Muwatta' Malik 41-13

Translation

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that a man who had had intercourse with a virgin slave- girl and made her pregnant was brought to Abu Bakr as-Siddiq. He confessed to fornication, and he was not muhsan. Abu Bakr gave the order and he was flogged with the hadd punishment. Then he was banished to Fadak, (thirty miles from Madina). Malik spoke about a person who confessed to fornication and then retracted it and said, "I didn't do it. I said that for such-and-such a reason," and he mentioned the reason. Malik said, "That is accepted from him and the hadd is not imposed on him. That is because the hadd is what is for Allah, and it is only applied by one of two means, either by a clear proof which establishes guilt or by a confession which is persisted in so that the hadd is imposed. If someone persists in his confession, the hadd is imposed on him." Malik said, "I have not seen the people of knowledge exiling slaves who have committed adultery."

Grades by grader

What scholars said about it

In their own words, as Hadith Unlocked records them. They are shown, not summarised into a grade.

• Dāraquṭnī

  وقول مالك هو الصواب

  in موطأ مالك, p. 1460

Other narrations of this report

Musannaf Ibn Abi Shaybah 29392Musannaf 'Abd al-Razzaq 13376Musannaf 'Abd al-Razzaq 13377al-Sunan al-Kubra (al-Bayhaqi) 17073al-Sunan al-Kubra (al-Bayhaqi) 17074

Narrators

1. 1
   Abū Bakr al-Ṣiddīq

   Successor (Caliph) of the Messenger of Allah ﷺ (khalīfat rasūl Allāh ﷺ)d. 13 AH
   أَبُو بَكْرٍ الصِّدِّيقُخليفة رسول الله صلى الله عليه وسلم
   في حكم العنعنة
2. 2
   Ṣafīyah bt. Abī ʿUbayd zawj ʿAbdullāh b. ʿUmar

   it was said: she lived in the Prophet's time (idrāk), and al-Dāraquṭnī rejected it. And al-ʿIjlī said: trustworthy (thiqah)d. between 81 and 90 AH
   صَفِيَّةَ بِنْتَ أَبِي عُبَيْدٍقيل : لها إدراك ، وأنكره الدارقطني . وقال العجلي : ثقة
   أخبرته
3. 3
   Nāfiʿ mawlá Ibn ʿUmar

   trustworthy (thiqah), reliable (thabt), a well-known jurist (faqīh)d. 116 AH, or 117 AH, or 118 AH, or 119 AH, or 120 AH
   نَافِعٍ؛ثقة ثبت فقيه مشهور
   عن
4. 4
   Mālik b. Anas

   The jurist (al-faqīh), the Imam of the Abode of Migration (Imām Dār al-Hijrah), the head of the proficient masters, and the foremost among the meticulous.d. 178 AH, or 179 AH
   مَالِكٌالفقيه ، إمام دار الهجرة ، رأس المتقنين ، وكبير المتثبتين

Who each narrator was and how reliable, from hdith.com

Latin names and English verdicts with a dotted underline are machine translations, not reviewed.