Azami 6936

Imam Ahmad narrated it (2368) from Yaqub and Saad, who both said, "Our father narrated to us, from Ibn Ishaq, who said, 'Muhammad bin Talha bin Yazid bin Rukana narrated to me, from Ismail bin Ibrahim Shaybani, from Ibn Abbas,'" and he related it.Tabarani narrated it in al-Kabir (10/403) and Hakim (4/365), both from another route from Muhammad bin Ishaq, who said, "Muhammad bin Talha bin Yazid bin Rukana narrated to me," with his chain, and in it, "They had both been married, so they asked him to rule that they be stoned, and he stoned them in the courtyard of the masjid." Its isnad is hasan because of Muhammad bin Ishaq, for his hadith is hasan when he explicitly states that he heard it directly.Ismail bin Ibrahim Shaybani is a Hijazi, and trustworthy. Abu Zura deemed him trustworthy, and Ibn Hibban mentioned him in Thiqat. He is among the men of Taajil (47) and not among the men of Tahdhib. As for Ibrahim bin Ismail, also called Ismail bin Ibrahim Sulami, and also called Shaybani, a Hijazi, he is unknown, as Abu Hatim said. Abu Hatim Razi and Ibn Hibban distinguished between the two of them, while Bukhari merged them together, and Mizzi followed him in that.Hakim said, "It is sahih according to the standard of Muslim, and perhaps someone mistaken, who is not among the people of this craft, might imagine that this Ismail Shaybani is unknown, but that is not so, for Amr bin Dinar Athram narrated from him." End of quote.On this subject there is also what was narrated from Abu Hurairah, who said, "The first person stoned by the Messenger of Allah ﷺ was from among the Jews."Abu Dawud narrated it (4450) from Muhammad bin Yahya, "Abdul-Razzaq narrated to us" and it is in his Musannaf (13330), "Mamar informed us, from Zuhri, 'A man from Mazina, one of those who follow knowledge and retain it, narrated to us while we were with Saeed bin Musayab, and he narrated to us from Abu Hurairah, who said, "A man from the Jews and a woman committed adultery, so some of them said to others, 'Let us go to this prophet, for he is a prophet sent with leniency. If he gives us a ruling short of stoning we will accept it and use it as an argument before Allah, saying, this is the ruling of a prophet among Your prophets.' So they came to the Prophet ﷺ, who was sitting in the masjid among his companions, and said, 'O Abu Qasim, what is your view regarding a man and a woman who committed adultery?' He did not say a word to them until he came to the house of their study hall. He stood at the door and said, 'I adjure you by Allah, who revealed the Torah to Musa, what do you find in the Torah concerning one who commits adultery after having been married?' They said, 'His face is blackened, he is subjected to public disgrace, and he is flogged.' Public disgrace means that the two adulterers are carried on a donkey with their backs facing each other, and they are paraded around."'"He said, "A young man among them remained silent, and when the Prophet ﷺ saw him remaining silent, he pressed him insistently with the oath. So he said, 'O Allah, since you have adjured us, we do find stoning in the Torah.' The Prophet ﷺ said, 'What then was the first matter in which you made Allah's command lenient?' He said, 'A relative of one of our kings committed adultery, so the stoning was deferred for him. Then a man from a certain family committed adultery, and he wanted to stone him, but his people intervened and said, our companion will not be stoned until you bring your companion and stone him. So they agreed among themselves on this punishment instead.' The Prophet ﷺ said, 'I will judge by what is in the Torah.' So he ordered them both, and they were stoned."Zuhri said, "It has reached us that this verse was revealed concerning them, "Indeed We sent down the Torah in which there is guidance and light, by which the prophets who submitted judged" [Maidah 5:44]. The Prophet ﷺ was among them."Imam Ahmad narrated it (6385) from Abdul-Razzaq with his chain, in shortened form. Abu Dawud also narrated it (4451) from another route, from Muhammad bin Ishaq, from Zuhri, who said, "I heard a man from Mazina narrating to Saeed bin Musayab, from Abu Hurairah, who said, 'A man and a woman from the Jews committed adultery, and both had been married, when the Messenger of Allah ﷺ came to Madinah.'"Stoning had been prescribed for them in the Torah, but they abandoned it and adopted public disgrace instead, whereby the offender is struck a hundred times with a rope coated in tar, and is carried on a donkey with his face toward the donkey's rear. So some of their rabbis gathered together and sent other people to the Messenger of Allah ﷺ, saying, "Ask him about the punishment for the adulterer." He then related the hadith, and in it he said, "They were not of his religion for him to judge between them, so he was given the choice in that matter." He said, "So if they come to you, judge between them or turn away from them" [Maidah 5:42].Bayhaqi narrated it (8/247) through the route of Abu Dawud, and in it also there is "a man from Mazina" who is not named.The story of the stoning of the Jewish man and woman has been narrated both in shortened and lengthened forms. Its summary is that a Jewish man and a Jewish woman had committed adultery, and the Prophet ﷺ ruled that they be stoned.In detail, the Jews came to the Prophet ﷺ while he was in the masjid and asked him to come to the house of their study hall. They brought before him a man and a woman who had committed adultery, and asked him to rule between them, thinking that if he ruled with leniency and gave a verdict short of stoning, they would accept it and use it as an argument before Allah, saying, "This is the ruling of a prophet among Your prophets." So he asked them what they found in the Torah. At first they did not disclose the stoning, and one of them even placed his hand over the passage concerning stoning. Then he adjured them, and Ibn Suriya said, "We find stoning in the Torah." So he ordered the two of them to be stoned after they confessed to the adultery, or after it was established by witnesses. The Prophet ﷺ said, "O Allah, I am the first to revive Your command after they had killed it."This confirms the truth of Allah's statement, "Indeed We sent down the Torah in which there is guidance and light, by which the prophets who submitted judged" [Maidah 5:44], because they had abandoned the practice of stoning, even though it is established for them in the Torah, as in the Book of Leviticus, chapter twenty. Stoning was, for them, a form of severe punishment for adultery, for idol worship, for desecrating the Sabbath, and for other offenses, just as one of their punishments was burning alive with fire. Stoning was not confined to the Jews, for the Macedonians, the Persians, and others also used it. So there is no objection to Islam for confirming stoning, since the Quran confirms the Torah and has authority over it.Allah gave the Prophet ﷺ the choice, whenever the people under his protection asked him to judge between them, by saying, "So if they come to you, judge between them or turn away from them. And if you turn away from them, they will not harm you at all. But if you judge, judge between them with justice. Indeed, Allah loves those who act justly" [Maidah 5:42]. Then He said, "But how is it that they come to you for judgment while they have the Torah, in which is the judgment of Allah? Then they turn away, even after that, and those are not believers" [Maidah 5:43]. Then He said, "Indeed We sent down the Torah in which there is guidance and light" [Maidah 5:44]. So when Allah gave him the choice to judge between them or turn away from them, the Prophet ﷺ chose to judge by what was in their scriptures.This is the detailed story of the stoning of the Jewish man and woman, and there is no inconsistency in it, as some people have supposed.The scholars differed regarding ruling over the people under protection. Shafii said the ruler has the choice, as the Quran states explicitly. Abu Hanifa said the ruler must judge them in all cases. I say, perhaps he said that in order to establish justice and remove oppression within the Islamic state among its subjects, since this is among the requirements of governance in a country. For if the people under protection were left to their own affairs among themselves, great corruption would occur within the state.As for what appears in Sahih Bukhari (3849) from Amr bin Maymun, who said, "I saw, during the pre-Islamic era, a group of monkeys gathered around a female monkey that had committed adultery, and they stoned her, and I stoned her along with them." Ibn Abdul-Barr and others objected to this story of Amr bin Maymun, saying that it attributes adultery to one who is not morally accountable, and imposes a legal punishment upon animals, and this is rejected among the scholars.The response to this is that Imam Bukhari, may Allah have mercy on him, did not mention this story in the Book of Legal Punishments so that one would understand from it the imposition of a legal punishment upon animals. Rather, he mentioned it in the Book of the Virtues of the Ansar, in the chapter on oath-based accusation during the pre-Islamic era. Amr bin Maymun was among those who lived through both the pre-Islamic era and Islam, and he is relating to us what he himself witnessed. It does not follow that, because it had the form of adultery and stoning, it was actually adultery in the true sense. Rather, the term was applied to it because of its resemblance to it.Moreover, animals possess sensibilities that a human being cannot even imagine. Abu Ubayda Mamar bin al-Muthanna mentioned in his book Kitab Khayl, through the route of Uzai, that a colt was brought to mate with its own mother, but it refused. So it was placed in an enclosed room and covered with a cloak, and it was made to mate, and it did mate. But when it caught the scent of its mother, it turned to its own member and severed it with its teeth at the root. If such understanding exists in horses, despite their being further removed in intelligence than monkeys, then its occurrence in monkeys is all the more plausible.See Fath al-Bari (7/161).