Masdad bin Masrhad مسدد بن مسرهد بن مسربل · Prescribed Punishments (Kitab Al-Hudud)

The blood of a Muslim man who testifies that there is no god but Allah and that I am the Messenger of Allah should not be lawfully shed but only for one of three reasons: married fornicator, soul for soul, and one who deserts his religion separating himself from the community.

The Messenger of Allah (ﷺ) Said: Forgive the people of good qualities their slips, but not faults to which prescribed penalties apply.

The Prophet (ﷺ) said: There are three (persons) whose actions are not recorded: a sleeper till he awakes, a boy till he reaches puberty, and a lunatic till he comes to reason. Abu Dawud said: Ibn Juraij has transmitted it from Al-Qasim b. Yazid on the authority of 'Ali from the Prophet (ﷺ). This version adds: "and an old man who is feeble-minded."

When I mentioned this tradition to ‘Umar.b.’Abd al-Aziz he said : This prescribed punishment is between the minor and the major.

The Qur’anic verse goes: “If any of your woman are guilty of lewdness, take the evidence of four (reliable) witnesses from amongst you against them, and if they testify, Confine them to houses until death do chain them or Allah ordains for them some (other) way. Allah then mentioned man after woman and combined them in another verse : “If two men among you are guilty of lewdness, punish them both. If they repent and amend, leave them alone. This…

Muhammad ibn Ishaq said: I mentioned the story of Ma'iz ibn Malik to Asim ibn Umar ibn Qatadah. He said to me: Hasan ibn Muhammad ibn Ali ibn AbuTalib said to me: Some men of the tribe of Aslam whom I do not blame and whom you like have transmitted to me the saying of the Messenger of Allah (ﷺ): Why did you not leave him alone? He said: But I did not understand this tradition. So I went to…

I heard this tradition from Jabir b. Samurah. But the first version is more perfect. This version has: He repeated twice, Simak said: I narrated to Sa’id b. Jubair. He said: He repeated it four times.

Two men brought a dispute before the Messenger of Allah (ﷺ). One of them said: Pronounce judgement between us in accordance with Allah’s Book, Messenger of Allah! The other who had more understanding said: Yes, Messenger of Allah! Pronounce judgement between us in accordance with Allah’s Book, and allow me to speak. He (the Prophet) said: Speak, He then said: My son who was a hired servant with this(man) committed fornication with his wife, and when I was told that…

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

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.

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…

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 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.

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…