in that he does not consider completeness in both spouses, and it is appropriate that this be an opinion attributed to Al-Shafi'i. Our argument is what Malik narrated, from Nafi', from Ibn 'Umar, that he said: The Jews came to the Messenger of Allah (may Allah bless him and grant him peace), [and they mentioned to him that a man and a woman among them had committed adultery. And he mentioned the Hadith, so the Messenger of Allah (may Allah bless him and grant him peace) commanded them] (41) and they were stoned. It is unanimously agreed upon (42). Also, because the crime of adultery is the same for the Muslim and the Dhimmi, they must be equal in the prescribed punishment (Hadd). Their report is not authentic, and we do not know it in any Musnad. It is said: It is suspended (Mawquf) upon Ibn 'Umar. Furthermore, it is necessary to interpret it as referring to the Ihsan of Qadhf (false accusation), in order to reconcile the two Hadiths, for their narrator is one, and our Hadith is explicit regarding stoning, so it is necessary to interpret their report as referring to the other type of Ihsan. If they say: The Prophet (may Allah bless him and grant him peace) only stoned the two Jews according to the law of the Torah, evidenced by the fact that he referred to it, and when it became clear to him that this was Allah's command for them, he established it among them, and regarding it, Allah the Almighty revealed: "Indeed, We sent down the Torah, in which was guidance and light. The prophets who submitted [to Allah] judged by it for the Jews" (43). We say: He only judged them according to what Allah had revealed to him, evidenced by His saying, the Almighty: "And judge, [O Muhammad], between them by what Allah has revealed and do not follow their inclinations away from what has come to you of the truth. To each of you We prescribed a law and a method" (44). And because it is not permissible for the Prophet (may Allah bless him and grant him peace) to judge by other than
(41) Omitted from: B. (A note of reflection). (42) Narrated by Al-Bukhari, in: Chapter on Praying over the Deceased in the Prayer Ground and the Mosque, from the Book of Funerals; and in: Chapter on the saying of Allah the Almighty: 'They recognize him as they recognize their own sons...', from the Book of Virtues; and in: Chapter: 'Say, Bring the Torah...', from the Book of Interpretation (Tafsir); and in: Chapter on Stoning at the Al-Balat, from the Book of Hudud; and in: Chapter on what is permitted from the interpretation of the Torah..., from the Book of Tawhid. Sahih Al-Bukhari 2/111, 4/251, 6/46, 47, 8/205, 9/193. And Muslim, in: Chapter on the Stoning of the Jews..., from the Book of Hudud. Sahih Muslim 3/1326. It was also narrated by Abu Dawud, in: Chapter on the Stoning of the Two Jews, from the Book of Hudud. Sunan Abi Dawud 2/463, 465. And Al-Tirmidhi, in: Chapter on what has been narrated regarding the stoning of the People of the Book, from the Book of Hudud. 'Aridat al-Ahwadhi 6/214. And Ibn Majah, in: Chapter on the Stoning of the Jew and the Jewess, from the Book of Hudud. Sunan Ibn Majah 2/854. And Al-Darimi, in: Chapter on Judging between the People of the Book, from the Book of Hudud. Sunan Al-Darimi 2/178, 179. And Imam Malik, in: Chapter on what has been narrated regarding stoning, from the Book of Hudud. Al-Muwatta 2/819. And Imam Ahmad, in: Al-Musnad 2/5, 7, 62, 63, 76. (43) Surah Al-Ma'idah: 44. (44) Surah Al-Ma'idah: 48.