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Musnad Ahmad 1341 (Book 5, Hadith 742) #34968
Carrying Out Hadd Punishments on Slaves

SUMMARY: The hadith is about the importance of carrying out the hadd punishments on slaves, even if they are pregnant or have recently given birth.

It was narrated that Abu 'Abdur-Rahman as-Sulami said: 'Ali (رضي الله عنه )addressed us and said: O people, carry out the hadd punishments on your slaves, both those who have been married and those who have not been married, for a slave woman of the Messenger of Allah committed zina and the Messenger of Allah ordered me to carry out the hadd Punishment on her. I went to her and found that she was still bleeding following childbirth, and I was afraid that if I flogged her she would die So I went to the Messenger of Allah and told him about that, and he said: "You have done well".
حَدَّثَنَا سُلَيْمَانُ بْنُ دَاوُدَ، أَنْبَأَنَا زَائِدَةُ، عَنِ السُّدِّيِّ، عَنْ سَعْدِ بْنِ عُبَيْدَةَ، عَنْ أَبِي عَبْدِ الرَّحْمَنِ السُّلَمِيِّ، قَالَ خَطَبَنَا عَلِيٌّ رَضِيَ اللَّهُ عَنْهُ قَالَ يَا أَيُّهَا النَّاسُ أَقِيمُوا عَلَى أَرِقَّائِكُمْ الْحُدُودَ مَنْ أُحْصِنَ مِنْهُمْ وَمَنْ لَمْ يُحْصَنْ فَإِنَّ أَمَةً لِرَسُولِ اللَّهِ زَنَتْ فَأَمَرَنِي رَسُولُ اللَّهِ أَنْ أُقِيمَ عَلَيْهَا الْحَدَّ فَأَتَيْتُهَا فَإِذَا هِيَ حَدِيثُ عَهْدٍ بِنِفَاسٍ فَخَشِيتُ إِنْ أَنَا جَلَدْتُهَا أَنْ تَمُوتَ فَأَتَيْتُ رَسُولَ اللَّهِ فَذَكَرْتُ ذَلِكَ لَهُ فَقَالَ أَحْسَنْتَ‏.‏

TOPICS
slave  *  pregnant  *  childbirth  *  hadd

QUICK LESSONS:
Carry out justice according to Islamic law .

EXPLANATIONS:
This hadith speaks to the importance of carrying out the hadd punishments on slaves regardless of their circumstances. It was narrated by Abu 'Abdur-Rahman as-Sulami that Ali addressed a group and said that even if a slave woman has recently given birth or is pregnant, it is still important to carry out the punishment for any wrongdoings they may have committed. In this case, Ali was referring to a slave woman who committed zina and he was instructed by Prophet Muhammad to carry out the punishment despite her condition. However, when he went to do so he found she was still bleeding from childbirth and feared she would die if flogged so he went back to Prophet Muhammad who told him he did well in not doing it in this case. This teaches us that while it is important to carry out justice for wrongdoings we must also be mindful of people's circumstances and take into account their wellbeing before punishing them harshly.

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