Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-07b
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The reciter: Mahmud narrated to us, 'Abd al-Razzaq narrated to us, Ma'mar informed us, from al-Zuhri, from Abu Salama, from Jabir:
لم يقل يونس، وابن جريج، عن الزهري: فصلى عليه.
The Shaykh : Who is this? Ma'iz, and the discussion of his story has already been mentioned.
The point is his statement:. Here, the preposition "ba" means "in," indicating location. The preposition "ba" is sometimes used to indicate location, as in the saying of Allah the Exalted: [As-Saffat 37:137-138], meaning "in the night."
The intended meaning of his statement: is "near it," not "in the prayer place itself," because the prayer place is a mosque. For this reason, the Prophet (peace and blessings be upon him) prohibited a menstruating woman from entering it, unless "the prayer place" here refers to the funeral prayer place. In the time of the Messenger (peace and blessings be upon him), funerals had their own prayer place, and it was rare for them to pray over a deceased person in the mosque. If "the prayer place" here refers to the funeral prayer place, there is no problem with the issue. If "the prayer place" refers to the Eid prayer place, it must be interpreted to mean that "the prayer place" implies "near the prayer place."
The questioner : ...
The Shaykh : If he repeated it four times, there is nothing beyond that.
We have preferred the position that it is established by a single confession.
The questioner : ...
The Shaykh : Never; he will not come unless he has resolved to do it, and he did not come unless he was repentant, because if he had not been repentant, he would have continued in his action.
The questioner : ...
The Shaykh : ... I have not known anyone [who differed on this]. They only differed on digging: whether to dig a hole for him or not. He stands and is stoned.
The questioner : Why do we say "near the prayer area" and not "in the prayer area"?
The Shaykh : We said that if it is the funeral prayer area, there is no problem. But as for the Eid prayer area, there is a problem, because the prayer area is a mosque, and the Prophet (peace and blessings be upon him) prohibited carrying out hudud punishments in mosques.
That a man from the tribe of Aslam came to the Prophet (peace and blessings be upon him) and confessed to unlawful sexual intercourse. The Prophet (peace and blessings be upon him) turned away from him until he testified against himself four times. The Prophet (peace and blessings be upon him) said to him, "Are you insane?" He said, "No." He said, "Are you married?" He said, "Yes." So he ordered that he be stoned in the prayer area. When the stones caused him to bleed, he fled, but he was caught and stoned until he died. The Prophet (peace and blessings be upon him) said good things about him and prayed over him. Yunus and Ibn Jurayy did not say, from al-Zuhri: "and he prayed over him."
أن رجلا من أسلم، جاء النبي صلى الله عليه وسلم فاعترف بالزنا، فأعرض عنه النبي صلى الله عليه وسلم حتى شهد على نفسه أربع مرات، فقال له النبي صلى الله عليه وسلم : أبك جنون ؟ قال : لا، قال : آحصنت ؟ قال : نعم، فأمر به فرجم بالمصلى، فلما أذلقته الحجارة فر، فأدرك فرجم حتى مات. فقال له النبي صلى الله عليه وسلم خيرا، وصلى عليه.لم يقل يونس، وابن جريج، عن الزهري: فصلى عليه
The Shaykh : Who is this? Ma'iz, and the discussion of his story has already been mentioned.
The point is his statement:
In the prayer area
فرجم بالمصلى(137) And indeed, you pass by them in the morning (138) And at night. Then will you not use reason?
وإنكم لتمرون عليهم مصبحين وبالليلThe intended meaning of his statement:
In the prayer area
بالمصلىThe questioner : ...
The Shaykh : If he repeated it four times, there is nothing beyond that.
We have preferred the position that it is established by a single confession.
The questioner : ...
The Shaykh : Never; he will not come unless he has resolved to do it, and he did not come unless he was repentant, because if he had not been repentant, he would have continued in his action.
The questioner : ...
The Shaykh : ... I have not known anyone [who differed on this]. They only differed on digging: whether to dig a hole for him or not. He stands and is stoned.
The questioner : Why do we say "near the prayer area" and not "in the prayer area"?
The Shaykh : We said that if it is the funeral prayer area, there is no problem. But as for the Eid prayer area, there is a problem, because the prayer area is a mosque, and the Prophet (peace and blessings be upon him) prohibited carrying out hudud punishments in mosques.