he replied that it was because of fornication. God’s Messenger then asked if the man was mad, and when he was told that he was not, he asked if he had drunk wine. A man got up and smelt his breath but noticed no smell of wine, so the Prophet asked him if he had committed fornication, and when he replied that he had, he gave orders regarding him and he was stoned to death. Two or three days later God’s Messenger came and said, “Ask forgiveness for Ma'iz b. Malik. He has repented to such an extent that if it were divided among a people it would be enough for them all.” Then a woman of Ghamid, a branch of Azd came to him and said, “Purify me, Messenger of God.” He replied, “Out upon you! Go back, ask God’s forgiveness and turn to Him in repentance.” She said, “Do you want to send me back as you did to Ma'iz b. Malik when I am 1 pregnant as a result of fornication?” He asked whether she was referring to herself, and when she replied that she was, he told her to wait till she had given birth to what was in her womb. One of the Ansar became responsible for her till she was delivered of a child, and then went to the Prophet and told him that the woman of Ghamid had given birth to a child. He said, "In that case we shall not stone her and so leave her child as an infant with no one to suckle him.” One of the Ansar then got up and said, "I shall be responsible for his suckling, Prophet of God." He then had her stoned to death. A version says that he told her to go away till she gave birth to a child, then when she did, he told her to go away and suckle him till she had weaned him. When she had weaned him she brought the boy to him with a piece of bread in his hand and said, "I have weaned this one and he has eaten food." He (hen handed the boy over to one of the Muslims, and when he had given command regarding her and she was put in a hole up to her breast, he ordered the people to stone her. Khalid b. al-Walid came forward with a stone which he threw at her head, and when the blood spurted on his face he cursed her, but the Prophet said, "Gently, Khalid, By Him in whose hand my soul is, she has repented to such an extent that if one who wrongfully takes an extra tax 2 were to repent to a like extent he would be forgiven." Then giving command regarding her, he prayed over her and she was buried. Muslim transmitted it. 1. The Arabic uses the third person, saying she was pregnant. It may be an explanatory phrase, but I have ventured to treat it as part of the woman's word since this makes the sentence read a little more easily. 2. Sahib maks. Maks was money taken from sellers in the market in pre-Islamic times; it is also used of something taken by a tax-collector over and above that is duo.

Aba Huraira told that he heard the Prophet say, "When the slave woman of any of you commits fornication and the matter is clear, he should give her the appropriate beating, but not hurl reproaches at her. If she does it again he should give her the appropriate beating, but not hurl reproaches at her. If she does it a third time and the matter is clear he should sell her, even if only for a rope of hair." (Bukhari and Muslim)

You people must carry out the punishment on your slaves, those of them who are married and those who are not, for a slave woman belonging to God’s Messenger committed fornication and he ordered me to beat her. But she had recently given birth to a child and I was afraid that if I beat her I might kill her, so I mentioned that to the Prophet and he said, “You have done well." Muslim transmitted it. In a version by Abd Dawud he said, “Leave her till her blood stops flowing and then carry out the punishment on her, and carry out* the punishment on your female slaves”. Abu Dawud. *Here the verb is plural.

Abu Huraira told that when Ma'iz al-Aslami came to God’s Messenger and said he had committed fornication he turned away from him. He then came round to the other side and said he had committed fornication, but he turned away from him. He came round again saying he had committed fornication, and when he said it a fourth time God’s Messenger gave command regarding him and he was taken out to the harra and stoned. When he felt the effect of the stones he ran away vigorously till he passed a man who had the jawbone of a camel with which he struck him, and the people struck him till he died. They then mentioned to God’s Messenger that he had fled when he felt the effect of the stones and the touch of death, and he said, “Why did you not leave him alone?” A version has, “Why did you not leave him alone? Perhaps he might have repented and been forgiven by God.” Tirmidhi and Ibn Majah transmitted it.

Ibn ‘Abbas told that the Prophet asked Ma'iz b. Malik, “Is what I have heard about you true?” He asked what he had heard about him, and he replied that he had heard he had had intercourse with a girl belonging to the family of so and so. When he admitted it, and had acknowledged it four times, he ordered him to be stoned to death. Muslim transmitted it. (Here a tradition by Muslim has been placed in Section II.)

Yazid b. Nu'aim, on his father’s authority, told that Ma‘iz came to the Prophet and confirmed the matter four times in his presence, so he ordered him to be stoned to death, but said to Hazzal, “If you had covered him with your garment it would have been better for you.” Ibn al-Munkadir said Hazzal had ordered Ma'iz to go to the Prophet and tell him. Abu Dawud transmitted it.

‘Amr b. Shu'aib, on his father’s authority, told that his grandfather, ‘Abdallah b. ‘Amr b. al-‘As, reported God’s Messenger as saying, “Forgive the infliction of prescribed penalties among yourselves, for any prescribed penalty of which I hear must be carried out.” Abu Dawud and Nasa’i transmitted it.

‘A’isha reported the Prophet as saying, “Forgive the people of good qualities their slips, but not faults to which prescribed penalties apply.” Abu Dawud transmitted it.

She reported God’s Messenger as saying, “Avert the infliction of prescribed penalties on Muslims as much as you can, and if there is any way out let a man go, for it is better for a leader to make a mistake in forgiving than to make a mistake in punishing.” Tirmidhi transmitted it, saying it has been transmitted from her without tracing it to the Prophet, and that is sounder.

Wa’il b. Hujr said that when a woman was forced against her will in the time of God’s Messenger he averted the punishment from her but inflicted it on the one who had molested her. The transmitter did not mention that he appointed a dower to be paid her. Tirmidhi transmitted it.

He said that a woman went out in the time of the Prophet to go to prayer, and a man who met her attacked her and got his desire of her. She shouted and he went off, and when a company of the Emigrants came by she said, “That man did such and such to me.” They seized the man and brought him to God’s Messenger who said to the woman, “Go away, for God has forgiven you,” but of the man who had had intercourse with her he said, “Stone him to death.” He also said, “He has repented to such an extent that if the people of Medina had repented similarly it would have been accepted from them.” Tirmidhi and Abu Dawud transmitted it.

Jabir said that a man committed fornication with a woman and the Prophet gave command that he be given the appropriate beating, but on being told afterwards that the man was married he gave command that he should be stoned to death. Abu Dawud transmitted it.

Sa'id b. Sa'd b. ‘Ubada told that Sa'd b. ‘Ubada brought the Prophet a man deficient in build and sick, a member of the clan, who had been found in the act of having illicit intercourse with a slave woman of theirs. The Prophet said, “Get for him a stalk of the raceme of a palm-tree with a hundred twigs and strike him once.” It is transmitted in Sharh as-sunna; and there is something similar in Ibn Majah’s version.

‘Ikrima reported on the authority of Ibn ‘Abbas that God’s Messenger said, “If you find anyone doing as Lot’s people did, kill the one who does it and the one to whom it is done.” Tirmidhi and Ibn Majah transmitted it.

Ibn ‘Abbas reported God’s Messenger as saying, “If anyone has sexual intercourse with an animal, kill him and kill it along with him.” Ibn ‘Abbas was asked what offence could be attributed to the animal and replied, “I did not hear anything about that from God’s Messenger, but I think he disapproved of its flesh being eaten or of any use being made of it when such a thing had been done to it.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

Jabir reported God’s Messenger as saying, “The thing I fear most for my people is what Lot’s people did.” Tirmidhi and Ibn Majah transmitted it.

Ibn ‘Abbas told that a man of B. Bakr b. Laith came to the Prophet and made a statement four times that he had committed fornication with a woman, so he had a hundred lashes administered to him. The man had not been married. He then asked him to produce proof again the woman, and she said, “I swear by God, Messenger of God, that he has lied.” Then he was given the prescribed number of lashes for falsehood. Abu Dawud transmitted it.

When my vindication came down (Al-Qur’an, 24:11 ff) the Prophet mounted the pulpit and mentioned that. Then when he came down from the pulpit he ordered that the two men and the woman* should be given the prescribed beating. Abu Dawud transmitted it. *The men are said to have been Mistah b. Uthatha and Hassan b. Thabit, and the woman Hamna daughter of Jahsh. Ibn 'Abd al-Barr, Istiab. p. 285, says Mistah was beaten, but he does not commit himself on p. 127 about Hassan, or on p. 714 about Hamna.

Nafi' said he was informed by Safiya daughter of Abu ‘Ubaid that one of the Caliph’s slaves had intercourse with a girl who was among the fifth of the booty, forcing her to it against her will, and deflowered her. ‘Umar had him beaten but did not have her beaten because he had forced her against her will. Bukhari transmitted it.

Yazid b. Nu'aim b. Hazzal told on his father’s authority that Ma'iz b. Malik who was an orphan under his father's protection had intercourse with a slave girl belonging to the clan, so his father told him to go and inform God's Messenger what he had done, for he might perhaps ask forgiveness for him. His purpose in that was simply a hope that it might be a way of escape for him. He went to him and said, “Messenger of God, I have committed fornication, so inflict on me the punishment ordained by God.” He turned away from him, so he came back and said, “Messenger of God, I have committed fornication, so inflict on me the punishment ordained by God.” When he had said it four times God’s Messenger said, “You have said it four times. With whom did you commit it?” When he replied that it was with so and so he asked whether he had lain with her and he replied that he had. He asked whether his skin had been in contact with hers and he replied that it had. He then asked whether he had had intercourse with her and he replied that he had. He ordered him to be stoned to death and he was taken out to the harra, but when he felt the effect of the stones and could not bear it he went away quickly. But ‘Abdallah b. Unais encountered him when those who had been stoning him could not catch up on him, threw the bone of a camel’s foreleg at him, hit him and killed him. Then when he went to the Prophet and mentioned that to him he said, “Why did you not leave him alone,* for perhaps he might have repented and been forgiven by God.” Abu Dawud transmitted it. *The verb is in the plural.

‘Amr b. al-'As told that he heard God's Messenger say, “Fornication will not appear among any people without their being punished by famine, and bribery will not appear among any people without their being punished by terror.” Ahmad transmitted it.

Ibn ‘Abbas and Abu Huraira reported God’s Messenger as saying, “Accursed is he who does what Lot's people did." In a version by him on the authority of Ibn ‘Abbas it says that ‘Ali had the two people concerned burned and that Abu Bakr had a wall thrown down on them. Razin transmitted it.

reported God’s Messenger as saying, “God who is great and glorious will not look at a man who has intercourse with a man or a woman through the anus." Tirmidhi transmitted it, saying; this is a hasan gharib tradition.

He reported him as saying, “There is no prescribed punishment for one who has intercourse with an animal." Tirmidhi and Abu Dawud transmitted it. Tirmidhi quoted Sufyan ath-Thauri as saying that this is sounder than the first tradition, “Kill him who has intercourse with an animal," (Cf. p. 763) and that the learned act according to this one.

‘Ubada b. as-Samit reported God’s Messenger as saying, “Enforce God’s prescribed punishments on those who are near and those who are distant, and let no one’s blame come upon you regarding ." Ibn Majah transmitted it.

Ibn ‘Umar reported God’s Messenger as saying, “Enforcing one of God’s prescribed punishments is better than forty nights' rain in God’s land." Ibn Majah transmitted it, and Nasa’i transmitted it on the authority of Abu Huraira.

‘A’isha reported the Prophet as saying, “A thief’s hand should be cut off only for a quarter of a dinar and upwards.” (Bukhari and Muslim).

Ibn ‘Umar said the Prophet had a thief’s hand cut off for a shield worth three dirhams. (Bukhari and Muslim.)

Abu Huraira reported the Prophet as saying, “God curse a thief who steals an egg and has his hand cut off, and steals a rope and has his hand cut off!”* (Bukhari and Muslim.) *It has been suggested that baida (egg or steel helmet) should have the latter meaning and that a ship’s rope should be understood, but the translation above is usually accepted as the meaning.

Rafi‘ b. Khadij reported the Prophet as saying, “The hand is not to be cut off for taking fruit or the pith of the palm-tree.” Malik, Tirmidhi, Abu Dawud, Nasa'i, Darimi and Ibn Majah transmitted it.

‘Amr b. Shu'aib, on his father’s authority, said his grandfather, ‘Abdallah b. ‘Amr b. al-‘As, told that God’s Messenger was asked about fruit which was hung up and said, “If anyone steals any of it after it is put in the place where it is dried and it amounts to the price of a shield, he must have his hand cut off.” Abu Dawud and Nasa’i transmitted it.

‘Abdallah b. ‘Abd ar-Rahman b. Abu Husain al-Makki reported God’s Messenger as saying, “A hand is not to be cut off for fruit which is hung up, or for a sheep stolen by night from the mountain;* but when the sheep is in its fold or the fruit in the place where it is dried a hand is to be cut off for whatever reaches the price of a shield.” Malik transmitted it. * Harisa jabal. It is used either of a sheep or goat stolen before it gets back from the mountain to the fold, or of one guarded in the mountain. The most satisfactory reason for the prescription would seem to be that animals kept in the mountain are not sufficiently protected.

Jabir reported God’s Messenger as saying, "Cutting off the hand is not to be inflicted on one who plunders, but he who does so conspicuously does not belong to us.” Abu Dawud transmitted it.

He reported the Prophet as saying, “Cutting off the hand is not to be inflicted on one who is treacherous, one who plunders, or one who snatches something.” Tirmidhi, Nasa’i, Ibn Majah and Darimi transmitted it.

It is transmitted in Sharh as-sunna that Safwan b. Umayya came to Medina and slept in the mosque, using his cloak as a pillow. A thief came and took his cloak and Safwan seized him and brought him to God’s Messenger who ordered that his hand should be cut off. Safwan then said, "This was not my intention. I give it to him as sadaqa.” God’s Messenger replied, "Why did you not do so before bringing him to me?” Ibn Majah transmitted something similar on the authority of ‘Abdallah b. Safwan who quoted his father’s authority, and Darimi did so also on the authority of Ibn ‘Abbas.

Busr b. Artat told that he heard God’s Messenger say, "Hands are not to be cut off during a warlike expedition.” Tirmidhi, Darimi, Abu Dawud and Nasa’i transmitted it, but the last two have "journey” in place of "warlike expedition.”

Abu Salama quoted Abu Huraira’s authority to the effect that God’s Messenger said regarding a thief, "If he steals cut off his hand, if he steals again cut off his foot, if he steals again cut off his hand, and if he steals again cut off his foot.” It is transmitted in Sharh as-sunna.

Jabir told that a thief was brought to the Prophet and he said, "Maim him,* so this was done. He was brought a second time and he said, "Maim him,” so this was done. He was brought a third time and he said, "Maim him,” so this was done. He was brought a fourth time and he said, "Maim him,” so this was done. He was brought a fifth time and he said, "Kill him,” so they took him away and killed him. They then dragged him and cast him into a well and threw stones over him. Abu Dawud and Nasa’i transmitted it. In Sharh as-sunna the Prophet is reported as saying regarding the maiming of a thief, "Maim him, then cauterise him." * Where there has been one offence I have translated 'cut off the hand’, but here, where the verb 'to cut off’ is used without an object, I have found it more convenient to use a general word. In the previous tradition the hands and feet were mentioned in the Arabic.

Fadala b. 'Ubaid said a thief was brought to God’s Messenger, and when his hand was cut off he gave command that it should be hung on his neck. Tirmidhi, Aba Dawud, Nasa’i and Ibn Majah transmitted it.

Abu Huraira reported God’s Messenger as saying, "When, a slave steals sell him, even though it be for half an uqiyah.”* Abu Dawud, Nasa’i and Ibn Majah transmitted it. * Nashsh, This is half an uqiya, or twenty dirhams.

‘A’isha told that when a thief was brought to God’s Messenger and he had his hand cut off, those who brought him said, "We did not think you would go so far as this with him.” He replied, "If Fatima had been the one, I would have had her hand cut off.” Nasa’i transmitted it.

Ibn 'Umar told that a man brought a slave of his to 'Umar and said, "Cut off his hand, for he has stolen a mirror belonging to my wife.” 'Umar replied, "Cutting off the hand may not be inflicted on him. It is your servant who has taken your belongings.” Malik transmitted it.

Abu Dharr told that God’s Messenger addressed him by name and he replied, "At your service and at your pleasure, Messenger of God.” He said, "How will you do when death 1 smites people and a house, meaning a grave, will cost as much as a slave?” On his replying that God and His apostle knew best, he said, "Show endurance.” Hammad b. Sulaiman said that the hand of one who rifles a grave 2 should be cut off because he had entered the deceased’s house. Abu Dawud transmitted it. 1. Here "death” is used as a figure for a severe pestilence. 2. Mirqat, iv, 59, say this is done to steal the shroud.