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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Explanation of Riyad al-Salihin-84b

Machine translationRead the Arabic original
The reader: In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, the Lord of the worlds, and may prayers and peace be upon our Prophet Muhammad, and upon his family and all his Companions.
He (may Allah have mercy on him) said: "Chapter on the Prohibition of Torture by Fire
Abu Hurayrah (may Allah be pleased with him) said
The Messenger of Allah (ﷺ) sent us on an expedition and said to us, "If you find so- and-so (he named two persons belonging to the Quraish) commit them to the fire." When we were on the verge of departure, he said to us, "I ordered you to burn so-and-so, but it is Allah Alone Who punishes with the fire. So if you find them put them to death." بعثنا رسول الله صلى الله عليه وسلم في بعث فقال إن وجدتم فلانا وفلانا لرجلين من قريش سماهما فأحرقوهما بالنار ثم قال رسول الله صلى الله عليه وسلم حين أردنا الخروج إني كنت أمرتكم أن تحرقوا فلانا وفلانا وإن النار لا يعذب بها إلا الله فإن وجدتموهما فاقتلوهما
Riyad as-Salihin 1609
Al-Bukhari narrated it
And Ibn Mas'ud (may Allah be pleased with him) said
We were with the Messenger of Allah (ﷺ) in a journey when he drew apart (to relieve nature). In his absence, we saw a red bird which had two young ones with it. We caught them and the red mother bird came, beating the earth with its wings. In the meantime the Prophet (ﷺ) returned and said, "Who has put this bird to distress on account of its young? Return them to her." He (ﷺ) also noticed a mound of ants which we had burnt up. He asked, "Who has set fire to this?" كنا مع رسول الله صلى الله عليه وسلم في سفر فانطلق لحاجته فرأينا حمرة معها فرخان فأخذنا فرخيها فجاءت الحمرة تعرش فجاء النبي صلى الله عليه وسلم فقال من فجعها هذه بولدها ردوا ولدها إليها ورأى قرية نمل قد حرقناها فقال من حرق هذه
Riyad as-Salihin 1610
We said: We did. He said: It is not permissible to punish with fire except the Lord of Fire
Abu Dawud narrated it with a sound chain "

The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
The author (may Allah have mercy on him) said: "Chapter on the Prohibition of Torture by Fire" meaning that it is not permissible for a person to torture anyone by burning, because torture is possible without it, and torture is possible without it, and hudud punishments can be carried out without that, so burning would be an excess of torture for which there is no need.
Then he mentioned the hadith of Abu Hurayrah (may Allah be pleased with him)
That the Prophet (peace and blessings be upon him) sent men on a raid and said: If you find so-and-so and so-and-so, two men whom he named, burn them with fire. أن النبي صلى الله عليه وسلم بعث رجالا في سرية وقال إذا وجدتم فلانا وفلانا لرجلين سماهما فأحرقوهما بالنار
so the Companions relied on that in obedience to the command of the Prophet (peace and blessings be upon him and his family). When they were about to leave, he said:
I had said such and such, but fire is not used for punishment except by Allah (Mighty and Majestic). If you find them, kill them. كنت قلت كذا وكذا ولكن لا يعذب بالنار إلا الله عز وجل فإن وجدتموهما فاقتلوهما

So the Prophet (peace and blessings be upon him) abrogated his first command with his second command. His first command was that they be burned, and his second command was that they be killed. This indicates that if a person deserves to be killed, he is not burned with fire, but is killed in the ordinary manner according to what the Shari'ah texts require.
And likewise the hadith narrated by Abu Dawud:
That the Prophet (peace and blessings be upon him) went to relieve himself and the Companions found a female hoopoe. أن النبي صلى الله عليه وسلم مضى لحاجته فوجد الصحابة حمرة
a type of bird
with two young, so they took her young, and she began to circle. معها ولدان فأخذا ولديها فجعلت تعرش
meaning it circles around them, as is the custom that when a bird's young are taken, it circles and cries out due to the loss of its young, because Allah (Glorified and Exalted is He) placed mercy in the hearts of animals for their young, to the extent that an animal lifts its hoof from its young for fear of harming it, and this is from the wisdom of Allah (Mighty and Majestic).
So the Prophet (peace and blessings be upon him) ordered that her young be released to her, so they released her young. Then he passed by an ant colony that had been burned and said: Who burned this? They said: We did, O Messenger of Allah. فأمر النبي صلى الله عليه وسلم أن يطلق ولداها لها فأطلقوا ولديها ثم مر بقرية نمل قد أحرقت فقال من أحرق هذا قالوا نحن يا رسول الله
The ant colony means the community of ants, their burrows, which they burned with fire. So the Prophet (peace and blessings be upon him) said:
It is not proper to punish with fire except the Lord of fire. إنه لا ينبغي أن يعذب بالنار إلا رب النار
Sunan Abi Dawud 2675Sahih (Al-Albani)
and he prohibited that.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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