49/23. Chapter:
Sunan an-Nasai 5412 — Leniency for Disability
The Judge Turning Toward One Who Tells Him That He Has Committed Zina
Hadith About Leniency and Disability in a Zina Case
Sunan an-Nasai : 5412
Sunan an-NasaiHadith Number 5412
أَخْبَرَنَا الْحَسَنُ بْنُ أَحْمَدَ الْكَرْمَانِيُّ، قَالَ حَدَّثَنَا أَبُو الرَّبِيعِ، قَالَ حَدَّثَنَا حَمَّادٌ، قَالَ حَدَّثَنَا يَحْيَى، عَنْ أَبِي أُمَامَةَ بْنِ سَهْلِ بْنِ حُنَيْفٍ، أَنَّ النَّبِيَّ صلى الله عليه وسلم أُتِيَ بِامْرَأَةٍ قَدْ زَنَتْ فَقَالَ " مِمَّنْ " . قَالَتْ مِنَ الْمُقْعَدِ الَّذِي فِي حَائِطِ سَعْدٍ . فَأَرْسَلَ إِلَيْهِ فَأُتِيَ بِهِ مَحْمُولاً فَوُضِعَ بَيْنَ يَدَيْهِ فَاعْتَرَفَ فَدَعَا رَسُولُ اللَّهِ صلى الله عليه وسلم بِإِثْكَالٍ فَضَرَبَهُ وَرَحِمَهُ لِزَمَانَتِهِ وَخَفَّفَ عَنْهُ .
Abu Umamah bin Sahl bin Hunaif Narrated from:
A woman who had committed Zina was brought to the Prophet [SAW]. He said: "With whom?" She said: "With the paralyzed man who lives in the garden of Sa'd." He was brought and placed before (the Prophet [SAW]) and he confessed. The Messenger of Allah [SAW] called for a bunch of palm leaves and hit him. He took pity on him because of his disability and was lenient with him.
[1] In the body text of the main manuscript used, it says: "He said," while in the margin is the note: "She said" and it is obviously what is correct. Similarly, it has been published by others like that, saying "She said" instead of "He said." Take note that our printed edition says: "He said."Reference : Sunan an-Nasa'i 5412In-book reference : Book 49, Hadith 34English translation : Vol. 6, Book 49, Hadith 5414
Summary of Sunan an-Nasai Hadith 5412
This hadith about leniency reports that a woman who had committed zina was brought to the Prophet SAW. He asked with whom it happened, and she named a paralyzed man in the garden of Sa'd. The man was brought and placed before the Prophet SAW, and he confessed. The Messenger of Allah SAW called for a bunch of palm leaves and struck him with it. The narration then says he had mercy on him because of his disability and made the matter lighter for him. The hadith should be read only within the details given: there was a confession, the man had a disability, and the Prophet SAW showed mercy in how the punishment was carried out.
What we learn from this hadith
- The case involved confession from the man named in the report.
- The Prophet SAW considered the man's disability in how he was treated.
- Mercy was shown while still addressing the wrongdoing.
- The narration points to care in applying judgment to a weak person.
