Mishkat al-Masabih

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.