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Chapter 350
دوﺪﺤﻟا ﻲﻓ ﺔﻋﺎﻔﺸﻟا ﻢﻳﺮﺤﺗ بﺎﺑ
Undesirability of Intercession in Hudud
Allah, the Exalted, says:
"
The woman and the man guilty of illegal sexual intercourse, flog each of them with a hundred stripes. Let
not pity withhold you in their case, in a punishment prescribed by Allah, if you believe in Allah and the Last
Day.
'' (24:2)
1770
ﺎَﻬْﻨَﻋ ُﻪﱠﻠﻟا َﻲِﺿر َﺔَﺸِﺋﺎَﻋ ْﻦَﻋَو
اﻮُﻟﺎَﻘَﻓ ْﺖَﻗَﺮَﺳ ﻲﺘﱠﻟا ِﺔﱠﻴِﻣوُﺰْﺨﻤﻟا ِةَأْﺮﻤﻟا ُنْﺄَﺷ ْﻢُﻬﱠﻤَهَأ ًﺎﺸْﻳَﺮُﻗ ﱠنَأ ،
:
ْﻦﻣ
اﻮُﻟﺎَﻘَﻓ ، ﻢﱠﻠَﺳو ِﻪْﻴَﻠَﻋ ُﷲا ﻰّﻠَﺻ ﻪﱠﻠﻟا َلﻮُﺳَر ﺎﻬﻴﻓ ُﻢﱢﻠَﻜُﻳ
:
ِﻪﱠﻠﻟا ِلﻮﺳر ﱡﺐِﺣ ،ٍﺪﻳَز ُﻦْﺑ ُﺔَﻣﺎَﺳُأ ﱠﻻِإ ِﻪْﻴَﻠَﻋ ُءيﺮَﺘْﺠَﻳ ْﻦَﻣَو
ُﷲا ﻰّﻠَﺻ
ﻢﱠﻠَﺳو ِﻪْﻴَﻠَﻋ ُﷲا ﻰّﻠَﺻ ِﻪﱠﻠﻟا ُلﻮُﺳَر َلﺎَﻘَﻓ ُﺔَﻣﺎَﺳُأ ُﻪَﻤﱠﻠَﻜَﻓ ، ﻢﱠﻠَﺳو ِﻪْﻴَﻠَﻋ
:
»
ِﻪﱠﻠﻟا ِدوُﺪُﺣ ْﻦِﻣ ﱟﺪَﺣ ﻲﻓ ُﻊَﻔْﺸَﺗَأ
؟ ﻰﻟﺎَﻌَﺗ
«
َلﺎَﻗ ﱠﻢُﺛ ﺐﻄﺘﺣﺎﻓ مﺎﻗ ﻢﺛ
:
»
ﻟا ﻢﻬﻴِﻓ َقَﺮَﺳ اذِإ اﻮُﻧﺎَآ ْﻢﻬﱠﻧَأ ْﻢُﻜَﻠْﺒَﻗ َﻦﻳﺬﱠﻟا َﻚَﻠهَأ ﺎَﻤﱠﻧِإ
اذِإَو ،ُﻩﻮُآَﺮَﺗ ُﻒﻳِﺮﱠﺸ
َﻄَﻘَﻟ َﺖَﻗَﺮَﺳ ٍﺪﱠﻤَﺤُﻣ َﺖﺒْﻨِﺑ َﺔَﻤِﻃﺎﻓ ﱠنَأ ْﻮَﻟ ِﻪﱠﻠﻟا ُﻢْﻳاَو ، ﱠﺪَﺤﻟا ِﻪْﻴَﻠَﻋ اﻮُﻣﺎﻗَأ ، ُﻒﻴِﻌﱠﻀﻟا ُﻢِﻬﻴِﻓ َقَﺮَﺳ
ﺎَهَﺪَﻳ ُﺖْﻌ
«
ٌﻖﻔﺘﻣ
ﻪﻴﻠﻋ .
ﺔﻳاَوِر ﻲﻓو
:
ﻢﱠﻠَﺳو ِﻪْﻴَﻠَﻋ ُﷲا ﻰّﻠَﺻ ِﻪﱠﻠﻟا ِلﻮﺳر ُﻪْﺟَو َنﱠﻮَﻠَﺘَﻓ
َلﺎَﻘَﻓ ،
:
»
؟،ِﻪﱠﻠﻟا ِدوﺪُﺣ ْﻦِﻣ ﱟﺪَﺣ ﻲﻓ ُﻊَﻔْﺸَﺗَأ
«
َلﺎَﻗ
ُﺔَﻣﺎَﺳُأ
:
ِﻪﱠﻠﻟا َلﻮُﺳر ﺎﻳ ﻲﻟ ْﺮِﻔْﻐَﺘْﺳا
. َلﺎَﻗ :
ﺎَهُﺪَﻳ ْﺖَﻌِﻄُﻘﻓ ، ِةَأْﺮﻤﻟا َﻚْﻠِﺘِﺑ َﺮﻣأ ﱠﻢُﺛ
.
1770.
`Aishah (May Allah be pleased with her) reported: The Quraish were anxious about a woman from Banu
Makhzum who had committed theft and asked : "Who will speak to the Messenger of Allah (PBUH) about her?''
Then they said: "No one will be bold enough to do so except Usamah bin Zaid, the (Companion who was) dearly
loved by the Messenger of Allah (PBUH).'' So Usamah (May Allah be pleased with him) spoke to him and the
Messenger of Allah (PBUH) (angrily) said, "
Are you interceding regarding one of the punishments prescribed by
Allah?
'' He then got up and delivered an address in which he said, "
Indeed what destroyed the people before you was
just that when a person of high rank among them committed a theft, they spared him; but if the same crime was done
by a poor person they inflicted the prescribed punishment on him. I swear by Allah that if Fatimah daughter of
Muhammad should steal, I would have her hand cut off.
''
[Al-Bukhari and Muslim].
In another narration `Aishah (May Allah be pleased with her) said: (Upon hearing the intercession of Usamah), the
face of the Messenger of Allah (PBUH) changed color (because of anger) and he said, "
Do you dare to intercede in
matters prescribed by Allah?
'' Usamah pleaded: "O Messenger of Allah! Pray for my forgiveness.'' `Aishah (May
Allah be pleased with her) added: Thereafter the Messenger of Allah (PBUH) gave orders to have that woman's
hand cut off.
Commentary:
1. Hadd is the punishment fixed by Shari`ah and which no one has the authority to increase or decrease. For
instance, theft is punishable by the cutting of the hand; the punishment of adultery is a hundred stripes or Rajm
(
stoning to death
); the punishment of drinking of intoxicants is forty stripes etc.
2. Nobody has the right to intercede or make any recommendation in this matter.
3. There is no distinction of male or female in the matter of these punishments (Hudud). Whoever commits a crime
which is punishable by Hadd, whether that person is male or female, will be liable for punishment prescribed under
Hadd - the punishment, the limits of which have been defined in the Qur'an and Hadith.
4. No one is exempted from Hadd, no matter how great he is, because there is no distinction of great or small in the
matter of Hadd.
5. We must learn a lesson from the history of past nations so that we can save ourselves from such misdeeds which
caused their ruin.
6. This Hadith brings into prominence the distinction and eminence of Usamah and his position in the eyes of the
Prophet (PBUH).
772
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