49/22. Chapter:
Sunan an-Nasai 5410 — Judgment by the Book of Allah
Sparing Women the Need to Attend the Ruling
Hadith About Judging by the Book of Allah in a Zina Case
Sunan an-Nasai : 5410
Sunan an-NasaiHadith Number 5410
أَخْبَرَنَا مُحَمَّدُ بْنُ سَلَمَةَ، قَالَ أَنْبَأَنَا عَبْدُ الرَّحْمَنِ بْنُ الْقَاسِمِ، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ بْنِ عُتْبَةَ، عَنْ أَبِي هُرَيْرَةَ، وَزَيْدِ بْنِ خَالِدٍ الْجُهَنِيِّ، أَنَّهُمَا أَخْبَرَاهُ أَنَّ رَجُلَيْنِ اخْتَصَمَا إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ أَحَدُهُمَا اقْضِ بَيْنَنَا بِكِتَابِ اللَّهِ . وَقَالَ الآخَرُ وَهُوَ أَفْقَهُهُمَا . أَجَلْ يَا رَسُولَ اللَّهِ وَائْذَنْ لِي فِي أَنْ أَتَكَلَّمَ . قَالَ إِنَّ ابْنِي كَانَ عَسِيفًا عَلَى هَذَا فَزَنَى بِامْرَأَتِهِ فَأَخْبَرُونِي أَنَّ عَلَى ابْنِي الرَّجْمَ فَافْتَدَيْتُ بِمِائَةِ شَاةٍ وَبِجَارِيَةٍ لِي ثُمَّ إِنِّي سَأَلْتُ أَهْلَ الْعِلْمِ فَأَخْبَرُونِي أَنَّمَا عَلَى ابْنِي جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ وَإِنَّمَا الرَّجْمُ عَلَى امْرَأَتِهِ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " وَالَّذِي نَفْسِي بِيَدِهِ لأَقْضِيَنَّ بَيْنَكُمَا بِكِتَابِ اللَّهِ أَمَّا غَنَمُكَ وَجَارِيَتُكَ فَرَدٌّ إِلَيْكَ " . وَجَلَدَ ابْنَهُ مِائَةً وَغَرَّبَهُ عَامًا وَأَمَرَ أُنَيْسًا أَنْ يَأْتِيَ امْرَأَةَ الآخَرِ " فَإِنِ اعْتَرَفَتْ فَارْجُمْهَا " . فَاعْتَرَفَتْ فَرَجَمَهَا .
Abu Hurairah and Zaid bin Khalid Al-Juhani Narrated from:
Two men referred a dispute to the Messenger of Allah [SAW]. One of them said: "O Messenger of Allah, pass judgment between us according to the Book of Allah." The other, who was wiser, said: "Yes, O Messenger of Allah, and allow me to speak."He said: "My son was a laborer serving this man, and he committed Zina with his wife. They told me that my son was to be stoned to death, but I ransomed him with one hundred sheep and a slave girl of mine. Then I asked the people of knowledge, who told me that my son was to be given one hundred lashes and exiled for a year, and that his (the man's) wife was to be stoned to death."The Messenger of Allah [SAW] said: "By the One in Whose hand is my soul, I will pass judgment between you according to the Book of Allah. As for your sheep and your slave girl, take them back." Then he gave his son one hundred lashes, and exiled him for one year, and he ordered Unais to go to the wife of the other man and if she confessed, to stone her to death. She did confess, so he stoned her to death.
Reference : Sunan an-Nasa'i 5410In-book reference : Book 49, Hadith 32English translation : Vol. 6, Book 49, Hadith 5412
Summary of Sunan an-Nasai Hadith 5410
This hadith about judging by the Book of Allah reports a dispute brought to the Prophet SAW. One man asked for judgment according to Allah's Book. The other explained that his son had worked for the man and committed zina with his wife. The father had given one hundred sheep and a slave girl as ransom after being told the wrong penalty. He later asked people of knowledge and learned that his son was to receive one hundred lashes and be exiled for a year, while the woman had a different ruling if she confessed. The Prophet SAW returned the sheep and slave girl, applied the stated ruling to the son, and ordered that the woman be approached about confession. The hadith centers on justice, knowledge, and returning wealth taken through a wrong settlement.
What we learn from this hadith
- Judgment should follow the Book of Allah, not a mistaken private settlement.
- Wealth given under a wrong understanding was returned.
- The father checked the matter with people of knowledge.
- The Prophet SAW applied the ruling only after the case was made clear.
