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Text and translation
English translation
1456. Ibn 'Abbās narrated that the Messenger of Allāh ﷺ said: "Whomever you find doing the actions of the people of Lūṭ then kill the one doing it, and the one it is done to." (Hasan)
[He said:] There are narrations on this topic from Jābir and Abū Hurairah.
[Abū 'Eisā said:] It is only through
this route that we know of this to be a Hadīth of Ibn 'Abbās from the Prophet ﷺ. Muḥammad bin Ishāq reported this Hadīth from 'Amr bin Abī 'Amr, so he said: "Those who do the act of the people of Lūt are cursed." And he did not mention killing in it. He did mention: "Those who have relations with a beast are cursed." This Hadīth has been reported from 'Āsim bin 'Umar, from Suhail bin Abī Šāliḥ, from his father, from Abū Hurairah, from the Prophet ﷺ saying: "Kill the doer and the one it is done to."
[Abū 'Eisā said:] There is some disparagement in its chain of narration, we do not know of anyone who reported it from Suhail bin Abī Šāliḥ besides 'Āsim bin 'Umar Al-'Umarī, and 'Āsim bin 'Umar was graded weak in Hadīth due to his memory.
The people of knowledge differ over the legal punishment for the sodomite. Some of them held the view that he has to be stoned, whether married or not married. This is the view of Mālik, Ash-Šāfi'ī, Aḥmad and Ishāq.
Some of the people of knowledge among the Fuqahā' from the Tābi'īn – among them Al-Ḥasan Al-Baṣrī, Ibrāhīm An-Nakha'ī, 'Aṭā' bin Abī Rabāḥ, and others – said that the legal punishment for the sodomite is the legal punishment for illegal sexual relations. This is the view of Ath-Thawrī and the people of Al-Kūfah.
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Commentary
It is agreed upon that sodomy is unlawful, but there is difference of opinion among the scholars. The punishment of a sodomite, married or unmarried is stoning. 'Ali, Ibn 'Abbās, Jābir bin Zaid, Zuhri, Rabī'ah, Mālik, and Ishāq all support this view. One point of view of Imām Aḥmad and Ash-Shāfi'i is also the same. This is the correct point of view.
