in carrying them out; because the Prophet (peace and blessings of Allah be upon him) said: "Go, O Unays, to the wife of this man, and if she confesses, then stone her." So Unays went to her, and she confessed, so he ordered that she be executed, and she was stoned. This is agreed upon. The Prophet (peace and blessings of Allah be upon him) ordered the stoning of Ma'iz, and they stoned him. 'Uthman appointed 'Ali as his agent to execute the hadd punishment for drinking wine upon al-Walid ibn 'Uqbah. 'Ali appointed al-Hasan for that, but al-Hasan refused, so he appointed 'Abd Allah ibn Ja'far, who executed it while 'Ali was counting. This was reported by Muslim. Also, because there is a need for this, as the Imam cannot always handle it himself. Agency is permissible in proving these offenses. Abu al-Khattab said: It is not permissible in proving them. This is also the opinion of al-Shafi'i, because they are dropped by doubts, and we have been commanded to repel them with such doubts, and agency leads to affirmation. Our view is based on the hadith of Unays, for the Prophet (peace and blessings of Allah be upon him) appointed him for both their proof and their execution together, as he said: "If she confesses, then stone her." This indicates that the offense had not yet been proven, yet he appointed him for its proof [and its execution altogether]. Also, because when the judge appoints a deputy, it falls under
(10) Reported by al-Bukhari in: The Chapter on Agency in Hadd Punishments, from the Book of Agency; and in: The Chapter on If They Reconcile Unjustly, the Reconciliation is Rejected, from the Book of Reconciliation; and in: The Chapter on Conditions Which Are Not Permissible in Hadd Punishments, from the Book of Conditions; and in: The Chapter on Whether an Imam May Order a Man to Strike a Hadd Punishment in His Absence, from the Book of Hadd Punishments; and in: The Chapter on How the Oath of the Prophet (peace and blessings of Allah be upon him) Was, from the Book of Oaths; and in: The Chapter on Confession of Adultery, and The Chapter on If One Accuses His Wife or the Wife of Another of Adultery..., from the Book of Hadd Punishments; and in: The Chapter on Whether It Is Permissible for the Ruler to Send a Man Alone to Look Into Matters, from the Book of Rulings; and in: The Chapter on What Has Been Reported Regarding the Validity of a Single-Narrator Report, from the Book of Khabar al-Wahid. Sahih al-Bukhari 3/134, 240, 241, 250, 8/46, 161, 208, 214, 9/94, 110. And by Muslim, in: The Chapter on Whoever Confesses Adultery Against Himself, from the Book of Hadd Punishments. Sahih Muslim 3/1324, 1325. It was also reported by al-Tirmidhi, in: The Chapter on What Has Been Reported Regarding Repelling the Hadd from a Confessor Who Retracts, and in: The Chapter on What Has Been Reported Regarding Stoning a Previously Married Person (Thayyib), from the Chapters of Hadd Punishments. 'Aridat al-Ahwadhi 6/203, 205. And by al-Nasa'i, in: The Chapter on Protecting Women from the Judicial Assembly, from the Book of Judges. al-Mujtaba 8/211. And by Ibn Majah, in: The Chapter on the Hadd Punishment for Adultery, from the Book of Hadd Punishments. Sunan Ibn Majah 2/852. And by al-Darimi, in: The Chapter on Confession of Adultery, from the Book of Hadd Punishments. Sunan al-Darimi 2/177. And by Imam Malik, in: The Chapter on What Has Been Reported Regarding Stoning, from the Book of Hadd Punishments. al-Muwatta' 2/822. And by Imam Ahmad, in: al-Musnad 4/115, 116. (11) Reported by Muslim, in: The Chapter on Whoever Confesses Adultery Against Himself, from the Book of Hadd Punishments. Sahih Muslim 3/1320. And by Abu Dawud, in: The Chapter on the Stoning of Ma'iz ibn Malik, from the Book of Hadd Punishments. Sunan Abi Dawud 2/456-459. And by al-Darimi, in: The Chapter on Confession of Adultery, from the Book of Hadd Punishments. Sunan al-Darimi 2/176. And by Imam Ahmad, in: al-Musnad 3/62. (12) In: The Chapter on the Hadd Punishment for Wine, from the Book of Hadd Punishments. Sahih Muslim 3/1331, 1332. (13) Omitted from the original.
