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55.72. Huris, (die) in den Zelten zurückgezogen (leben) -,

[ alRahman:72 ]

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Kapitel: 41, Nummer: 1
Malik related to me from Nafi that Abdullah ibn Umar said, The Jews came to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned to him that a man and woman from among them had committed adultery. The Messenger of Allah, may Allah bless him and grant him peace, asked them, 'What do you find in the Torah about stoning?' They said, 'We make their wrong action known and flog them.' Abdullah ibn Salam said, 'You have lied! It has stoning for it, so bring the Torah.' They spread it out and one of them placed his hand over the ayat of stoning. Then he read what was before it and what was after it. Abdullah ibn Salam told him to lift his hand. He lifted his hand and there was the ayat of stoning. They said, 'He has spoken the truth, Muhammad. The ayat of stoning is in it.' So the Messenger of Allah, may Allah bless him and grant him peace, gave the order and they were stoned .

Abdullah ibn Umar added, I saw the man leaning over the woman to protect her from the stones.

Malik commented, By leaning he meant throwing himself over her so that the stones fell on him.

Kapitel: 41, Nummer: 10
Malik related to me that Yahya ibn Said heard Said ibn al-Musayyab say, When Umar ibn al-Khattab came from Mina, he made his camel kneel at al-Abtah, and then he gathered a pile of small stones and cast his cloak over them and dropped to the ground. Then he raised his hands to the sky and said, 'O Allah! I have become old and my strength has weakened. My flock is scattered. Take me to You with nothing missed out and without having neglected anything.' Then he went to Madina and addressed the people. He said, 'People! Sunan have been laid down for you. Obligations have been placed upon you. You have been left with a clear way unless you lead people astray right and left.' He struck one of his hands on the other and then said, 'Take care lest you destroy the ayat of stoning so that one will say, We do not find two hadds in the Book of Allah. The Messenger of Allah, may Allah bless him and grant him peace, stoned, so we have stoned. By He in Whose Hand my self is, had it not been that people would say that Umar ibn al-Khattab has added to the Book of Allah ta-ala, we would have written it, The full-grown man and the full-grown woman, stone them absolutely. We have certainly recited that.'

Malik said, Yahya ibn Said said Said ibn al-Musayyab said, 'Dhu'l-Hijja had not passed before Umar was murdered, may Allah have mercy on him.'

Yahya said that he had heard Malik say, As for his words 'The full-grown man and the full-grown woman' he meant, 'The man and the woman who have been married, stone them absolutely.'

Kapitel: 41, Nummer: 11
Malik related to me that he had heard that Uthman ibn Affan was brought a woman who had given birth after six months and he ordered her to be stoned. Ali ibn Abi Talib said to him, She does not deserve that. Allah, the Blessed, the Exalted, says in His Book, 'Their carrying and weaning is thirty months,' (Sura 46 ayat 15) and he said, 'Mothers suckle their children for two full years for whoever wishes to complete the suckling.' (Sura 2 ayat 233) Pregnancy can then be six months, so she does not deserve to be stoned. Uthman ibn Affan sent for her and found that she had already been stoned.

Malik related to me that he asked Ibn Shihab about someone who committed sodomy. Ibn Shihab said, He is to be stoned, whether or not he is muhsan.

Kapitel: 41, Nummer: 12
Malik related to me from Zayd ibn Aslam that a man confessed to fornication in the time of the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, called for a whip, and he was brought a broken whip. He said, Above this, and he was brought a new whip whose knots had not been cut yet. He said, Below this, and he was brought a whip which had been used and made flexible. The Messenger of Allah, may Allah bless him and grant him peace, gave the order and he was flogged. Then he said, People! The time has come for you to observe the limits of Allah. Whoever has had any of these ugly things befall him should cover them up with the veil of Allah. Whoever reveals to us his wrong action, we perform what is in the Book of Allah against him.

Kapitel: 41, Nummer: 13
Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that a man who had had intercourse with a virgin slave-girl and made her pregnant was brought to Abu Bakr as-Siddiq. He confessed to fornication, and he was not muhsan. Abu Bakr gave the order and he was flogged with the hadd punishment. Then he was banished to Fadak, (thirty miles from Madina).

Malik spoke about a person who confessed to fornication and then retracted it and said, I didn't do it. I said that for such-and-such a reason, and he mentioned the reason. Malik said, That is accepted from him and the hadd is not imposed on him. That is because the hadd is what is for Allah, and it is only applied by one of two means, either by a clear proof which establishes guilt or by a confession which is persisted in so that the hadd is imposed. If someone persists in his confession, the hadd is imposed on him.

Malik said, I have not seen the people of knowledge exiling slaves who have committed adultery.

Kapitel: 41, Nummer: 14
Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud from Abu Hurayra and Zayd ibn Khalid al-Juhani that the Messenger of Allah, may Allah bless him and grant him peace, was asked about a slave-girl who committed fornication and was not muhsana. He said, If she commits fornication, then flog her. If she commits fornication again, then flog her, and if she commits fornication again, then sell her, if only for a rope.

Ibn Shihab added, I don't know whether it was three or four times.

Kapitel: 41, Nummer: 15
Malik related to me from Nafi that a slave was in charge of the slaves in the khumus and he forced a slave-girl among those slaves against her will and had intercourse with her. Umar ibn al-Khattab had him flogged and banished him, and he did not flog the slave-girl because the slave had forced her.

Kapitel: 41, Nummer: 16
Malik related to me from Yahya ibn Said that Sulayman ibn Yasar informed him that Abdullah ibn Abbas ibn Abi Rabia al-Makhzumi said, Umar ibn al-Khattab gave me orders about the slaves of Quraysh and we flogged some of the slave-girls of the muslim lands fifty times each for fornication.

Kapitel: 41, Nummer: 16a
Malik said, The position with us about a woman who is found to be pregnant and has no husband and she says, 'I was forced,' or she says, 'I was married,' is that it is not accepted from her and the hadd is inflicted on her unless she has a clear proof of what she claims about the marriage or that she was forced or she comes bleeding if she was a virgin or she calls out for help so that someone comes to her and she is in that state or what resembles it of the situation in which the violation occurred. He said, If she does not produce any of those, the hadd is inflicted on her and what she claims of that is not accepted from her.

Malik said, A raped woman cannot marry until she has restored herself by three menstrual periods.

He said, If she doubts her periods, she does not marry until she has freed herself of that doubt.

Kapitel: 41, Nummer: 17
Malik related to me from Abu'z-Zinad that he said, ''Umar ibn Abd al-Aziz flogged a slave with eighty lashes for slander.

Abu'z-Zinad said, I asked Abdullah ibn Amir ibn Rabia about that. He said, 'I saw Umar ibn al-Khattab, Uthman ibn Affan, the Khalifs, and so on, and I did not see any of them flog a slave more than forty lashes for slander.'

Kapitel: 41, Nummer: 18
Malik related to me from Zurayq ibn Hakim al-Ayli that a man called Misbah asked his son for help and he thought him unnecessarily slow. When the son came, his father said to him, O fornicator. Zurayq said, So the son asked me to help him against the father. When I wanted to flog him, his son said, 'By Allah, if you flog him, I will acknowledge that I have committed fornication.' When he said that, the situation was confused for me, so I wrote about it to Umar ibn Abd al-Aziz who was the governor at that time, and I mentioned it to him. Umar wrote me to permit his pardon.

Zurayq said, I wrote to Umar ibn Abd al-Aziz also, 'What do you think about a man who is slandered or his parents are slandered and both or only one of them are dead?' He said, Umar wrote to me, 'If he forgives, his pardon is permitted for himself. If his parents are slandered and one or both of them are dead, take the judgement of the Book of Allah for it unless he wants to veil it.'

Yahya said, I heard Malik say, 'That is because the slandered man might fear that if that is unveiled about him, a clear proof might be established. If it is according to what we have described, his pardon is permitted.

Kapitel: 41, Nummer: 19
Malik related to me from Hisham ibn Urwa that his father said that there was only one hadd against a man who slandered a group of people.

Malik said, If they are on separate occasions there is still only one hadd against him.

Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha ibn an-Numan al-Ansari, then from the Banu'n-Najar from his mother Amra bint Abd ar-Rahman that two men cursed each other in the time of Umar ibn al-Khattab. One of them said to the other, By Allah, my father is not an adulterer and my mother is not an adulteress. Umar ibn al-Khattab asked advice about that. One person said, He has praised his father and mother. Another said, His father and mother have praise other than this. We think that he is to be flogged with the hadd. So Umar flogged him with the hadd of eighty lashes.

Malik said, There is no hadd in our view except for slander, denial or insinuation, in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it.

Malik said, What is done in our community when a man denies that another man is from his father, is that he deserves the hadd. If the mother who is denied is a slave, then he deserves the hadd as well. '

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