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Major Sins and Imaan (Hadith No. 2152)

Bismillah.

Volume 3, Book 43, Number 655:
Narrated Abu Huraira (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) said, “When an adulterer commits illegal sexual intercourse, then he is not a believer at the time he is doing it, and when a drinker of an alcoholic liquor drinks it, then he is not a believer at the time of drinking it, and when a thief steals, then he is not a believer at the time of stealing, and when a robber robs, and the people look at him, then he is not a believer at the time of doing robbery.

A believer who indulges in a major sin cannot possibly have the fear/consciousness of Allah while he’s committing the sin. Iman increases and decreases, and sometimes it just goes too low.

Only sincere repentance can wipe out these sins from our slate, nothing else.

Al-Tirmidhi narrated that Anas ibn Malik (may Allah be pleased with him) said: I heard the Messenger of Allah (peace and blessings of Allah be upon him) say: “Allah, may He be blessed and exalted, said: ‘O son of Adam, so long as you call upon Me and ask of Me, I shall forgive you for what you have done, and I shall not mind. O son of Adam, were your sins to reach the clouds of the sky and were you then to ask forgiveness of Me, I would forgive you and I would not mind.’” [Saheeh al-Tirmidhi]

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Guilty as Charged (Hadith No. 2005)

Bismillah.

Volume 3, Book 38, Number 508 :
Narrated by Zaid bin Khalid and Abu Huraira (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) said, “O Unais! Go to the wife of this (man) and if she confesses (that she has committed illegal sexual intercourse), then stone her to death.”

In Muslim (1698), there’s an addition to this narration:

“..He said: I went to her the next day and she admitted it, so the Messenger of Allaah (peace and blessings of Allaah be upon him) ordered that she be stoned.”

The evidences to charge one with guilt are only three according to Islamic Shariah. They are testimony of witnesses, confession, and taking an oath.
A judge of Islamic Shariah is not allowed to carry out the legal punishment (Hudood) without having the legal evidence to prove guilt of the accused.
However, it is liable for a judge in an Islamic court to punish a person just to discourage further criminal behavior when there are indications of his criminality, if it is useful.

Who should carry out the hadd punishment for zinaa (adultery)? Read on it here.

 

Selling the Sinful Slave Girl (Ahadith 1857 – 1858)

Bismillah.

Ahadith 1855 & 1856 are repeats. They’re a summary of most of the things we’ve learnt in the Book of Sales and Trade that are prohibited.

Volume 3, Book 34, Number 360 :
Narrated by Abu Huraira (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Do not go forward to meet the caravan (to buy from it on the way before it reaches the town). And do not urge buyers to cancel their purchases to sell them (your own goods) yourselves, and do not practice Najsh. A town dweller should not sell the goods for the desert dweller. Do not leave sheep unmilked for a long time, when they are on sale, and whoever buys such an animal has the option of returning it, after milking it, along with a Sa of dates or keeping it. it has been kept unmilked for a long period by the seller (to deceive others).

Volume 3, Book 34, Number 361 :
Narrated by Abu Huraira (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Whoever buys a sheep which has been kept unmilked for a long period, and milks it, can keep it if he is satisfied, and if he is not satisfied, he can return it, but he should pay one Sa of dates for the milk.”

Today’s Ahadith:

Volume 3, Book 34, Number 362 :
Narrated by Abu Huraira (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) said, “If a slave-girl commits illegal sexual intercourse and it is proved beyond doubt, then her owner should lash her and should not blame her after the legal punishment. And then if she repeats the illegal sexual intercourse he should lash her again and should not blame her after the legal punishment, and if she commits it a third time, then he should sell her even for a hair rope.”

Volume 3, Book 34, Number 363 :
Narrated by Abu Huraira and Zaid bin Khalid (radiallaahu `anhumaa)
Allah’s Apostle (sallallaahu `alayhi wasallam) was asked about the slave-girl, if she was a virgin and committed illegal sexual intercourse. The Prophet (sallallaahu `alayhi wasallam) said, “If she committed illegal sexual intercourse, lash her, and if she did it a second time, then lash her again, and if she repeated the third time, then sell her even for a hair rope.” Ibn Shihab said, “I don’t know whether to sell her after the third or fourth offense.”

This is for an unmarried, virgin slave girl. The punishment for a married slave girl is mentioned in Surah an-Nisa: 25.

Punishment is only prescribed when the crime is proved beyond doubt. Lashes for the first two times and selling off for even the lowest price the third time around without lashes. Why? Because if lashes don’t do her any good, changing her master and surroundings just might.

Jews go to Muslims for Justice (Hadith No. 1112)

Bismillah.

Volume 2, Book 23, Number 413:

Narrated ‘Abdullah bin ‘Umar :

The Jew brought to the Prophet a man and a woman from amongst them who have committed (adultery) illegal sexual intercourse. He ordered both of them to be stoned (to death), near the place of offering the funeral prayers beside the mosque.”

There are various aspects to this Hadith. The one I like the most is: how awesome a leader Muhammad (SAW) was, and how just the Islamic court was, that the Jews used to come to the Muslims to solve their issues. They had the freedom to go to their own courts, and get judged by their own Sharee`ah, but they preferred coming to the Prophet (SAW) because they knew they will be treated with justice, no matter what.

Prophet (SAW) was truly awesome, don’t you think? <3

Wassalam.

Li’an (Hadith No. 415)

Salam,
Bismillah.

Volume 1, Book 8, Number 415:

Narrated Sahl bin Sa’d:

A man said, “O Allah’s Apostle! If a man finds another man with his wife, (committing adultery) should the husband kill him?” Later on I saw them (the man and his wife) doing Li’an in the mosque.

Li’an is an Islamic legal term meaning the mutual act of swearing is carried out before a judge when a husband accuses his wife of adultery and cannot prove it with four witnesses.
Read more on it here.

And by the way, the answer to the man’s question about killing the adulterer is a no. Li’an is the right thing to do.

Oh, and li’an can be done in a mosque as well, as in this particular Hadith.

Wassalam.

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