Sunan Abi Dawud

The Prophet (ﷺ) said: about a man who had (unlawful) intercourse with his wife's slave girl: If she made her lawful for him, he will be flogged one hundred lashes; if she did not make her lawful for him, I shall stone him.

The Messenger of Allah (ﷺ) made a decision about a man who had intercourse with his wife's slave-girl as follows. If he forced her, she is free, and he shall give her mistress a slave-girl similar to her; if she asked him to have intercourse voluntarily, she will belong to him, and he shall give her mistress a slave-girl similar to her. Abu Dawud said: This tradition has been transmitted by Yunus b. 'Ubaid, 'Amr b. Dinar, Mansur b. Zadhan and Salam from al-Hasan to the same effect. But yunus and Mansur did not mention Qabisah.

A similar tradition (to the No. 4445) has also been transmitted by Salamah ibn al-Muhabbaq from the Prophet (ﷺ). This version has: If she asked her to have intercourse with her voluntarily, then she and a similar slave-girl would be given to her mistress from his property.

The Prophet (ﷺ) 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. Abu Dawud said: A similar tradition has also been transmitted by Sulaiman b. Bilal from 'Amr b. Abi 'Umar. And 'Abbad b. Mansur transmitted it from 'Ikrimah on the authority of Ibn 'Abbas who transmitted it from the Prophet (ﷺ). It has also been transmitted by Ibn Juraij from Ibrahim from Dawud b. Al-Husain from 'Ikrimah on the authority of Ibn 'Abbas who transmitted it from the Prophet (ﷺ).

If a man who is not married is seized committing sodomy, he will be stoned to death. Abu Dawud said: The tradition of 'Asim proved the tradition of 'Amir b. Abi 'Amr as weak.

The Prophet (ﷺ) said: If anyone has sexual intercourse with an animal, kill him and kill it along with him. I (Ikrimah) said: I asked him (Ibn Abbas): What offence can be attributed to the animal/ He replied: I think he (the Prophet) disapproved of its flesh being eaten when such a thing had been done to it. Abu Dawud said: This is not a strong tradition.

There is no prescribed punishment for one who has sexual intercourse with an animal. Abu Dawud said: 'Ata is also so. Al Hakam said: I think he should be flogged, but the number should not reach the one of the prescribed punishment. Al-Hasan said: He is like a fornicator. Abu Dawud said: THe tradition of 'Asim proves the tradition of 'Amr b. Abi 'Amr as weak.

A man came to the Prophet (ﷺ) and made acknowledgment before him that he had committed fornication with a woman whom he named. The Messenger of Allah (ﷺ) sent someone to the woman and he asked her about it. She denied that she had committed fornication. So he gave him the prescribed punishment of lashes and left her.

A man of Bakr ibn Layth came to the Prophet (ﷺ) and made confession 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 against the woman, and she said: I swear by Allah, Messenger of Allah, that he has lied. Then he was given the punishment of eighty lashes of falsehood.

A man came to the Prophet (ﷺ) and said: I contacted directly a women at the furthest part of the city (i.e., Medina), and I did with her everything except sexual intercourse. So here I am; inflict any punishment you wish. Thereupon ‘Umar said: Allah has concealed your fault; it would have been better if you also had concealed it yourself. The Prophet (ﷺ) sent a men after him. (When he came) he recited the verse: “And establish regular prayers at the two ends of the day and at the approaches of the night. . .” up to the end of the verse. A man from the people got up and asked: Is it particular to him, Messenger of Allah, or for the people in general? He replied: It is all the people.

The Messenger of Allah (ﷺ) was asked about a slave-woman who commits fornication, and she is not married: If she commits fornication, flog her: if she commits fornication again flog her; if only for a rope of hair (dafir). Ibn Shihab: I do not know whether he (the Prophet) said it is a third or a fourth time.

When the slave-woman of any of you commits fornication, he should inflict the prescribed punishment on her, but not hurl reproaches at her. This is to be done up to three times. If she a fourth time, he should flog her, and sell her even if only for a rope of hair.

He said each time: He should give her the appropriate beating according to Allah’s Book, but not Hurl reproaches at her. He said a fourth time: If she does it again, he should give her the appropriate beating according to Allah’s Book, and then should sell her even if only for a rope of hair.

AbuUmamah ibn Sahl ibn Hunayf said that some companions of the Messenger of Allah (ﷺ) told that one of their men suffered so much from some illness that he pined away until he was skin and bone (i.e. only a skeleton). A slave-girl of someone visited him, and he was cheered by her and had unlawful intercourse with her. When his people came to visit the patient, he told them about it. He said: Ask the Messenger of Allah (ﷺ) about the legal verdict for me, for I have had unlawful intercourse with a slave-girl who visited me. So they mentioned it to the Messenger of Allah (ﷺ) saying: We have never seen anyone (so weak) from illness as he is. If we bring him to you, his bones will disintegrate. He is only skin and bone. So the Messenger of Allah (ﷺ) commanded them to take one hundred twigs and strike him once.

A slave-girl belonging to the house of the Messenger of Allah (ﷺ) committed fornication. He (the Prophet) said: Rush up, Ali, and inflict the prescribed punishment on her. I then hurried up, and saw that blood was flowing from her, and did not stop. So I came to him and he said: Have you finished inflicting (punishment on her)? I said: I went to her while her blood was flowing. He said: Leave her alone till her bleeding stops; then inflict the prescribed punishment on her. And inflict the prescribed punishment on those whom your right hands possess (i.e. slaves). Abu Dawud said: A similar tradition has been transmitted by Abu al-Ahwas from 'Abd al-A'la, and also by Shu'bah from 'Abd al-A'la. This version has: He said: Do not give her beating until she gives birth to a child. But the former (version) is sounder.

When my vindication came down, the Prophet (ﷺ) mounted the pulpit and mentioned that, and recited the Qur'an. Then when he came down from the pulpit he ordered regarding the two men and the woman, and they were given the prescribed punishment.

He (the Prophet) commanded regarding the two men and the woman who spoke obscenity were Hassan ibn Thabit and Mistah ibn Uthathah. An-Nufayl said: It is said that the woman was Hammah daughter of Jahsh.

The Prophet (ﷺ) did not prescribe any punishment for drinking wine. Ibn Abbas said: A man who had drunk wine and become intoxicated was found staggering on the road, so he was taken to the Prophet (ﷺ). When he was opposite al-Abbas's house, he escaped, and going in to al-Abbas, he grasped hold of him. When that was mentioned to the Prophet (ﷺ), he laughed and said: Did he do that? and he gave no command regarding him. Abu Dawud said: This tradition of al-Hasan b. 'Ali has been transmitted only by the people of Medina.

When a man who had drunk wine was brought to the Messenger of Allah (ﷺ), he said: Beat him. Abu Hurairah said: Some struck him with their hands, some with their garment. When he turned his face, some people said: Allah put you shame! The Messenger of Allah (ﷺ) said: Do not say like that and help the devil to get power over him.

The Messenger of Allah (ﷺ) then said to his Companions: Reproach him, and they faced him and said: You have not respected Allah, you have not feared Allah and you have not shown shame before the Messenger of Allah (ﷺ). Then they released him. Some have also added similar words.