Maez bin Malik was an orphan under the guardianship of my father. He had relations with a young woman from the neighborhood, and my father said to him, "Go to the Messenger of Allah ﷺ and tell him what you have done. Perhaps he will seek forgiveness for you." My father intended this only in the hope that it would provide him a way out.So he went to him and said, "Messenger of Allah, I have committed adultery, so carry out upon me the punishment prescribed in the Book of Allah."The Prophet turned away from him. He came back and said, "Messenger of Allah, I have committed adultery, so carry out upon me the punishment prescribed in the Book of Allah."He repeated this until he had said it four times.The Messenger of Allah ﷺ said, "You have said it four times now. With whom?"He replied, "With so-and-so."He asked, "Did you lie down with her?"He answered, "Yes."He asked, "Did you have intimate contact with her?"He answered, "Yes."He asked, "Did you have intercourse with her?"He answered, "Yes."So he ordered that he be stoned, and he was taken out to the Harrah. When he was being stoned and felt the strike of the stones, he panicked and ran off fleeing. Abdullah bin Unays met him after his companions had grown weary, so he pulled out the shank-bone of a camel and threw it at him, killing him.Then he came to the Prophet ﷺ and told him what had happened. He said, "Why did you not leave him? Perhaps he would have repented and Allah would have accepted his repentance."
كان ماعز بن مالك يتيما في حجر أبي. فأصاب جارية من الحي فقال له أبي: ائت رسول الله ﷺ فأخبره بما صنعت لعله يستغفر لك، وإنما يريد بذلك رجاء أن يكون له مخرجا، فأتاه فقال: يا رسول الله إنى زنيت فأقم علي كتاب الله. فأعرض عنه فعاد فقال: يا رسول الله إنى زنيت فأقم علي كتاب الله. حتى قالها أربع مرار. قال ﷺ: إنك قد قلتها أربع مرات فبمن؟ قال بفلانة قال: هل ضاجعتها قال: نعم. قال: هل باشرتها قال: نعم. قال: هل جامعتها. قال: نعم. قال: فأمر به أن يرجم فأخرج به إلى الحرة. فلما رجم فوجد مس الحجارة جزع فخرج يشتد، فلقيه عبد الله بن أنيس وقد عجز أصحابه فنزح له بوظيف بعير فرماه به فقتله، ثم أتى النبي ﷺ فذكر ذلك له فقال: هلا تركتموه لعله أن يتوب فيتوب الله عليه.
Abu Dawud (4419) narrated it from Muhammad bin Sulayman Anbari, who said, Waki narrated to us, from Hisham bin Saad, who said, Yazid bin Nuaym bin Hizaal informed me, from his father, who said, Maiz bin Malik was an orphan under the guardianship of my father.Imam Ahmad (21890) narrated it from Waki, and added at the end that Hisham said, Yazid bin Nuaym bin Hizaal narrated to me, from his father, that the Messenger of Allah ﷺ said to my father when he saw him, "By Allah, Hizaal, if you had covered him with your garment, that would have been better than what you did with him." Its chain of transmission is hasan because of Yazid bin Nuaym bin Hizaal and his father Nuaym, for both of them make the hadith hasan. It has been said that Nuaym bin Hizaal had companionship with the Prophet. As for Hizaal, he is the son of Yazid Aslami, the companion with whom Maiz was staying and who had relations with a slave girl belonging to him.Hakim (4/363) narrated it by way of Abu Dawud Tayalisi, from Shubah, from Yahya bin Saeed, from Muhammad bin Munkadir, from Ibn Hizaal, from his father, that the Messenger of Allah ﷺ said, "Hizaal, if you had covered him with your garment, that would have been better for you." Shubah said, Yahya said, I mentioned this hadith at a gathering in which Yazid bin Nuaym bin Hizaal was present, and Yazid said, "This is true, it is true, and it is the hadith of my grandfather."Hakim said, "This is a hadith sahih in its chain of transmission. Abu Dawud alone transmitted this addition from Shubah."I say, rather Hisham bin Saad also narrated this addition, as has already been mentioned.