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English translation
2554. It was narrated that Abu Hurairah said: "Mâ'iz bin Mâlik came to the Prophet ﷺ and said: 'I have committed fornication,' and he (the Prophet ﷺ) turned away from him. He said: 'I have committed fornication,' and he turned away from him. He said: 'I have committed fornication,' and he turned away from him. Then, he said: I have committed
fornication, and he turned away from him, until when he had confessed four times, he ordered that he should be stoned. When he was being struck with the stones, he ran away, but a man caught up with him who had a camel's jawbone in his hand; he struck him and he fell down. The Prophet ﷺ was told about how he fled when the stones hit him, and he said: 'Why did you not let him be?''' (Hasan)
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Commentary
The crime of fornication is confirmed by confession.
This incident proves the greatness of Mā'iz bin Mālik, since he accepted laying his life down only for the fear of Allāh.
Legal punishments should be executed outside of the mosque premises. If some one confesses his crime of fornication and afterwards renounces his confession, he should not be punished. Imām Tirmidhi has inferred this conclusion from this incident. (Jāmi' Tirmidhi 1428)
