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English translation
5412. It was narrated from Abū Hurairah and Zaid bin Khālid Al-Juhanī that two men referred a dispute to the Messenger of Allāh ﷺ. One of them said: "O Messenger of Allāh, pass judgment between us according to the Book of Allāh." The other, who was wiser, said: "Yes, O Messenger of Allāh, and allow me to speak." He said: "My son was a laborer serving
this man, and he committed Zinâ with his wife. They told me that my son was to be stoned to death, but I ransomed him with one hundred sheep and a slave girl of mine. Then I asked the people of knowledge, who told me that my son was to be given one hundred lashes and exiled for a year, and that his (the man's) wife was to be stoned to death." The Messenger of Allâh ﷺ said: "By the One in Whose hand is my soul, I will pass judgment between you according to the Book of Allâh. As for your sheep and your slave girl, take them back." Then he gave his son one hundred lashes, and exiled him for one year, and he ordered Unais to go to the wife of the other man and if she confessed, to stone her to death. She did confess, so he stoned her to death. (Sahîh)
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Commentary
1. 'I ransomed him (I gave one hundred goats and a slave girl as ransom or appeasement)': He thought adultery with someone's wife is the infringement of her husband's right. He should, therefore, be appeased. On the contrary, it is the violation of the commandment of the Divine law, which is connected with the society. Hence, this crime would not be pardoned due to the husband forgiving it; rather, after being taken to the court, prescribed legal punishment shall assuredly be given.
2. 'He was given one hundred lashes', because he had confessed to it. The crime had been proved.
3. 'Go to the man's wife': The chapter's argumentation is founded upon these words, that instead of summoning the woman to the judiciary, Allâh's Messenger ﷺ sent his official to her house. If, however, investigations are not completed at home, women may be summoned to the court of law, although, it is better that the investigations are completed at homes in the case of women.
