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Sunan Abi Dawud 4472 (Book 40, Hadith 122) #24763
Seeking Legal Verdict for Unlawful Intercourse

SUMMARY: The hadith is about a man who was so ill that he was only skin and bone, and he had unlawful intercourse with a slave-girl. He asked the Prophet (PBUH) for the legal verdict, to which the Prophet (PBUH) commanded him to take one hundred twigs and strike him once.

Narrated Abu Umamah b. Sahl Hunaif: AbuUmamah ibn Sahl ibn Hunayf said that some companions of the Messenger of Allah told that one of their men suffered so much from some illness that he pined away until he was skin and bone (ie only a skeleton). A slave-girl of someone visited him, and he was cheered by her and had unlawful intercourse with her. When his people came to visit the patient, he told them about it. He said: Ask the Messenger of Allah about the legal verdict for me, for I have had unlawful intercourse with a slave-girl who visited me. So they mentioned it to the Messenger of Allah saying: We have never seen anyone (so weak) from illness as he is. If we bring him to you, his bones will disintegrate. He is only skin and bone. So the Messenger of Allah commanded them to take one hundred twigs and strike him once.
حَدَّثَنَا أَحْمَدُ بْنُ سَعِيدٍ الْهَمْدَانِيُّ، حَدَّثَنَا ابْنُ وَهْبٍ، أَخْبَرَنِي يُونُسُ، عَنِ ابْنِ شِهَابٍ، قَالَ أَخْبَرَنِي أَبُو أُمَامَةَ بْنُ سَهْلِ بْنِ حُنَيْفٍ، أَنَّهُ أَخْبَرَهُ بَعْضُ، أَصْحَابِ رَسُولِ اللَّهِ مِنَ الأَنْصَارِ أَنَّهُ اشْتَكَى رَجُلٌ مِنْهُمْ حَتَّى أُضْنِيَ فَعَادَ جِلْدَةً عَلَى عَظْمٍ فَدَخَلَتْ عَلَيْهِ جَارِيَةٌ لِبَعْضِهِمْ فَهَشَّ لَهَا فَوَقَعَ عَلَيْهَا فَلَمَّا دَخَلَ عَلَيْهِ رِجَالُ قَوْمِهِ يَعُودُونَهُ أَخْبَرَهُمْ بِذَلِكَ وَقَالَ اسْتَفْتُوا لِي رَسُولَ اللَّهِ فَإِنِّي قَدْ وَقَعْتُ عَلَى جَارِيَةٍ دَخَلَتْ عَلَىَّ ‏.‏ فَذَكَرُوا ذَلِكَ لِرَسُولِ اللَّهِ وَقَالُوا مَا رَأَيْنَا بِأَحَدٍ مِنَ النَّاسِ مِنَ الضُّرِّ مِثْلَ الَّذِي هُوَ بِهِ لَوْ حَمَلْنَاهُ إِلَيْكَ لَتَفَسَّخَتْ عِظَامُهُ مَا هُوَ إِلاَّ جِلْدٌ عَلَى عَظْمٍ فَأَمَرَ رَسُولُ اللَّهِ أَنْ يَأْخُذُوا لَهُ مِائَةَ شِمْرَاخٍ فَيَضْرِبُوهُ بِهَا ضَرْبَةً وَاحِدَةً

TOPICS
intercourse  *  verdict  *  punishment  *  illness  *  fahishah  *  hadd  *  marad

QUICK LESSONS:
Seek legal verdict from religious scholars when committing an unlawful act; Respect others regardless of social status; Follow Islamic teachings even if you are physically weak due to illness or any other reason.

EXPLANATIONS:
This hadith is about a man who was so ill that he was only skin and bone, yet despite his condition, he still committed an unlawful act of intercourse with a slave-girl. When his people asked the Prophet Muhammad ﷺ for advice on what should be done in this situation, the Prophet ﷺ commanded them to take one hundred twigs and strike him once as punishment. This teaches us that even if someone is very ill or weak due to their condition, they are still accountable for their actions before Allah SWT. It also shows us how merciful our beloved Prophet ﷺ was in dealing with such matters - instead of punishing severely or harshly like other societies would have done at that time, he chose a more lenient punishment which would not cause any further harm or suffering upon this man's already weakened body.

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