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English translation
1429. Jābir bin 'Abdullāh narrated: "A man from the tribe of Aslam came to the Prophet ﷺ and confessed to adultery. He turned away from him, then he confessed (again). Then he turned away from him (again) until he had testifieded against himself four times. So the Prophet ﷺ said: "Are you insane?" He said: "No" He said: "Are you married?" He said: "Yes." So he gave the order and he was stoned at the Mušalla. He ran when he was struck by the stones, and he was caught and stoned until he died. So the Messenger of Allāh ﷺ spoke well of him but he did not perform the (funeral) Ṣalāt for him. (Sahih)
[Abū 'Eisā said:] This Hadīth is Hasan Sahih. This Hadīth is acted upon according to some of the people of knowledge, the punishment is carried out for one who confesses against himself regarding adultery when he does so four times. This is the view of Aḥmad and Ishāq. Some of the people of knowledge said that the punishment is carried out when he affirms it one time. This is the view of Mālik bin Anas and Ash-Shāfi'i. Those who hold this view use the Hadīth of Abū Hurairah and Zaid bin Khālid as proof, in which two men disputed with the Messenger of Allāh ﷺ. One of them said: "O
Messenger of Allāh! My son had unlawful sexual relations with this man's wife." And it is a lengthy Hadīth. The Prophet ﷺ said: "O Unais! Go to this man's wife and if she confesses then stone her." And he did not say: "If she confesses four times."
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Commentary
An adulterer who admits his sin, but his sin is still hidden from the people, should be given a chance to refuse to admit his sin. If he refuses, he should be spared the punishment.
