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Sahih al-Bukhari 2290 (Book 39, Hadith 1) #2195
Taking Sureties for Repentance

SUMMARY: A man was punished for committing illegal sexual intercourse with the slave girl of his wife, and his relatives stood sureties for him.

Narrated Muhammad bin 'Amr Al-Aslami that his father Hamza said: 'Umar (ra) sent him (ie Hamza) as a Sadaqa / Zakat collector. A man had committed illegal sexual intercourse with the slave girl of his wife. Hamza took (personal) sureties for the adulterer till they came to 'Umar'.Umar had lashed the adulterer one hundred lashes'.Umar confirmed their claim (that the adulterer had already been punished) and excused him because of being Ignorant. Jarir Al-Ash'ath said to Ibn Mas'ud regarding renegades (ie, those who became infidels after embracing Islam), "Let them repent and take (personal) sureties for them". They repented and their relatives stood sureties for them. According to Hammad, if somebody stands surety for another person and that person dies, the person giving surety will be released from responsibility. According to Al-Hakam, his responsibilities continues.
وَقَالَ أَبُو الزِّنَادِ عَنْ مُحَمَّدِ بْنِ حَمْزَةَ بْنِ عَمْرٍو الأَسْلَمِيِّ، عَنْ أَبِيهِ، أَنَّ عُمَرَ ـ رضى الله عنه ـ بَعَثَهُ مُصَدِّقًا، فَوَقَعَ رَجُلٌ عَلَى جَارِيَةِ امْرَأَتِهِ، فَأَخَذَ حَمْزَةُ مِنَ الرَّجُلِ كَفِيلاً حَتَّى قَدِمَ عَلَى عُمَرَ، وَكَانَ عُمَرُ قَدْ جَلَدَهُ مِائَةَ جَلْدَةٍ، فَصَدَّقَهُمْ، وَعَذَرَهُ بِالْجَهَالَةِ‏.‏ وَقَالَ جَرِيرٌ وَالأَشْعَثُ لِعَبْدِ اللَّهِ بْنِ مَسْعُودٍ فِي الْمُرْتَدِّينَ اسْتَتِبْهُمْ، وَكَفِّلْهُمْ‏.‏ فَتَابُوا وَكَفَلَهُمْ عَشَائِرُهُمْ‏.‏ وَقَالَ حَمَّادٌ إِذَا تَكَفَّلَ بِنَفْسٍ فَمَاتَ فَلاَ شَىْءَ عَلَيْهِ‏.‏ وَقَالَ الْحَكَمُ يَضْمَنُ‏.‏

TOPICS
repentance  *  surety  *  punishment  *  ignorance  *  tawbah  *  kafalah  *  uqubat  *  jahl

QUICK LESSONS:
Take responsibility when you have done something wrong or sinful; stand up as a surety if needed; forgive those who repent sincerely; show mercy towards those who are ignorant of their actions .

EXPLANATIONS:
This hadith is about taking sureties when someone has committed a crime or sin and repented afterwards. Umar sent Hamza as a Sadaqa/Zakat collector and he took personal sureties from an adulterer who had committed illegal sexual intercourse with the slave girl of his wife until they came to Umar who then lashed him one hundred lashes as punishment before confirming their claim and excusing him due to ignorance. Jarir Al-Ash'ath also suggested taking personal sureties from those who became infidels after embracing Islam so they could repent; their relatives stood sureties for them in this case according to Hammad's opinion which states that if somebody stands surety for another person and that person dies, the person giving surety will be released from responsibility while according to Al-Hakam's opinion it is not so; rather the responsibilities continue even after death in this case.

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