Prescribed Punishments (Kitab Al-Hudud)

Dawud :: Book 38 : Hadith 4406

Narrated Jabir ibn Abdullah:

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 Apostle of Allah (peace_be_upon_him): Why did you not leave him alone?

He said: But I did not understand this tradition. So I went to Jabir ibn Abdullah and said (to him): Some men of the tribe of Aslam narrate that the Apostle of Allah (peace_be_upon_him) said when they mentioned to him the anxiety of Ma'iz when the stones hurt him: "Why did you not leave him alone?' But I do not know this tradition.

He said: My cousin, I know this tradition more than the people. I was one of those who had stoned the man. When we came out with him, stoned him and he felt the effect of the stones, he cried: O people! return me to the Apostle of Allah (peace_be_upon_him). My people killed me and deceived me; they told me that the Apostle of Allah (peace_be_upon_him) would not kill me. We did not keep away from him till we killed him. When we returned to the Apostle of Allah (peace_be_upon_him) we informed him of it.

He said: Why did you not leave him alone and bring him to me? and he said this so that the Apostle of Allah (peace_be_upon_him) might ascertain it from him. But he did not say this to abandon the prescribed punishment. He said: I then understood the intent of the tradition.