Why did the Prophet (peace and blessings be upon him) immediately carry out the hadd punishment on the woman from the Khazraj tribe, whereas in the case of Ma'iz he accepted his confession but did not immediately carry out the hadd punishment?

The questioner : When a thief steals and comes to confess, they let him go and urge him to cover up his sin, saying, "Go away, as if he is pleased with you." The Prophet (peace and blessings be upon him) even turned away from the woman who came to confess to zina; he turned his face away from her. When she found no way out, he carried out the hadd punishment on her. As long as this hadd is a right belonging to Allah (Blessed and Exalted is He), and the Messenger (peace and blessings be upon him) in another hadith, when he rebuked that noble Companion, said to him: It became clear that the Prophet (peace and blessings be upon him) does not allow anyone to intercede in such matters. The hadith of the woman who came to confess to her zina: the Prophet turned away from her. Why did he turn away from her when she came to expose herself, having committed a hadd? That is... he... emphasized that this hadd should not be treated lightly. Here the Prophet (peace and blessings be upon him)... how one interprets it.

The Shaykh : May Allah guide you. Your question is like a lecture; this is not the way to ask a question. Limit your question so that the person in charge can provide an answer. What is the issue you have now between the hadith and which hadith? You mentioned two hadiths: the hadith of Ma'iz.

The questioner : Yes.

The Shaykh : And the hadith of the thief.

The questioner : Yes.

The Shaykh : Okay, which of the two hadiths do you support? Do you support both of them, and do they contradict the hadith , or neither of them? You mention two hadiths: one concerning the one who commits zina , this is the hadith of the one who commits zina, and you mention with this hadith a second hadith, the previous one. Okay, my question now is directed to you: do the two hadiths contradict the hadith ? Your thinking makes me feel that you raised the question without being aware of where the contradiction in the question lies. Where is the contradiction?

The questioner : The contradiction in my mind is that he was lenient. Why, in the case of theft, did the Prophet (peace and blessings be upon him) not accept intercession? He carried out the hadd and cut off the hand of the woman who stole immediately. The second hadith means he wanted not to listen, or he wanted to indicate to this man, as if warning him, that he turned away and did not confess to his sin and should cover up his own fault.

The Shaykh : So the two hadiths are not contradictory to the hadith about intercession. May Allah guide you. Think, my brother, think.

The questioner : My question to the Shaykh is that there is a hadith where someone came to refuse intercession in a hadd from the huddud of Allah, and he did not refuse intercession.

The Shaykh : Listen, listen to him.

The questioner : When , here the Prophet (peace and blessings be upon him) carried out the hadd immediately and did not show leniency, because this, as in the hadith, is a right belonging to Allah. The other man committed a hadd, and the hadd is also a right belonging to Allah. Here the Prophet carried out the hadd immediately, cutting off the hand of the female thief. In the other hadith, at the beginning, the Prophet (peace and blessings be upon him) tried to get out of it, to turn away from this hadd. And in that case, he carried out the hadd immediately. Here, at the beginning, he turned away. Why was the Prophet's turning away in this instance not the same as the turning away in the hadith of the thief?

The Shaykh : But you are mentioning two hadiths against one hadith. I don't know. I want him to be aware of what he is saying. How many hadiths are you mentioning? Three.

The questioner : I am mentioning two hadiths.

The Shaykh : May Allah guide you. Three.

The questioner : Which are:

The Shaykh : The hadith of the thief, the hadith of the one who commits zina, and the hadith of the intercessor to whom he (peace be upon him) said: How many hadiths is that?

The questioner : What I know, my Shaykh, is that it is one hadith.

The Shaykh : How many hadiths is that?

The questioner : That is three, you.

The Shaykh : And you?

The questioner : What I remember is that the hadith of the thief is the same as the "I intercede" hadith, one hadith.

The Shaykh : How?

The questioner : This is what I know.

The Shaykh : If he says "the hadith of the thief," he means a specific hadith, whereas there is a hadith of a thief where the Messenger... I think it is the hadith of Safwan . So you mean two hadiths: the hadith of Usamah and the hadith of Ma'iz, which, as I mentioned to you, his face was handsome to the right and to the left, good. Where is the contradiction? There he rejected intercession, here there is intercession. In the hadith of Ma'iz, there is intercession. Say no?

The questioner : Of course not.

The Shaykh : So the contradiction is that he carried out the hadd on the female thief, okay, and here he did not carry out the hadd, that is what you say.

The questioner : He carried out the hadd.

The Shaykh : So where is the contradiction?

The questioner : He carried out the hadd, but here the Prophet (peace and blessings be upon him), why did he want this man who confessed to zina, since his crime's punishment is from Allah (Mighty and Majestic) and a right for Allah (Mighty and Majestic), why would he be lenient in it?

The Shaykh : My brother, may Allah guide you. You formulated the question in your mind. Now I am asking you where the contradiction is so that we can remove it. There he carried out the hadd, here he did not carry out the hadd, so that it can be said there is a contradiction. Now you are saying he carried out the hadd, so where is the contradiction? It finally appeared from your words that why, when he came to confess to his right hand, what happened, and what happened when he came out of there, and so on. In your question, if you want to clarify, why did the Messenger (peace be upon him) here hold back with Ma'iz and did not accept his testimony the first time, the first time and the second time, until the end of the story, which is well known, and there he did not do that.

The questioner : This is the core of my question.

The Shaykh : May Allah guide you. Where is your question? Where is the answer? It is very clear. There it was established that that woman from the Khazraj tribe was stealing; she would be entrusted with a deposit and would deny it the first time and the second time. So it was established with the Messenger (peace be upon him) through cumulative and numerous testimonies that she was a thief. Thus, it was established that she deserved the carrying out of the legal hadd. Therefore, he rebuked Usamah when he wanted to intercede for her, and he carried out the hadd on her. As for here, the Messenger (peace and blessings be upon him), based on the jurisprudential principle that says, and some think it is a Prophetic hadith, "Avert the huddud by means of doubts," they took this principle from this hadith: "Avert the huddud by means of doubts." This man comes and confesses that he purified me, meaning he committed zina. It is not the custom of people, up to today, that I complain that many questions are directed to me from many...The questioner : People who make me feel that this...The questioner : ...wants to trap me and take an answer from me according to his desire and his lust, without clarifying the question. So, by the grace of Allah, I try to go around with him, to double-check with him, a thousand times, until I discover what he intends from the question. I say to him, may Allah guide you, why are you obscuring the question and not speaking clearly? There are many examples, and there is no need now for me to strain my brain and limit some examples. So now, regarding the woman from the Khazraj tribe, it was established with certainty with the Messenger (peace be upon him) that she stole, so he carried out the hadd. As for Ma'iz, this is a man who appears to be sane, not mad, not foolish, and so on, who confesses to something that is not the custom of people; they do not confess to it. I am giving you an example now: these Muslims want a fatwa that suits them, whereas if it were like Ma'iz, he would be straightforward and direct in order to take the legal ruling. This is the nature of people that we are now complaining about. So when the Messenger (peace and blessings be upon him) found from this person a confession, "purified me," meaning "kill me," no person says "kill me." This is abnormal. So perhaps there is something in his mind. Thus, the Messenger's (peace be upon him) holding back was an application of the aforementioned principle, "Avert the huddud by means of doubts," and not by a hadith. The continuation of the story is well known: the Messenger did not suffice with his testimony; he testified before him to the right and to the left, and to the right, "purified me." And he said to him, "Did you do such and such? Did you do such and such?" Like the needle in the eye, like the bucket in the well, and so on. Yes, yes, yes. In the end, they examined him, look, to see if he was drunk, to see what he was babbling about without knowing. They examined him, and there was nothing. So if he carried out the hadd on him, here it can be said that there was a cause necessitating holding back in preventing the haste in carrying out the hadd, fearing that the man was affected, fearing that he was drunk, babbling about what he does not know, as is said. Whereas in the story of the woman from the Khazraj tribe, there is nothing of that. So there is no contradiction. May Allah bless you.

The questioner : And you. May Allah reward you with good.

The Shaykh : Clear?

The questioner : It is completely clear.

The Shaykh : Abu 'Ammar, my people, you want to benefit from him, because he is a fruit that is ripening. He is with you today, with you tomorrow, and the day after tomorrow he will return to Damascus. So listen to a word from him that you can benefit from. As for the questions, that is your role in the remaining days and in the past days.

The questioner : But it is said, meaning, the most important thing is that with the presence of the sea, there is no tayammum, with the presence of water, my brother.

The Shaykh : Excuse me, my brother, but.