Mishkat
al-Masabih

Abu Huraira and Zaid b. Khalid told that two men brought a dispute before God’s Messenger, one of them saying, "Pronounce judgment between us in accordance with God’s Book," and the other saying, "Yes Messenger of God, pronounce judgment between us in accordance with God’s Book, and allow me to speak." He told him to speak and he said, "My son who was a hired servant with this man committed fornication with his wife, and when I was told that my son must be stoned to death I ransomed him with a hundred sheep and a slave girl of mine; but when I asked the learned they told me that my son should receive a hundred lashes and be banished for a year, and that stoning to death applied only to the man’s wife." God’s Messenger replied, "By Him in whose hand my soul is, I shall certainly pronounce judgment between you in accordance with God's Book. Your sheep and your slave girl must be returned to you, and your son shall receive a hundred lashes and be banished for a year. As for you, Unais, go to this man's wife, and if she confesses stone her to death." She confessed and he stoned her. (Bukhari and Muslim.)

Zaid b. Khalid told that he heard God’s Messenger giving command that an unmarried man who committed fornication should receive a hundred lashes and be banished for a year. Bukhari transmitted it.

‘Umar said

‘Ubada b. as-Samit reported the Prophet (ﷺ) as saying, “Receive my teaching, receive my teaching God has appointed a way for those women (Cf. Al-Qur'an, 4

‘Abdallah b. ‘Umar told that the Jews came to God’s Messenger and mentioned to him that a man and a woman of their number had committed fornication. He asked them what they found in the Torah about stoning and they replied that they should disgrace them and that they should be beaten. ‘Abdallah b. Salam then said, “You lie; it contains instruction that they should be stoned to death, so bring the Torah.” They spread it out, and one of them put his hand over the verse of stoning and read what preceded it and what followed it. 'Abdallah b. Salam told him to lift his hand and when he did so the verse of stoning was seen to be in it. They then said, “He has spoken the truth, Muhammad; the verse of stoning is in it.” The Prophet (ﷺ) then gave command regarding them and they were stoned to death. In a version it says that he told him to lift his hand and that when he did so the verse of stoning was clearly in it. The man then said, “It contains the verse of stoning, Muhammad, but we have been concealing it from one another.” He then gave command regarding them and they were stoned to death. (Bukhari and Muslim.)

Abu Huraira told of a man who came to the Prophet (ﷺ) when he was in the mosque and called to him, “Messenger of God, I have committed fornication ” The Prophet (ﷺ) turned away from him, so the man came round facing him and said, “I have committed fornication,” but the Prophet (ﷺ) turned away. Then when he had testified four times the Prophet (ﷺ) called him and said, “Are you mad?” When he replied that he was not he asked him if he was married, and when he replied that he was, God’s Messenger said, “Take him away and stone him to death.” Ibn Shihab said

Ibn ‘Abbas said that when Ma'iz b. Malik came to the Prophet (ﷺ) and he* said, “Perhaps you kissed, or squeezed, or looked,” he replied, “No, Messenger of God.” He then said, “Did you have intercourse with her?” asking the question in plain words, and when he replied that he had, he gave orders that he should be stoned to death. Bukhari transmitted it. * i.e. the Prophet. The tradition leaves it to be inferred that Ma'iz had confessed to committing fornication.

Buraida told that Ma'iz b. Malik came to the Prophet (ﷺ) and said, “Purify me, Messenger of God.” He replied, “Out upon you! Go back, ask God's forgiveness and turn to Him in repentance.” He said that he went back not very far, then came and said, “Purify me, Messenger of God,” and the Prophet (ﷺ) said the same as he had said before. When this went on till a fourth time he asked, “For what am I to purify you?” and he replied that it was because of fornication. God’s Messenger then asked if the man was mad, and when he was told that he was not, he asked if he had drunk wine. A man got up and smelt his breath but noticed no smell of wine, so the Prophet (ﷺ) asked him if he had committed fornication, and when he replied that he had, he gave orders regarding him and he was stoned to death. Two or three days later God’s Messenger came and said, “Ask forgiveness for Ma'iz b. Malik. He has repented to such an extent that if it were divided among a people it would be enough for them all.” Then a woman of Ghamid, a branch of Azd came to him and said, “Purify me, Messenger of God.” He replied, “Out upon you! Go back, ask God’s forgiveness and turn to Him in repentance.” She said, “Do you want to send me back as you did to Ma'iz b. Malik when I am 1 pregnant as a result of fornication?” He asked whether she was referring to herself, and when she replied that she was, he told her to wait till she had given birth to what was in her womb. One of the Ansar became responsible for her till she was delivered of a child, and then went to the Prophet (ﷺ) and told him that the woman of Ghamid had given birth to a child. He said, "In that case we shall not stone her and so leave her child as an infant with no one to suckle him.” One of the Ansar then got up and said, "I shall be responsible for his suckling, Prophet of God." He then had her stoned to death. A version says that he told her to go away till she gave birth to a child, then when she did, he told her to go away and suckle him till she had weaned him. When she had weaned him she brought the boy to him with a piece of bread in his hand and said, "I have weaned this one and he has eaten food." He (hen handed the boy over to one of the Muslims, and when he had given command regarding her and she was put in a hole up to her breast, he ordered the people to stone her. Khalid b. al-Walid came forward with a stone which he threw at her head, and when the blood spurted on his face he cursed her, but the Prophet (ﷺ) said, "Gently, Khalid, By Him in whose hand my soul is, she has repented to such an extent that if one who wrongfully takes an extra tax 2 were to repent to a like extent he would be forgiven." Then giving command regarding her, he prayed over her and she was buried. Muslim transmitted it. 1. The Arabic uses the third person, saying she was pregnant. It may be an explanatory phrase, but I have ventured to treat it as part of the woman's word since this makes the sentence read a little more easily. 2. Sahib maks. Maks was money taken from sellers in the market in pre-Islamic times; it is also used of something taken by a tax-collector over and above that is duo.

Aba Huraira told that he heard the Prophet (ﷺ) say, "When the slave woman of any of you commits fornication and the matter is clear, he should give her the appropriate beating, but not hurl reproaches at her. If she does it again he should give her the appropriate beating, but not hurl reproaches at her. If she does it a third time and the matter is clear he should sell her, even if only for a rope of hair." (Bukhari and Muslim)

Ali said

Abu Huraira told that when Ma'iz al-Aslami came to God’s Messenger and said he had committed fornication he turned away from him. He then came round to the other side and said he had committed fornication, but he turned away from him. He came round again saying he had committed fornication, and when he said it a fourth time God’s Messenger gave command regarding him and he was taken out to the harra and stoned. When he felt the effect of the stones he ran away vigorously till he passed a man who had the jawbone of a camel with which he struck him, and the people struck him till he died. They then mentioned to God’s Messenger that he had fled when he felt the effect of the stones and the touch of death, and he said, “Why did you not leave him alone?” A version has, “Why did you not leave him alone? Perhaps he might have repented and been forgiven by God.” Tirmidhi and Ibn Majah transmitted it.

Ibn ‘Abbas told that the Prophet (ﷺ) asked Ma'iz b. Malik, “Is what I have heard about you true?” He asked what he had heard about him, and he replied that he had heard he had had intercourse with a girl belonging to the family of so and so. When he admitted it, and had acknowledged it four times, he ordered him to be stoned to death. Muslim transmitted it. (Here a tradition by Muslim has been placed in Section II.)

Yazid b. Nu'aim, on his father’s authority, told that Ma‘iz came to the Prophet (ﷺ) and confirmed the matter four times in his presence, so he ordered him to be stoned to death, but said to Hazzal, “If you had covered him with your garment it would have been better for you.” Ibn al-Munkadir said Hazzal had ordered Ma'iz to go to the Prophet and tell him. Abu Dawud transmitted it.

‘Amr b. Shu'aib, on his father’s authority, told that his grandfather, ‘Abdallah b. ‘Amr b. al-‘As, reported God’s Messenger as saying, “Forgive the infliction of prescribed penalties among yourselves, for any prescribed penalty of which I hear must be carried out.” Abu Dawud and Nasa’i transmitted it.

‘A’isha reported the Prophet (ﷺ) as saying, “Forgive the people of good qualities their slips, but not faults to which prescribed penalties apply.” Abu Dawud transmitted it.

She reported God’s Messenger as saying, “Avert the infliction of prescribed penalties on Muslims as much as you can, and if there is any way out let a man go, for it is better for a leader to make a mistake in forgiving than to make a mistake in punishing.” Tirmidhi transmitted it, saying it has been transmitted from her without tracing it to the Prophet, and that is sounder.

Wa’il b. Hujr said that when a woman was forced against her will in the time of God’s Messenger he averted the punishment from her but inflicted it on the one who had molested her. The transmitter did not mention that he appointed a dower to be paid her. Tirmidhi transmitted it.

He said that a woman went out in the time of the Prophet (ﷺ) to go to prayer, and a man who met her attacked her and got his desire of her. She shouted and he went off, and when a company of the Emigrants came by she said, “That man did such and such to me.” They seized the man and brought him to God’s Messenger who said to the woman, “Go away, for God has forgiven you,” but of the man who had had intercourse with her he said, “Stone him to death.” He also said, “He has repented to such an extent that if the people of Medina had repented similarly it would have been accepted from them.” Tirmidhi and Abu Dawud transmitted it.

Jabir said that a man committed fornication with a woman and the Prophet (ﷺ) gave command that he be given the appropriate beating, but on being told afterwards that the man was married he gave command that he should be stoned to death. Abu Dawud transmitted it.

Sa'id b. Sa'd b. ‘Ubada told that Sa'd b. ‘Ubada brought the Prophet (ﷺ) a man deficient in build and sick, a member of the clan, who had been found in the act of having illicit intercourse with a slave woman of theirs. The Prophet (ﷺ) said, “Get for him a stalk of the raceme of a palm-tree with a hundred twigs and strike him once.” It is transmitted in Sharh as-sunna; and there is something similar in Ibn Majah’s version.

‘Ikrima reported on the authority of Ibn ‘Abbas that God’s Messenger said, “If you find anyone doing as Lot’s people did, kill the one who does it and the one to whom it is done.” Tirmidhi and Ibn Majah transmitted it.

Ibn ‘Abbas reported God’s Messenger as saying, “If anyone has sexual intercourse with an animal, kill him and kill it along with him.” Ibn ‘Abbas was asked what offence could be attributed to the animal and replied, “I did not hear anything about that from God’s Messenger, but I think he disapproved of its flesh being eaten or of any use being made of it when such a thing had been done to it.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

Jabir reported God’s Messenger as saying, “The thing I fear most for my people is what Lot’s people did.” Tirmidhi and Ibn Majah transmitted it.

Ibn ‘Abbas told that a man of B. Bakr b. Laith came to the Prophet (ﷺ) and made a statement four times that he had committed fornication with a woman, so he had a hundred lashes administered to him. The man had not been married. He then asked him to produce proof again the woman, and she said, “I swear by God, Messenger of God, that he has lied.” Then he was given the prescribed number of lashes for falsehood. Abu Dawud transmitted it.

‘A’isha said

Nafi' said he was informed by Safiya daughter of Abu ‘Ubaid that one of the Caliph’s slaves had intercourse with a girl who was among the fifth of the booty, forcing her to it against her will, and deflowered her. ‘Umar had him beaten but did not have her beaten because he had forced her against her will. Bukhari transmitted it.

Yazid b. Nu'aim b. Hazzal told on his father’s authority that Ma'iz b. Malik who was an orphan under his father's protection had intercourse with a slave girl belonging to the clan, so his father told him to go and inform God's Messenger what he had done, for he might perhaps ask forgiveness for him. His purpose in that was simply a hope that it might be a way of escape for him. He went to him and said, “Messenger of God, I have committed fornication, so inflict on me the punishment ordained by God.” He turned away from him, so he came back and said, “Messenger of God, I have committed fornication, so inflict on me the punishment ordained by God.” When he had said it four times God’s Messenger said, “You have said it four times. With whom did you commit it?” When he replied that it was with so and so he asked whether he had lain with her and he replied that he had. He asked whether his skin had been in contact with hers and he replied that it had. He then asked whether he had had intercourse with her and he replied that he had. He ordered him to be stoned to death and he was taken out to the harra, but when he felt the effect of the stones and could not bear it he went away quickly. But ‘Abdallah b. Unais encountered him when those who had been stoning him could not catch up on him, threw the bone of a camel’s foreleg at him, hit him and killed him. Then when he went to the Prophet (ﷺ) and mentioned that to him he said, “Why did you not leave him alone,* for perhaps he might have repented and been forgiven by God.” Abu Dawud transmitted it. *The verb is in the plural.

‘Amr b. al-'As told that he heard God's Messenger say, “Fornication will not appear among any people without their being punished by famine, and bribery will not appear among any people without their being punished by terror.” Ahmad transmitted it.

Ibn ‘Abbas and Abu Huraira reported God’s Messenger as saying, “Accursed is he who does what Lot's people did." In a version by him on the authority of Ibn ‘Abbas it says that ‘Ali had the two people concerned burned and that Abu Bakr had a wall thrown down on them. Razin transmitted it.

[Ibn ‘Abbas] reported God’s Messenger as saying, “God who is great and glorious will not look at a man who has intercourse with a man or a woman through the anus." Tirmidhi transmitted it, saying; this is a hasan gharib tradition.

He reported him as saying, “There is no prescribed punishment for one who has intercourse with an animal." Tirmidhi and Abu Dawud transmitted it. Tirmidhi quoted Sufyan ath-Thauri as saying that this is sounder than the first tradition, “Kill him who has intercourse with an animal," (Cf. p. 763) and that the learned act according to this one.

‘Ubada b. as-Samit reported God’s Messenger as saying, “Enforce God’s prescribed punishments on those who are near and those who are distant, and let no one’s blame come upon you regarding [the enforcement of] God’s [punishments]." Ibn Majah transmitted it.

Ibn ‘Umar reported God’s Messenger as saying, “Enforcing one of God’s prescribed punishments is better than forty nights' rain in God’s land." Ibn Majah transmitted it, and Nasa’i transmitted it on the authority of Abu Huraira.

‘A’isha reported the Prophet (ﷺ) as saying, “A thief’s hand should be cut off only for a quarter of a dinar and upwards.” (Bukhari and Muslim).

Ibn ‘Umar said the Prophet (ﷺ) had a thief’s hand cut off for a shield worth three dirhams. (Bukhari and Muslim.)

Abu Huraira reported the Prophet (ﷺ) as saying, “God curse a thief who steals an egg and has his hand cut off, and steals a rope and has his hand cut off!”* (Bukhari and Muslim.) *It has been suggested that baida (egg or steel helmet) should have the latter meaning and that a ship’s rope should be understood, but the translation above is usually accepted as the meaning.

Rafi‘ b. Khadij reported the Prophet (ﷺ) as saying, “The hand is not to be cut off for taking fruit or the pith of the palm-tree.” Malik, Tirmidhi, Abu Dawud, Nasa'i, Darimi and Ibn Majah transmitted it.

‘Amr b. Shu'aib, on his father’s authority, said his grandfather, ‘Abdallah b. ‘Amr b. al-‘As, told that God’s Messenger was asked about fruit which was hung up and said, “If anyone steals any of it after it is put in the place where it is dried and it amounts to the price of a shield, he must have his hand cut off.” Abu Dawud and Nasa’i transmitted it.

‘Abdallah b. ‘Abd ar-Rahman b. Abu Husain al-Makki reported God’s Messenger as saying, “A hand is not to be cut off for fruit which is hung up, or for a sheep stolen by night from the mountain;* but when the sheep is in its fold or the fruit in the place where it is dried a hand is to be cut off for whatever reaches the price of a shield.” Malik transmitted it. * Harisa jabal. It is used either of a sheep or goat stolen before it gets back from the mountain to the fold, or of one guarded in the mountain. The most satisfactory reason for the prescription would seem to be that animals kept in the mountain are not sufficiently protected.

Jabir reported God’s Messenger as saying, "Cutting off the hand is not to be inflicted on one who plunders, but he who does so conspicuously does not belong to us.” Abu Dawud transmitted it.

He reported the Prophet (ﷺ) as saying, “Cutting off the hand is not to be inflicted on one who is treacherous, one who plunders, or one who snatches something.” Tirmidhi, Nasa’i, Ibn Majah and Darimi transmitted it.

It is transmitted in Sharh as-sunna that Safwan b. Umayya came to Medina and slept in the mosque, using his cloak as a pillow. A thief came and took his cloak and Safwan seized him and brought him to God’s Messenger who ordered that his hand should be cut off. Safwan then said, "This was not my intention. I give it to him as sadaqa.” God’s Messenger replied, "Why did you not do so before bringing him to me?” Ibn Majah transmitted something similar on the authority of ‘Abdallah b. Safwan who quoted his father’s authority, and Darimi did so also on the authority of Ibn ‘Abbas.

Busr b. Artat told that he heard God’s Messenger say, "Hands are not to be cut off during a warlike expedition.” Tirmidhi, Darimi, Abu Dawud and Nasa’i transmitted it, but the last two have "journey” in place of "warlike expedition.”

Abu Salama quoted Abu Huraira’s authority to the effect that God’s Messenger said regarding a thief, "If he steals cut off his hand, if he steals again cut off his foot, if he steals again cut off his hand, and if he steals again cut off his foot.” It is transmitted in Sharh as-sunna.

Jabir told that a thief was brought to the Prophet (ﷺ) and he said, "Maim him,* so this was done. He was brought a second time and he said, "Maim him,” so this was done. He was brought a third time and he said, "Maim him,” so this was done. He was brought a fourth time and he said, "Maim him,” so this was done. He was brought a fifth time and he said, "Kill him,” so they took him away and killed him. They then dragged him and cast him into a well and threw stones over him. Abu Dawud and Nasa’i transmitted it. In Sharh as-sunna the Prophet (ﷺ) is reported as saying regarding the maiming of a thief, "Maim him, then cauterise him." * Where there has been one offence I have translated 'cut off the hand’, but here, where the verb 'to cut off’ is used without an object, I have found it more convenient to use a general word. In the previous tradition the hands and feet were mentioned in the Arabic.

Fadala b. 'Ubaid said a thief was brought to God’s Messenger, and when his hand was cut off he gave command that it should be hung on his neck. Tirmidhi, Aba Dawud, Nasa’i and Ibn Majah transmitted it.

Abu Huraira reported God’s Messenger as saying, "When, a slave steals sell him, even though it be for half an uqiyah.”* Abu Dawud, Nasa’i and Ibn Majah transmitted it. * Nashsh, This is half an uqiya, or twenty dirhams.

‘A’isha told that when a thief was brought to God’s Messenger and he had his hand cut off, those who brought him said, "We did not think you would go so far as this with him.” He replied, "If Fatima had been the one, I would have had her hand cut off.” Nasa’i transmitted it.

Ibn 'Umar told that a man brought a slave of his to 'Umar and said, "Cut off his hand, for he has stolen a mirror belonging to my wife.” 'Umar replied, "Cutting off the hand may not be inflicted on him. It is your servant who has taken your belongings.” Malik transmitted it.

Abu Dharr told that God’s Messenger addressed him by name and he replied, "At your service and at your pleasure, Messenger of God.” He said, "How will you do when death 1 smites people and a house, meaning a grave, will cost as much as a slave?” On his replying that God and His apostle knew best, he said, "Show endurance.” Hammad b. [Abu] Sulaiman said that the hand of one who rifles a grave 2 should be cut off because he had entered the deceased’s house. Abu Dawud transmitted it. 1. Here "death” is used as a figure for a severe pestilence. 2. Mirqat, iv, 59, say this is done to steal the shroud.

‘A'isha said Quraish were anxious about the Makhzumi woman who had committed theft and asked, “Who will speak to God’s Messenger about her?” Then they said, “Who will be bold enough for it but Usama b. Zaid, God’s Messenger’s friend?” So Usama spoke to him and God’s Messenger said, “Are you interceding regarding one of the punishments prescribed by God?” He then got up and gave an address, saying, “What destroyed your predecessors was just that when a person of rank among them committed a theft they left him alone, but when a weak one of their number committed a theft they inflicted the prescribed punishment on him. I swear by God that if Fatima daughter of Muhammad should steal I would have her hand cut off.” (Bukhari and Muslim). In a version by Muslim she said that a Makhzumi woman used to borrow goods and deny having received them, so the Prophet (ﷺ) gave orders that her hand should be cut off. Her family went and spoke to Usama and he spoke about her to God's Messenger. Then he mentioned the tradition in similar form to what has preceded.

‘Abdallah b. ‘Umar told that he heard God’s Messenger say, “If anyone’s intercession intervenes as an obstacle to one of the punishments prescribed by God he has opposed God; if anyone disputes knowingly about something which is false he remains in the displeasure of God most high till he desists; and if anyone makes an untruthful accusation against a Muslim he will be made by God to dwell in the corrupt fluid flowing from the inhabitants of hell* till he retracts his statement.” Ahmad and Abu Dawud transmitted it. * Radghat al-khabal. In a version by Baihaqi in Shu'ab al-iman it says, “He who assists in a dispute, not knowing whether it is true or false, will remain in God’s displeasure till he desists.” Baihaqi in Shu'ab al-iman

Abu Umayya al-Makhzumi told that a robber who had made acknowledgment was brought to the Prophet, but no goods were found with him. God’s Messenger said to him, “I do not think you have stolen.” He replied that he had and repeated it to him twice or thrice, making acknowledgment all the time, so he gave orders and his hand was cut off. He was then brought to him and God’s Messenger said to him, “Ask God’s pardon and turn to Him in repentance.” He said, “I ask God’s pardon and turn to Him in repentance.” God's Messenger then said three times, “O God, forgive him.” Abu Dawud, Nasa’i, Ibn Majah and Darimi transmitted it. Thus did I find it in the four texts quoted, in Jami' al-usul, Shu'ab al-iman, and Ma'alim as-sunan on the authority of Abu Umayya, but in the texts of al-Masabih it is given on the authority of Abu Rimtha.* *This is the kind of misunderstanding which can easily arise owing to the similarity of امیۃ and رمثۃ if not carefully written.

Anas told that the Prophet (ﷺ) gave a beating with palm branches and sandals for drinking wine and that Abu Bakr gave forty lashes. (Bukhari and Muslim.) In a version on his authority it says that the Prophet (ﷺ) used to give forty stripes with palm branches and sandals for drinking wine.

As-Sa’ib b. Yazid said

Jabir reported the Prophet (ﷺ) as saying, “Beat anyone who drinks wine, and if he does it a fourth time kill him.” He said that after that a man who had drunk wine four times was brought to the Prophet (ﷺ) and he beat him, but did not kill him. Tirmidhi transmitted it, and Abu Dawud transmitted it on the authority of Qablsa b. Dhu’aib. Another version by both of them and by Nasa’i, Ibn Majah and Darimi on the authority of some of the companions of God’s Messenger, including Ibn ‘Umar, Mu'awiya, Abu Huraira and ash-Sharid, stops at “kill him.”* * This means that they gave only the Prophet’s words, and did not say anything about the man who was not killed.

‘Abd ar-Rahman b. al-Azhar said

Abu Huraira said

Ibn ‘Abbas told that a man who had drunk and become intoxicated was found staggering in the road, so he was taken to God’s Messenger, but when he was opposite al-‘Abbas’s house he escaped, and going in to al-‘Abbas he grasped hold of him. When the Prophet (ﷺ) was told that he laughed and said, “Did he do that?” and he gave no command regarding him. Abu Dawud transmitted it.

‘Umair b. Sa'id an-Nakha‘i told that he heard ‘Ali b. Abu Talib say, “I am not one to have any feelings about a man who dies when I inflict a prescribed punishment on him, with the exception of one who has drunk wine, for if he were to die I would pay blood wit for him. Thai is because God’s Messenger did not lay down any specific custom regarding him.” (Bukhari and Muslim.)

Thaur b. Zaid ad-Dailami told that ‘Umar sought counsel about the prescribed punishment for drinking wine and ‘Ali said to him, “I think you should give one who drinks it eighty lashes, for when he drinks he becomes intoxicated, when he is intoxicated he raves, and when he raves he makes up lies.” So ‘Umar inflicted eighty lashes as the punishment prescribed for drinking wine. Malik transmitted it.

‘Umar b. al-Khattab told that a man called ‘Abdallah whose laqab was Ass used to make the Prophet (ﷺ) laugh. The Prophet (ﷺ) had beaten him because of wine-drinking, but when he was brought to him one day and he gave orders and had him beaten, and then one of those present said, “O God, curse him. How often he is brought!” he said, “Do not curse to him. I swear by God that for all I know he loves God and His messenger." Bukhari transmitted it.

Abu Huraira said

Abu Huraira told that al-Aslami (i.e. Ma’iz. See p. 759) came to the Prophet (ﷺ) and testified four times that he had had illicit intercourse with a woman, while he all the time was turning away from him. Then when he confessed a fifth time he turned round and asked if he had had intercourse with her, and when he replied that he had he asked if he had done it so that his member penetrated hers. He replied that he had, and he asked whether he had done it like a collyrium stick when enclosed in its case and a rope in a well. On his replying that it was so, he asked whether he knew what fornication was and he replied, “Yes, I have done with her unlawfully what a man may lawfully do with his wife.” He then asked what he wanted by what he had said and he replied that he wanted him to purify him, so he gave command and he was stoned to death. Then God’s prophet heard one of his companions saying to another, “Look at this man whose fault was concealed by God but who could not leave the matter alone, so that he was stoned like a dog." He said nothing to them but walked on for a time till he came to the corpse of an ass with its legs in the air. He then asked where so and so and so and so were, and when they replied that they were there he said, “Go down and eat some of this ass’s corpse.” They replied, “Prophet of God, who can eat any of this?” whereupon he said, “The dishonour you have just shown to your brother is more serious than eating some of it. By Him in whose hand my soul is, he is now among the rivers of paradise plunging into them.” Abu Dawud transmitted it.

Khuzaima b. Thabit reported God's Messenger as saying, “If anyone commits a sin and has inflicted on him the prescribed punishment for that sin, it is an atonement for him.” It is transmitted in Sharh as-sunna.

‘Ali reported the Prophet (ﷺ) as saying, “If anyone transgresses and receives his punishment in this world, God is too just to repeat the punishment to His servant in the next; and if anyone transgresses and God conceals it and forgives him, He is too generous to go back upon a thing He has forgiven.” Tirmidhi and Ibn Majah transmitted it, Tirmidhi saying this is a gharib tradition.

Abu Burda b. Niyar reported the Prophet (ﷺ) as saying, “No more than ten lashes are to be given, except in the case of one of the punishments prescribed by God.” (Bukhari and Muslim.)

Abu Huraira reported the Prophet (ﷺ) as saying, “When one of you inflicts a beating he should avoid striking the face.” Abu Dawud transmitted it.

Ibn ‘Abbas reported the Prophet (ﷺ) as saying, “When a man calls another a Jew give him twenty lashes, when he calls someone a mukhannath* give him twenty lashes, and kill anyone who has intercourse with a woman who is within the prohibited degress.” Tirmidhi transmitted it, saying this is a gharib tradition. * Mukhannaths were sexually abnormal men who imitated women. Some of them were signets.

‘Umar reported God’s Messenger as saying, “When you find a man has been unfaithful about spoil in God’s path, burn his goods and beat him.” Tirmidhi and Abu Dawud transmitted it, Tirmidhi saying this is a gharib tradition.

Abu Huraira reported God’s Messenger as saying, “Wine comes from these two trees, the date-palm and the grapevine.” Muslim transmitted it.

Ibn 'Umar told that ‘Umar gave an address on God’s Messenger’s pulpit, saying, “The prohibition of wine has come down (Al-Qur’an, 5

Anas said

'A’isha said that when God’s Messenger was asked about bit’, which is the nabidh* from honey, he replied, “Every liquor which intoxicates is forbidden.” (Bukhari and Muslim.) * Nabidh is a drink made from dates, raisins, honey, wheat, barley, etc. The ingredients were steeped in water in a vessel, and provided the drink was used before fermentation took place it was lawful.

Ibn ‘Umar reported God’s Messenger as saying, “Every intoxicant is khamr and every intoxicant is forbidden. He who drinks wine in this world and dies when he is addicted to it, not having repented, will not drink it in the next.” Muslim transmitted it.

Jabir told of a man who came from the Yemen and asked the Prophet (ﷺ) about a liquor made from millet called mizr which they drank in their country. The Prophet (ﷺ) asked whether it was intoxicating and when he replied that it was, he said, “Every intoxicant is prohibited. God has made a covenant regarding those who drink intoxicants to give them some tinat al-khabal to drink.” He was asked what that was and replied that it was the sweat of the inhabitants of hell, or the discharge of the inhabitants of hell. Muslim transmitted it.

Abu Qatada told that the Prophet (ﷺ) forbade mixing dried dates and unripe dates, mixing raisins and dried dates, and mixing dates beginning to take on colour and fresh dates, and told them to make nabidh from each separately. Muslim transmitted it.

Anas told that the Prophet (ﷺ) was asked about wine which was turned into vinegar* and forbade it. Muslim transmitted it. * This is said to have been done by putting onions or salt in it, or by placing it in the sun.

Wa’il al-Hadrami said that Tariq b. Suwaid asked the Prophet (ﷺ) about wine and he forbade him. When he told him that he made it only as a medicine he replied, “It is not a medicine, but is a disease.” Muslim transmitted it.

‘Abdallah b. ‘Umar reported God’s Messenger as saying, “If anyone drinks wine God will not accept prayer from him for forty days,* but if he repents God will forgive him. If he repeats the offence God will not accept prayer from him for forty days, but if he repents God will forgive him. If he again repeats the offence God will not accept prayer from him for forty days, but if he repents God will forgive him. If he repeats it a fourth time God will not accept prayer from him for forty days, and if he repents God will not forgive him,, but will give him to drink of the river of the fluid flowing from the inhabitants of hell.” Tirmidhi transmitted it, and Nasa’i, Ibn Majah and Darimi transmitted it on the authority of ‘Abdallah b. ‘Amr. * Literally, 'mornings.'

Jabir reported God’s Messenger as saying, “If a large amount of anything causes intoxication, a small amount of it is prohibited.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

‘A’isha reported God’s Messenger as saying, “If a faraq of anything causes intoxication, a handful of it is forbidden.”* Ahmad, Tirmidhi and Abu Dawud transmitted it. * To drink as much as a faraq (see p. 577) would be almost impossible, so the point of the tradition is to forbid anything which might in any conceivable circumstances cause intoxication.

An-Nu‘man b. Bashir reported God’s Messenger as saying, “From wheat wine is made, from barley wine is made, from dried dates wine is made, from raisins wine is made, and from honey wine is made.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it, Tirmidhi saying this is a gharib tradition.

Abu Sa'id al-Khudri said he had wine belonging to an orphan, and when al-Ma'idah (Al-Qur’an, 5) came down he asked God’s Messenger about it, telling him it belonged to an orphan, but he said, “Pour it out.” Tirmidhi transmitted it.

Anas quoted Abu Talha as saying he told God’s Prophet he had bought wine for orphans who were in his charge, and he replied, “Pour out the wine and break the wine-jars.” Tirmidhi transmitted it, but declared it weak. In Abu Dawud’s version it says he asked the Prophet (ﷺ) about orphans who had inherited wine and he said, “Pour it out.” He asked if he might not make vinegar of it and he told him he must not. Abu Dawud

Umm Salama told that God’s Messenger forbade every intoxicant and everything which produces languidness. Abu Dawud transmitted it.

Dailam al-Himyari told that he said, “Messenger of God, we live in a cold land in which we do heavy work and we make a liquor from wheat to get strength from it for our work and, to stand the cold of our country.” He asked whether it was intoxicating, and when he replied that it was, he said they must avoid it. When he replied that the people would not abandon it, he said, “If they do not abandon it fight with them.” Abu Dawud transmitted it.

‘Abdallah b. ‘Amr told that the Prophet (ﷺ) forbade wine, maisir, the kuba and ghubaira,* saying, “Every intoxicant is prohibited.” Abd Dawud transmitted it. *This is a comprehensive tradition not exclusively dealing with intoxicants, although the Prophet’s words might suggest that it does. Maisir was a game of chance and the kuba was a kind of drum wide at the ends and narrow in the middle which was looked on with disapproval. The parts which refer to intoxicants are the wine (khamr) and the ghubaira' which was an intoxicant made by Abyssinians from millet.

He reported the Prophet (ﷺ) as saying, “An undutiful son, a gambler, one who casts up what lie has given, and one who is addicted to wine will not enter paradise.” Darimi transmitted it. A version of his has a bastard instead of a gambler.

Abu Umama reported the Prophet (ﷺ) as saying, “God has sent me as a mercy to the universe and as a guidance to the universe, and my Lord who is great and glorious has commanded me to annihilate stringed instruments, wind instruments, idols, crosses and pre-Islamic customs, and my Lord who is great and glorious has sworn, ‘By my might, none of my servants will drink a mouthful of wine without my giving him a similar amount of pus to drink, but he will not abandon it through fear of me without my giving him drink from the holy tanks'.” Ahmad transmitted it.

Ibn ‘Umar reported God's Messenger as saying, “There are three to whom God has forbidden paradise

Abu Musa al-Ash‘ari reported the Prophet (ﷺ) as saying, “There are three who will not enter paradise

Ibn ‘Abbas reported God’s Messenger as saying, “If one who is addicted to wine dies he will meet God most high in the same condition as an idolater.” Ahmad transmitted it, Ibn Majah transmitted on Abu Huraira’s authority, and Baihaqi, in Shu'ab al-iman, gave it on the authority of Muhammad b. ‘Ubaidallah who quoted his father’s authority. He said that Bukhari in his Ta’rikh mentioned it on the authority of Muhammad b. ‘Abdallah who quoted his father's authority.

Abu Musa used to say