Sunan Abu Dawud

A similar tradition has also been transmitted by Ibrahim and al-Sha’bi from the Prophet (ﷺ) through a different chain of narrators. But this version does not mention the words:He called the witnesses who testified

A similar tradition has also been transmitted by al-Sha’bi through a different chain of narrators

Jabir bin ‘Abd Allah said:The Prophet (ﷺ) had a man and a woman of the Jews who had committed fornication stoned to death

Narrated Al-Bara' ibn Azib: while I was wandering in search of my camels which had strayed, a caravan or some horsemen carrying a standard came forward. The bedouin began to go round me for my position with the Prophet (ﷺ). They came to a domed structure, took out a man from it, and struck his neck. I asked about him. They told me that he had married his father's wife

Narrated Al-Bara' ibn Azib: I met my uncle who was carrying a standard. I asked him: Where are you going? He said: The Messenger of Allah (ﷺ) has sent me to a man who has married his father's wife. He has ordered me to cut off his head and take his property

Narrated An-Nu'man ibn Bashir: Habib ibn Salim said: A man called AbdurRahman ibn Hunayn had intercourse with his wife's slave-girl. The matter was brought to an-Nu'man ibn Bashir who was the Governor of Kufah. He said: I shall decide between you in accordance with the decision of the Messenger of Allah (ﷺ). If she made her lawful for you, I shall flog you one hundred lashes. If she did not make her lawful for you, I shall stone you to death. So they found that she had made her lawful for him. He, therefore, flogged him one hundred lashes. Qatadah said: I wrote to Habib b. Salim; so he wrote this (tradition) to me

Narrated An-Nu'man ibn Bashir: The Prophet (ﷺ) said: about a man who had (unlawful) intercourse with his wife's slave girl: If she made her lawful for him, he will be flogged one hundred lashes; if she did not make her lawful for him, I shall stone him

Narrated Salamah ibn al-Muhabbaq: The Messenger of Allah (ﷺ) made a decision about a man who had intercourse with his wife's slave-girl as follows. If he forced her, she is free, and he shall give her mistress a slave-girl similar to her; if she asked him to have intercourse voluntarily, she will belong to him, and he shall give her mistress a slave-girl similar to her. Abu Dawud said: This tradition has been transmitted by Yunus b. 'Ubaid, 'Amr b. Dinar, Mansur b. Zadhan and Salam from al-Hasan to the same effect. But yunus and Mansur did not mention Qabisah

Narrated Salamah ibn al-Muhabbaq: A similar tradition (to the No. 4445) has also been transmitted by Salamah ibn al-Muhabbaq from the Prophet (ﷺ). This version has: If she asked her to have intercourse with her voluntarily, then she and a similar slave-girl would be given to her mistress from his property

Narrated Abdullah ibn Abbas: The Prophet (ﷺ) 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. Abu Dawud said: A similar tradition has also been transmitted by Sulaiman b. Bilal from 'Amr b. Abi 'Umar. And 'Abbad b. Mansur transmitted it from 'Ikrimah on the authority of Ibn 'Abbas who transmitted it from the Prophet (ﷺ). It has also been transmitted by Ibn Juraij from Ibrahim from Dawud b. Al-Husain from 'Ikrimah on the authority of Ibn 'Abbas who transmitted it from the Prophet (ﷺ)

Narrated Abdullah ibn Abbas: If a man who is not married is seized committing sodomy, he will be stoned to death. Abu Dawud said: The tradition of 'Asim proved the tradition of 'Amir b. Abi 'Amr as weak

Narrated Abdullah ibn Abbas: The Prophet (ﷺ) said: If anyone has sexual intercourse with an animal, kill him and kill it along with him. I (Ikrimah) said: I asked him (Ibn Abbas): What offence can be attributed to the animal/ He replied: I think he (the Prophet) disapproved of its flesh being eaten when such a thing had been done to it. Abu Dawud said: This is not a strong tradition

Asim reported from Abu Razin on the authority of Ibn 'Abbas saying:There is no prescribed punishment for one who has sexual intercourse with an animal. Abu Dawud said: 'Ata is also so. Al Hakam said: I think he should be flogged, but the number should not reach the one of the prescribed punishment. Al-Hasan said: He is like a fornicator. Abu Dawud said: THe tradition of 'Asim proves the tradition of 'Amr b. Abi 'Amr as weak

Narrated Sahl ibn Sa'd: A man came to the Prophet (ﷺ) and made acknowledgment before him that he had committed fornication with a woman whom he named. The Messenger of Allah (ﷺ) sent someone to the woman and he asked her about it. She denied that she had committed fornication. So he gave him the prescribed punishment of lashes and left her

Narrated Abdullah ibn Abbas: A man of Bakr ibn Layth came to the Prophet (ﷺ) and made confession 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 against the woman, and she said: I swear by Allah, Messenger of Allah, that he has lied. Then he was given the punishment of eighty lashes of falsehood

‘Abd Allah (b. Mas’ud) said:A man came to the Prophet (ﷺ) and said: I contacted directly a women at the furthest part of the city (i.e., Medina), and I did with her everything except sexual intercourse. So here I am; inflict any punishment you wish. Thereupon ‘Umar said: Allah has concealed your fault; it would have been better if you also had concealed it yourself. The Prophet (ﷺ) sent a men after him. (When he came) he recited the verse: “And establish regular prayers at the two ends of the day and at the approaches of the night. . .” up to the end of the verse. A man from the people got up and asked: Is it particular to him, Messenger of Allah, or for the people in general? He replied: It is all the people

Abu Hurairah and Zaid b. Khalid al-Juhani said:The Messenger of Allah (ﷺ) was asked about a slave-woman who commits fornication, and she is not married: If she commits fornication, flog her: if she commits fornication again flog her; if only for a rope of hair (dafir). Ibn Shihab: I do not know whether he (the Prophet) said it is a third or a fourth time

Abu Hurairah reported the Prophet (ﷺ) as saying:When the slave-woman of any of you commits fornication, he should inflict the prescribed punishment on her, but not hurl reproaches at her. This is to be done up to three times. If she a fourth time, he should flog her, and sell her even if only for a rope of hair

This tradition has been transmitted by Abu Hurairah from the Prophet (ﷺ). This version has:He said each time: He should give her the appropriate beating according to Allah’s Book, but not Hurl reproaches at her. He said a fourth time: If she does it again, he should give her the appropriate beating according to Allah’s Book, and then should sell her even if only for a rope of hair

Narrated Abu Umamah b. Sahl Hunaif: AbuUmamah ibn Sahl ibn Hunayf said that some companions of the Messenger of Allah (ﷺ) told that one of their men suffered so much from some illness that he pined away until he was skin and bone (i.e. only a skeleton). A slave-girl of someone visited him, and he was cheered by her and had unlawful intercourse with her. When his people came to visit the patient, he told them about it. He said: Ask the Messenger of Allah (ﷺ) about the legal verdict for me, for I have had unlawful intercourse with a slave-girl who visited me. So they mentioned it to the Messenger of Allah (ﷺ) saying: We have never seen anyone (so weak) from illness as he is. If we bring him to you, his bones will disintegrate. He is only skin and bone. So the Messenger of Allah (ﷺ) commanded them to take one hundred twigs and strike him once

Narrated Ali ibn AbuTalib: A slave-girl belonging to the house of the Messenger of Allah (ﷺ) committed fornication. He (the Prophet) said: Rush up, Ali, and inflict the prescribed punishment on her. I then hurried up, and saw that blood was flowing from her, and did not stop. So I came to him and he said: Have you finished inflicting (punishment on her)? I said: I went to her while her blood was flowing. He said: Leave her alone till her bleeding stops; then inflict the prescribed punishment on her. And inflict the prescribed punishment on those whom your right hands possess (i.e. slaves). Abu Dawud said: A similar tradition has been transmitted by Abu al-Ahwas from 'Abd al-A'la, and also by Shu'bah from 'Abd al-A'la. This version has: He said: Do not give her beating until she gives birth to a child. But the former (version) is sounder

Narrated Aisha, Ummul Mu'minin: When my vindication came down, the Prophet (ﷺ) mounted the pulpit and mentioned that, and recited the Qur'an. Then when he came down from the pulpit he ordered regarding the two men and the woman, and they were given the prescribed punishment

The tradition mentioned above (No. 4459) has also been transmitted by Muhammad ibn Ishaq through a different chain of narrators. But he did not mention Aisha. This version has:He (the Prophet) commanded regarding the two men and the woman who spoke obscenity were Hassan ibn Thabit and Mistah ibn Uthathah. An-Nufayl said: It is said that the woman was Hammah daughter of Jahsh

Narrated Abdullah ibn Abbas: The Prophet (ﷺ) did not prescribe any punishment for drinking wine. Ibn Abbas said: A man who had drunk wine and become intoxicated was found staggering on the road, so he was taken to the Prophet (ﷺ). When he was opposite al-Abbas's house, he escaped, and going in to al-Abbas, he grasped hold of him. When that was mentioned to the Prophet (ﷺ), he laughed and said: Did he do that? and he gave no command regarding him. Abu Dawud said: This tradition of al-Hasan b. 'Ali has been transmitted only by the people of Medina

Abu Hurairah said:When a man who had drunk wine was brought to the Messenger of Allah (ﷺ), he said: Beat him. Abu Hurairah said: Some struck him with their hands, some with their garment. When he turned his face, some people said: Allah put you shame! The Messenger of Allah (ﷺ) said: Do not say like that and help the devil to get power over him

The tradition mentioned above has also been transmitted by Ibn al- Had through a different chain of narrators to the same effect. He said after the word “beating”:The Messenger of Allah (ﷺ) then said to his Companions: Reproach him, and they faced him and said: You have not respected Allah, you have not feared Allah and you have not shown shame before the Messenger of Allah (ﷺ). Then they released him. Some have also added similar words

Anas b. Malik said:The Prophet (ﷺ) gave a beating with palm-branches and sandals for drinking wine and Abu Bakr gave lashes. When ‘Umar came to power, he called upon people and said to them: The people are living now near watering placing, and, according to Musaddad’s version, “near villages and watering places, so what do you say about the punishment for (drinking) wine? ‘Abd al-Rahman b. ‘Awf said: We think that you should prescribe the lightest punishment. So he fixed eight lashes for it. Abu Dawud said: It has also been transmitted by Ibn Al 'Arubah from Qatadah from the Prophet (ﷺ) to the effect that he gave a beating forty times with palm branches and sandals. And Shu'bah narrated it from Qatadah on the authority of Anas from Prophet (ﷺ). This version has: He gave a beating with two palm-branches about forty times

Hudayn ibn al-Mundhir ar-Ruqashi, who was AbuSasan, said:I was present with Uthman ibn Affan when al-Walid ibn Uqbah was brought to him. Humran and another man bore witness against him (for drinking wine). One of them testified that he had seen him drinking wine, and the other testified that he had seen him vomiting it. Uthman said: He could not vomit it, unless he did not drink it. He said to Ali: Inflict the prescribed punishment on him. Ali said to al-Hasan: Inflict the prescribed punishment on him. Al-Hasan said: He who has enjoyed its pleasure should also bear its burden. So Ali said to Abdullah ibn Ja'far: Inflict the prescribed punishment on him. He took a whip and struck him with it while Ali was counting. When he reached (struck) forty (lashes), he said: It is sufficient. The Prophet (ﷺ) gave forty lashes. I think he also said: "And AbuBakr gave forty lashes, and Uthman eighty. This is all sunnah (standard practice). And this is dearer to me

Narrated Ali ibn AbuTalib: The Messenger of Allah (ﷺ) and AbuBakr gave forty lashes for drinking wine and Umar made it eighty. And all this is sunnah, the model and standard practice. Abu Dawud said: Al-Asma'i explaning the maxim, "He who enjoys its cold should bear its heat," said: He who enjoys the easy if it should also take the responsibility of the hard of it. Abu Dawud said: Hudain b. al-Mundhir Abu Sasan was the leader of his tribe

Narrated Mu'awiyah ibn AbuSufyan: The Prophet (ﷺ) said: If they (the people) drink wine, flog them, again if they drink it, flog them. Again if they drink it, kill them

The tradition mentioned above has also been transmitted by Ibn ‘Umar through a different chain of narrators to the same effect. This version has :I think he said for the fifth time: If he drinks it, kill him. Abu Dawud said: And similarly the word “a fifth time” occurs in the tradition of Abu Ghutaif

Narrated AbuHurayrah: The Prophet (ﷺ) said: If he is intoxicated, flog him; again if he is intoxicated, flog him; again if he is intoxicated, flog him if he does it again a fourth time, kill him. Abu Dawud said: And there is a similar tradition of Umar ibn AbuSalamah, from his father, on the authority of AbuHurayrah, from the Prophet (ﷺ): If he drinks wine, flog him if he does it so again, a fourth time, kill him. Abu Dawud said: And there is similar tradition of Suhail from Abu Salih on the authority of Abu Hurairah, from the Prophet (ﷺ): It they drink a fourth time, kill them. And there is similar tradition of Ibn Abi Nu'm on the authority of Ibn 'Umar from Prophet (ﷺ). There is also similar tradition of 'Abd Allah b. 'Amr from the Prophet (ﷺ), and from Sharid from the Prophet (ﷺ). And in the tradition of al-Jadli from Mu'awiyah, the Prophet (ﷺ) said: If he does so again third or fourth time, kill him

Narrated Qabisah ibn Dhuwayb: The Prophet (ﷺ) said: If anyone drinks wine, flog him; if he repeats it, flog him, and if he repeats it, flog him. If he does it again a third or a fourth time, kill him. A man who had drunk wine was brought (to him) and he gave him lashes. He was again brought to him, and he flogged him. He was again brought to him and he flogged him. He was again brought to him and he flogged him. The punishment of killing (for drinking) was repealed, and a concession was allowed. Sufyan said: Al-Zuhri transmitted this tradition when Mansur b. al-Mu'tamir amd Mukhawwal b. Rashid were present with him. He said to them: Take this tradition as a present to the people of Iraq. Abu Dawud said: This tradition has been transmitted by al-Sharid b. Suwaid, Sharahbil b. Aws, 'Abd Allah b. 'Amr, 'Abd Allah b. 'Umar, Abu Ghutaif al-Kindi, and Abu Salamah b. 'Abd al-Rahman from Abu Hurairah

’Ali said:I shall not pay blood-money or (he said) : I am not going to pay blood-money for him on whom I inflicted the prescribed punishment except for the one who drank wine, for the Messenger of Allah (ﷺ) did not prescribe anything definite. It is a thing which we have decided (by agreement) ourselves

Narrated AbdurRahman ibn Azhar: I can still picture myself looking at the Messenger of Allah (ﷺ) who was among the camps of the Companions seeking the camp of Khalid ibn al-Walid, when a man who had drunk wine was brought before him. He asked the people: Beat him. Some struck him with sandals, some with sticks and some with fresh branches of the palm-tree (mitakhah). Ibn Wahb said: This (mitakhah) means green palm fronds. Then the apostle of Allah (ﷺ) took some dust from the ground and threw it on his face

Narrated AbdurRahman ibn al-Azhar: A man who had drunk wine was brought before the Prophet (ﷺ) when he was in Hunayn. He threw some dust on his face. He then ordered his Companions and they beat him with their sandals and whatever they had in their hands. He then said to them: Leave him, and they left him. The Messenger of Allah (ﷺ) then died, and AbuBakr gave forty lashes for drinking wine, and then Umar in the beginning of his Caliphate inflicted forty stripes and at the end of his Caliphate he inflicted eighty stripes. Uthman (after him) inflicted both punishments, eighty and forty stripes, and finally Mu'awiyah established eighty stripes

Narrated AbdurRahman ibn Azhar: I saw the Messenger of Allah (ﷺ) on the morning of the conquest of Mecca when I was a young boy. He was walking among the people, seeking the camp of Khalid ibn al-Walid. A man who had drunk wine was brought (before him) and he ordered them (to beat him). So they beat him with what they had in their hands. Some struck him with whips, some with sticks and some with sandals. The Messenger of Allah (ﷺ) threw some dust on his face. When a man who had drunk wine was brought before AbuBakr, he asked them (i.e. the people) about the number of beatings which they gave him. They numbered it forty. So AbuBakr gave him forty lashes. When Umar came to power, Khalid ibn al-Walid wrote to him: The people have become addicted to drinking wine and they look down upon the prescribed punishment and its penalty. He said: They are with you, ask them. The immigrants who embraced Islam in the beginning were with him. He asked them and they agreed on the fact that (a drunkard) should be given eighty lashes. Ali said: When a man drinks wine, he tells lies. I, therefore, think that he should be prescribed punishment that is prescribed for telling lies.. Abu Dawud said: 'Uqail b. Khalid included in the chain of this tradition: "Abd Allah b. Abd al-Rahman b. al-Azhar from his father" between al-Zuhri and Ibn al-Azhar

Narrated Hakim ibn Hizam: The Messenger of Allah (ﷺ) forbade to take retaliation in the mosque, to recite verses in it and to inflict the prescribed punishments in it

Abu Burdah reported the Messenger of Allah (ﷺ) as saying:No more than ten lashes are to be given, except in the case of one of the punishment prescribed by Allah, the Exalted

The tradition mentioned above has also been transmitted by Abu Burdah al-Ansari through a different chain of narrators. This version has:I heard the Messenger of Allah (ﷺ) say. . . He then mentioned the tradition to the same effect

Narrated AbuHurayrah: The Prophet (ﷺ) said: When one of you inflicts a beating, he should avoid striking the face

Narrated Abdullah Ibn Abbas: Qurayzah and Nadir (were two Jewish tribes). An-Nadir were nobler than Qurayzah. When a man of Qurayzah killed a man of an-Nadir, he would be killed. But if a man of an-Nadir killed a man of Qurayzah, a hundred wasq of dates would be paid as blood-money. When Prophethood was bestowed upon the Prophet (ﷺ), a man of an-Nadir killed a man of Qurayzah. They said: Give him to us, we shall kill him. They replied: We have the Prophet (ﷺ) between you and us. So they came to him. Thereupon the following verse was revealed: "If thou judge, judge in equity between them." "In equity" means life for a life. The following verse was then revealed: "Do they seek of a judgment of (the days) ignorance?" Abu Dawud said: Quraizah and al-Nadir were the descendants of Harun the Prophet (peace be upon him)

Narrated AbuRimthah: I went to the Prophet (ﷺ) with my father. The Messenger of Allah (ﷺ) then asked my father: Is this your son? He replied: Yes, by the Lord of the Ka'bah. He again said: Is it true? He said: I bear witness to it. The Messenger of Allah (ﷺ) then smiled for my resemblance with my father, and for the fact that my father took an oath upon me. He then said: He will not bring evil on you, nor will you bring evil on him. The Messenger of Allah (ﷺ) recited the verse: "No bearer of burdens can bear the burden of another

Narrated AbuShurayh al-Khuza'i: The Prophet (ﷺ) said: If a relative of anyone is killed, or if he suffers khabl, which means a wound, he may choose one of the three things: he may retaliate, or forgive, or receive compensation. But if he wishes a fourth (i.e. something more), hold his hands. After this whoever exceeds the limits shall be in grave penalty

Narrated Anas ibn Malik: I never saw the Messenger of Allah (ﷺ) that some dispute which involved retaliation was brought to him but he commanded regarding it for remission

Narrated AbuHurayrah: A man was killed in the lifetime of the Prophet (ﷺ). The matter was brought to the Prophet (ﷺ). He entrusted him to the legal guardian of the slain. The slayer said: Messenger of Allah, I swear by Allah, I did not intend to kill him. The Messenger of Allah (ﷺ) said to the legal guardian: Now if he is true and you kill him, you will enter Hell-fire. So he let him go. His hands were tied with a strap. He came out pulling his strap. Hence he was called Dhu an-Nis'ah (possessor of strap)

Narrated Wa'il ibn Hujr: I was with the Prophet (ﷺ) when a man who was a murderer and had a strap round his neck was brought to him. He then called the legal guardian of the victim and asked him: Do you forgive him? He said: No. He asked: Will you accept the blood-money? He said: No. He asked: Will you kill him? He said: Yes. He said: Take him. When he turned his back, he said: Do you forgive him? He said: No. He said: Will you accept the blood-money? He said: No. He said: Will you kill him? He said: Yes. He said: Take him. After repeating all this a fourth time, he said: If you forgive him, he will bear the burden of his own sin and the sin of the victim. He then forgave him. He (the narrator) said: I saw him pulling the strap

The tradition mentioned above has also been transmitted by 'Alqamah b. Wa'il through a different chain of narrators and to the same effect

Narrated Wa'il (b. Hujr):A man brought an Abyssinian to the Prophet (ﷺ) and said: This man has killed my nephew. He asked: How did you kill him? He replied: I struck his head with axe but I did not intend to kill him. He asked: Have you some money so that you pay his blood-wit? He said: No. He said: What is your opinion if I send you so that you ask the people (for money) and thus collect your blood-wit? He said: No. He asked : Will your masters give you his blood-wit (to pay his relatives)? He said: No. He said to the man. Take him. So he brought him out to kill him. The Messenger of Allah (ﷺ) said: If he kill him, he will be like him. This (statement) reached the man where he was listening to his statement. He said: He is here, order regarding him as you like. The Messenger of Allah (ﷺ) said: Leave him alone. And he once said: He will bear the burden of the sin of the slain and that of his own and thus he will become one of the Companions of Hell. So he let him go

Narrated AbuUmamah ibn Sahl: We were with Uthman when he was besieged in the house. There was an entrance to the house. He who entered it heard the speech of those who were in the Bilat. Uthman then entered it. He came out to us, looking pale. He said: They are threatening to kill me now. We said: Allah will be sufficient for you against them, Commander of the Faithful! He asked: Why kill me? I heard the Messenger of Allah (ﷺ) say: It is not lawful to kill a man who is a Muslim except for one of the three reasons: Kufr (disbelief) after accepting Islam, fornication after marriage, or wrongfully killing someone, for which he may be killed. I swear by Allah, I have not committed fornication before or after the coming of Islam, nor did I ever want another religion for me instead of my religion since Allah gave guidance to me, nor have I killed anyone. So for what reason do you want to kill me? Abu Dawud said: 'Uthman and Abu Bakr (Allah be pleased with them) abandoned drinking wine in pre-Islamic times