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Text and translation
English translation
2606. It was narrated that Salamah bin Muhabbiq said: "When the Verse of legal
punishments was revealed, it was said to Abu Thâbit, Sa'd bin 'Ubâdah, who was a jealous man: 'If you found another man with your wife, what would you do?' He said: 'I would strike them both with the sword; do you think I should wait until I bring four (witnesses) and he has satisfied himself and gone away? Or should I say I saw such and such, and you will carry out the legal punishment punishment on me (for slander) and never accept my testimony thereafter?' Mention of that was made to the Prophet ﷺ and he said: 'The sword is sufficient as a witness.'[1] Then he said: 'No, (on second thought) I am afraid that the drunkard and the jealous would pursue that.'"[2] (Da'if)
Abu 'Abdullâh — meaning Ibn Mâjah — said: "I heard Abu Zur'ah saying: 'This is a Hadith of 'Ali bin Muhammad At-Tanâfisi, I did not hear it from him.'"[2]
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Commentary
If a person finds a couple performing sexual intercourse, and he catches them red-handed, even then he is not allowed to kill them.
He needs three more male persons to see them performing the action.
It is the right of the court to pass the judgment and punish them accordingly, stoning or whipping.
The wisdom behind producing witnesses is to stop the killing of innocent
people on the basis of personal enmity. If the condition of four eye witnesses is not there, anybody may kill anyone, and say that he found him engaged in illegal sex. This will open the way to killing innocent people. If anybody finds his wife involved in illegal sexual intercourse with someone, he can choose the way of Li'ân and divorce her, but taking the law in his own hands and killing her is not proper.
e. The words of Sa'd bin 'Ubâdah show his sense of dignity and courage. The Noble Prophet ﷺ praised this, but did not allow him to take the law in his own hands.
