Ibn Hazm - Al-Muhalla bil-Athar - Book of Hudud (Punishments)

Issue on the Punishment for Adultery - Issue of the Free Man and Woman if They Commit Adultery While Married

Volume: (12) - Page: (175)

[The text is lengthy, so only the relevant portion is included here]

Hammam narrated to us, he said: Ibn Mufarrij narrated to us, he said: Ibn al-A’rabi narrated to us, he said: Al-Dabari narrated to us, he said: ‘Abd al-Razzaq narrated from Sufyan al-Thawri from Asim ibn Abi al-Najud from Dharr ibn Hubaysh, who said: Ubayy ibn Ka'b said to me: "How many verses do you count in Surah al-Ahzab?" I said, "Seventy-three or seventy-four verses." He said: "It used to be as long as Surah al-Baqarah or longer, and it contained the Verse of Stoning." I said, "O Abu al-Mundhir, what is the Verse of Stoning?" He said: "If the elderly man and woman commit adultery, then stone them absolutely, as a punishment from Allah; and Allah is Mighty, Wise." Ali said: This chain is as clear as the sun, without any flaw.

Abdullah ibn Rabi’a also narrated to us, he said: Muhammad ibn Mu’awiya narrated to us, he said: Ahmad ibn Shu’ayb narrated to us, he said: Mu’awiya ibn Salih al-Ash’ari narrated to us, he said: Mansur—who is Ibn Abi Muzahim—narrated to us, he said: Abu Hafs—who is ‘Umar ibn ‘Abd al-Rahman—narrated to us from Mansur—who is Ibn al-Mu’tamir—from Asim ibn Abi al-Najud from Dharr ibn Hubaysh, who said: Ubayy ibn Ka'b said to me: "How many verses do you count in Surah al-Ahzab?" I said, "Seventy-three." Ubayy replied: "It used to be as long as Surah al-Baqarah or longer, and it contained the Verse of Stoning: ‘If the elderly man and woman commit adultery, then stone them absolutely, as a punishment from Allah; and Allah is Mighty, Wise.’" So Sufyan al-Thawri and Mansur bore witness to Asim, and they did not lie; they are both trustworthy, distinguished scholars. Asim did not lie about Dharr, nor did Dharr lie about Ubayy. Abu Muhammad, may Allah have mercy on him, said: However, its wording was abrogated while its ruling remained. If its wording had not been abrogated, Ubayy ibn Ka'b would have taught it to Dharr without doubt, but he informed him that it used to equal Surah al-Baqarah and did not say it equals it now, thus confirming the abrogation of its wording.

Ibn Hazm - Al-Muhalla bil-Athar - Book of Hudud (Punishments)

Issue on the Punishment for Adultery - Issue of the Free Man and Woman if They Commit Adultery While Married

Volume: (12) - Page: (176)

[The text is lengthy, so only the relevant portion is included here]

Ali said: This has been narrated through multiple chains, among them: Abdullah ibn Rabi’a narrated to us, he said: Muhammad ibn Mu’awiya narrated to us, he said: Ahmad ibn Shu’ayb narrated to us, he said: Muhammad ibn al-Muthanna narrated to us, he said: Muhammad ibn Ja’far Ghundar narrated to us, he said: Shu’bah narrated from Qatadah, from Yunus ibn Jubayr, from Kathir ibn al-Salt, who said: Zayd ibn Thabit said to me: I heard the Messenger of Allah (peace be upon him) say: "If the elderly man and elderly woman commit adultery, then stone them absolutely." Umar said: When it was revealed, I came to the Messenger of Allah (peace be upon him) and said, "Record it for me." Shu’bah said: It was as though he disliked that. Then Umar said, "Don’t you see that the elderly man, if not married, is flogged, and the young man, if married, is stoned?" Ali, may Allah have mercy on him, said: This is a sound chain.

And Abdul Rahman narrated from his father, then al-Qasim ibn Muhammad and ‘Amrah both agreed from Aisha, the Mother of the Believers, who said: "The verse of stoning and breastfeeding was revealed, and it was written on a sheet under my bed. When the Messenger of Allah (peace be upon him) passed away, we became occupied with his death, and a domesticated animal came in and ate it." Abu Muhammad said: This is an authentic hadith.

Ibn Hazm - Al-Muhalla bil-Athar - Book of Hudud (Punishments)

Issue on the Punishment for Adultery - Issue of the Free Man and Woman if They Commit Adultery While Married

Volume: (12) - Page: (178)

[The text is lengthy, so only the relevant portion is included here]

Abu Muhammad, may Allah have mercy on him, said: Stoning has been narrated from the Prophet (peace be upon him) by multiple people, as Abdullah ibn Rabi’a narrated to us, he said: Muhammad ibn Mu’awiya narrated to us, he said: Ahmad ibn Shu’ayb narrated to us, he said: Muhammad ibn Yahya ibn Abdullah al-Naysaburi narrated to us, he said: Bishr ibn Umar al-Zahrani narrated to us, he said: Malik narrated from al-Zuhri, from ‘Ubaydullah ibn Abdullah ibn ‘Utbah, from Ibn Abbas that Umar ibn al-Khattab said: “Allah sent Muhammad and revealed the Book to him, and among what was revealed was the verse of stoning, and we read it and memorized it. The Messenger of Allah (peace be upon him) stoned, and we stoned after him. I fear that if time goes on, someone will say, ‘We do not find the verse of stoning in the Book of Allah,’ and thereby abandon an obligation which Allah revealed. Stoning in the Book of Allah is a duty upon those who commit adultery if they are married, whether men or women, when evidence is established, or there is pregnancy, or confession.”

Through the same chain to Ahmad ibn Shu’ayb, he said: Muhammad ibn Mansur al-Makki narrated to us, he said: Sufyan ibn ‘Uyaynah narrated from al-Zuhri, from ‘Ubaydullah ibn Abdullah ibn ‘Utbah, from Ibn Abbas, who said: I heard Umar say: “I fear that time will pass and someone will say, ‘We do not find stoning in the Book of Allah,’ and thereby go astray by abandoning an obligation revealed by Allah. Verily, stoning is a duty upon those who commit adultery if they are married, with evidence, or pregnancy, or confession, and we had recited it as ‘The elderly man and the elderly woman, stone them absolutely.’ The Messenger of Allah (peace be upon him) stoned, and we stoned after him.”