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Text and translation
English translation
1437. Jābir bin Samurah narrated that the Prophet ﷺ stoned a Jew and a Jewess. (Sahīh)
He said: There are narrations on this topic from Ibn ‘Umar, Al-Barā’, Jābir, Ibn Abī Awfā, ‘Abdullāh bin Al-Hārīth bin Jaz’, and Ibn ‘Abbās.
[Abū 'Eisā said:] The Hadīth of Jābir bin Samurah is a Hasan Gharīb Hadīth. This is acted upon according to most of the people of knowledge, they said that when the people of the Book dispute and they bring their case to the Muslim judge, then he judges between them according to the Book and the Sunnah with the laws of (Sharī'ah) the Muslims. This is the view of Ahmad and Ishāq. Some of them said that the punishment of adultery is not carried out on them. But the first view is more correct.
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Commentary
It is clear from this narration that if a law-suit is lodged in an Islamic Court by non-Muslims, the case will be decided according to Islamic Law. They were asked to bring the Taurah (Torah) just to prove to them that Islamic punishment is the same which has been prescribed in the Taurah. (See for details Sahih Muslim v.2. p69. and Tuhfat Al-Ahwadhi v.2. p.325 and Takmilah. v.2. p.471-474.)
