Explanation of the Book of Fitnahs and Rulings-10b
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The reciter: Adam narrated to us, Ibn Abi Dhawd narrated to us, al-Zuhri narrated to us from 'Ubayd Allah ibn 'Abd Allah from Abu Hurayrah and Zayd ibn Khalid al-Juhani, who said: .
The Shaykh : The chapter on sending a single man to investigate matters. The author presented it in the form of a question because the issue requires detail. If a person calls a man to investigate matters, it may be for testimony or confession or something similar, in which case one person is not sufficient. For example, if a man is sued in his home and cannot attend the court, or if a secluded woman does not go out and the judge wants to send someone to witness her, he sends two witnesses to testify to her confession, for instance. However, if the matter is a matter of judgment and authority or something similar, one man is sufficient. For example, if a judge sends a man to appraise a damaged item or to examine a patient to see what his illness is, or something similar, then one man is sufficient. But this man must be trustworthy in his honesty and experience. Then he mentioned the delegation by the Messenger (peace and blessings be upon him) of Anis to go to the woman, so if she confessed, he would stone her. The Prophet (peace and blessings be upon him) sent him to establish the hadd and execute the hadd. The establishment of the hadd is taken from his saying:, and the execution is taken from his saying: .
An Arab man came and said, "O Messenger of Allah, judge between us by the Book of Allah." His opponent stood up and said, "He is telling the truth, so judge between us by the Book of Allah." The Arab man said, "My son was a hired worker for this man, and he committed unlawful sexual intercourse with his wife. They told me that my son deserved stoning, so I ransomed my son from him with one hundred sheep and a slave woman. Then I asked the people of knowledge, and they said that only one hundred lashes and one year of exile are due for your son." The Prophet (peace and blessings be upon him) said, "I will judge between you by the Book of Allah. As for the slave woman and the sheep, they are returned to you. As for your son, he receives one hundred lashes and one year of exile. And as for you, O Anis, you are a man, so go to this man's wife in the morning and stone her." So Anis went to her in the morning and stoned her.
جاء أعرابي فقال يا رسول الله اقض بيننا بكتاب الله فقام خصمه فقال صدق فاقض بيننا بكتاب الله فقال الأعرابي إن ابني كان عسيفاً على هذا فزنى بامرأته فقالوا لي على ابنك الرجم ففديت ابني منه بمائة من الغنم ووليدة ثم سألت أهل العلم فقالوا إنما على ابنك جلد مائة وتغريب عام فقال النبي صلى الله عليه وسلم : لأقضين بينكما بكتاب الله أما الوليدة والغنم فرد عليك وعلى ابنك جلد مائة وتغريب عام وأما أنت يا أنيس لرجل فاغد على امرأة هذا فارجمها ، فغدا عليها أنيس فرجمهاThe Shaykh : The chapter on sending a single man to investigate matters. The author presented it in the form of a question because the issue requires detail. If a person calls a man to investigate matters, it may be for testimony or confession or something similar, in which case one person is not sufficient. For example, if a man is sued in his home and cannot attend the court, or if a secluded woman does not go out and the judge wants to send someone to witness her, he sends two witnesses to testify to her confession, for instance. However, if the matter is a matter of judgment and authority or something similar, one man is sufficient. For example, if a judge sends a man to appraise a damaged item or to examine a patient to see what his illness is, or something similar, then one man is sufficient. But this man must be trustworthy in his honesty and experience. Then he mentioned the delegation by the Messenger (peace and blessings be upon him) of Anis to go to the woman, so if she confessed, he would stone her. The Prophet (peace and blessings be upon him) sent him to establish the hadd and execute the hadd. The establishment of the hadd is taken from his saying: