‘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 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 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 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 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 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 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.

When my vindication came down (Al-Qur’an, 24:11 ff) the Prophet mounted the pulpit and mentioned that. Then when he came down from the pulpit he ordered that the two men and the woman* should be given the prescribed beating. Abu Dawud transmitted it. *The men are said to have been Mistah b. Uthatha and Hassan b. Thabit, and the woman Hamna daughter of Jahsh. Ibn 'Abd al-Barr, Istiab. p. 285, says Mistah was beaten, but he does not commit himself on p. 127 about Hassan, or on p. 714 about Hamna.

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.

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 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 had a thief’s hand cut off for a shield worth three dirhams. (Bukhari and Muslim.)

Abu Huraira reported the Prophet 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 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.

He reported the Prophet 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.

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 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.

Jabir reported the Prophet 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 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.

‘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 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 used to give forty stripes with palm branches and sandals for drinking wine.

When a drinker was brought in the time of God’s Messenger, during Abu Bakr’s Caliphate and in the beginning of ‘Umar’s Caliphate, we beat him with our hands, sandals and cloaks, but at the end of ‘Umar’s Caliphate he inflicted forty stripes, and when people were immoderate and excessively wicked he inflicted eighty stripes. Bukhari transmitted it.

When a man who had drunk wine was brought to God’s Messenger he told us to beat him, and some struck him with their hands, some with their garments and some with their sandals. He then told them to reproach him, and they faced him and said, “You have not respected God, you have not feared God, and you have not shown shame before God’s Messenger.” But when some of the people said, “God put you to shame!” he told them not to say that and help the devil to get power over him, but to say, “O God, forgive him. O God show mercy to him.” Abu Dawud transmitted it.

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 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 laugh. The Prophet 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.

When a man who had been drinking was brought to the Prophet he told those present to beat him, so some of us beat him with their hands, some with their sandals and some with their garments. Then when the man went away and one of those present said, “God shame you!’' the Prophet said, “Do not say such a thing. Do not help the devil to get power over him.” Bukhari transmitted it.

Abu Huraira told that al-Aslami (i.e. Ma’iz. See p. 759) came to the Prophet 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.

Abu Burda b. Niyar reported the Prophet 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 as saying, “When one of you inflicts a beating he should avoid striking the face.” Abu Dawud transmitted it.

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

grapes, dates, wheat, barley and honey. Wine (khamr) is what infects (khamara) the mind.” Bukhari transmitted it.

Wine was forbidden when it was forbidden (i.e. by the Qur’an), but we get only a little of the wine from grapes, most of our wine being from unripe dates and dry dates. Bukhari transmitted it.

Jabir told of a man who came from the Yemen and asked the Prophet about a liquor made from millet called mizr which they drank in their country. The Prophet 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.