49/22. Chapter:
Sunan an-Nasai 5411 — Justice According to Allah's Book
Sparing Women the Need to Attend the Ruling
Hadith About Allah's Book and Fair Judgment in a Zina Dispute
Sunan an-Nasai : 5411
Sunan an-NasaiHadith Number 5411
أَخْبَرَنَا قُتَيْبَةُ، قَالَ حَدَّثَنَا سُفْيَانُ، عَنِ الزُّهْرِيِّ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ، عَنْ أَبِي هُرَيْرَةَ، وَزَيْدِ بْنِ خَالِدٍ، وَشِبْلٍ، قَالُوا كُنَّا عِنْدَ النَّبِيِّ صلى الله عليه وسلم فَقَامَ إِلَيْهِ رَجُلٌ فَقَالَ أَنْشُدُكَ بِاللَّهِ إِلاَّ مَا قَضَيْتَ بَيْنَنَا بِكِتَابِ اللَّهِ . فَقَامَ خَصْمُهُ - وَكَانَ أَفْقَهَ مِنْهُ - فَقَالَ صَدَقَ اقْضِ بَيْنَنَا بِكِتَابِ اللَّهِ . قَالَ " قُلْ " . قَالَ إِنَّ ابْنِي كَانَ عَسِيفًا عَلَى هَذَا فَزَنَى بِامْرَأَتِهِ فَافْتَدَيْتُ مِنْهُ بِمِائَةِ شَاةٍ وَخَادِمٍ - وَكَأَنَّهُ أُخْبِرَ أَنَّ عَلَى ابْنِهِ الرَّجْمَ فَافْتَدَى مِنْهُ - ثُمَّ سَأَلْتُ رِجَالاً مِنْ أَهْلِ الْعِلْمِ فَأَخْبَرُونِي أَنَّ عَلَى ابْنِي جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ . فَقَالَ لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم " وَالَّذِي نَفْسِي بِيَدِهِ لأَقْضِيَنَّ بَيْنَكُمَا بِكِتَابِ اللَّهِ عَزَّ وَجَلَّ أَمَّا الْمِائَةُ شَاةٍ وَالْخَادِمُ فَرَدٌّ عَلَيْكَ وَعَلَى ابْنِكَ جَلْدُ مِائَةٍ وَتَغْرِيبُ عَامٍ اغْدُ يَا أُنَيْسُ عَلَى امْرَأَةِ هَذَا فَإِنِ اعْتَرَفَتْ فَارْجُمْهَا " . فَغَدَا عَلَيْهَا فَاعْتَرَفَتْ فَرَجَمَهَا .
Abu Hurairah, Zaid bin Khalid and Shibl Narrated from:
We were with the Prophet [SAW] when a man stood up and said: 'I adjure you, by Allah, pass judgment between us according to the Book of Allah.' His opponent, who was wiser than him, stood up and said: 'He is right, pass judgment between us according to the Book of Allah.'He said: 'Speak.' He said: 'My son was a laborer serving this man, and he committed Zina with his wife. I ransomed him with one hundred sheep and a servant.' It is as if he was told that his son was to be stoned to death but he ransomed him from that. 'Then I asked some knowledgeable men and they told me that my son was to be given one hundred lashes and exiled for a year.'The Messenger of Allah [SAW] said to him: 'By the One in Whose hand is my soul, I will pass judgment between you according to the Book of Allah, the Mighty and Sublime. As for the one hundred sheep and the servant, take them back, and your son is to be given one hundred lashes and exiled for a year. O Unais, go tomorrow to the wife of this man and if she confesses, then stone her to death.' She did confess, so he stoned her to death.
Reference : Sunan an-Nasa'i 5411In-book reference : Book 49, Hadith 33English translation : Vol. 6, Book 49, Hadith 5413
Summary of Sunan an-Nasai Hadith 5411
This hadith about fair judgment repeats the case of a man whose son was a laborer and committed zina with another man's wife. The father had paid one hundred sheep and a servant as ransom, apparently because he was told his son faced stoning. Later he asked knowledgeable men and was told his son should receive one hundred lashes and exile for a year. The Prophet SAW swore that he would judge by the Book of Allah. He ordered the sheep and servant to be returned, gave the ruling for the son, and sent Unais to the woman; if she confessed, the ruling would be carried out. The hadith shows that religious judgment must be based on knowledge, not fear, pressure, or false payment.
What we learn from this hadith
- A mistaken ransom did not make the payment valid.
- The Prophet SAW judged by the Book of Allah in the dispute.
- Seeking knowledge helped correct the father's misunderstanding.
- The ruling concerning the woman was tied to her confession in the text.
