The Epistle on Legal Theory

Another Instance

١٨٧ 187 Another Instance you.” He then gave the man’s son one hundred lashes and exiled him for one year. Then, he ordered Unays al-Aslamī to go to the wife of the other man and, if she confessed, to stone her. In fact, she did confess, so he had her stoned. Mālik reported to us from Nāfiʿ, from Ibn ʿUmar: The Prophet stoned two Jews who committed unlawful sexual intercourse. So the hundred lashes and exile were confirmed for the two virgins who commit unlawful sexual intercourse, and stoning, for the two nonvirgins. If the two nonvirgins were among those originally intended to receive lashes on the basis of the Qurʾanic verse, then lashing was abrogated with respect to them, along with stoning. If they were not among those so intended, and only the two virgins were intended, then they are treated completely differently from two nonvirgins. God provided that the two nonvirgins be stoned, after abrogation of the lashing verse, based on what God’s Emissary narrated from God. That is the most likely of its meanings and the most preferable in our view, though God knows best. Another Instance Mālik reported to us from Ibn Shihāb, from Anas ibn Mālik: “The Prophet was riding a horse, and it threw him and gave him an abrasion on his right side. He led one of the prayers while sitting down, and we prayed behind him while sitting down. As he was leaving, he said, ‘The imam is there simply to be followed. If he prays standing, you should pray standing; if he bows down, you should bow down; and if he raises his head, you should raise yours. If he says, “God hears those who praise Him,” you should say, “Our Lord, praise is yours.” And when he prays sitting, you should all pray sitting.’” Mālik reported to us from Hishām ibn ʿUrwah, from his father, from ʿĀʾishah, who said: “God’s Emissary led prayers in his house while ill. He prayed in a sitting position and people prayed behind him, standing. He indicated that they should sit, and as he was leaving he said, ‘The imam is there 306 307 308 309 ١٨٨ 188 »¥ ü   v wDE   ¡¢f–“”   " # DE DE’   !   Ì   5    !   " # DE DE’Ü!   Ì   5  N 2O !   " # I  Ö      - ê
ë# DE
Y7  - .01 # k l m n o defg   h i I¼ï ‘ # ) d±  
Ì    0   ÉԔ  bV £ L ɦ §K1    #   Z
Ä8$%&v w Ž Ò 2ªŽ # DE    #   Z
Ä8$%&v wde f–ã1   $&I J¬DE :d±  
Ì   .( â I DEtuf v w DE  tuf–“”      â I   v w .  $&g¬
QI¦ §K
MŸ  01 ù ú  ûI    žŸ
  ¡¢f–“”
bV¿ÀHI# UV
Ì  DE«¬DE ‡ Oˆ¸ žŸ #   [ z{ d±  DEÁ !
™23 4–“” bV
  ¡¢f–“”
bV ‡ Oˆ¸ DEV #  ŽÍ Î Ï Ðý   ‡ Oˆ¸
 ¡† #   Zµ € i  ¡c #   [ z{ d±  DEÁ ! ¦3uf 9 :  Ú   .(
ZÄ8 #  ١ . ‡ Oˆ¸
 ¡† # 
™23 4–“” bV ŽDE  tuf–“”
bV =>I     Ž Ò 2ª DE
 ¡† # DE  [ z{ d±  DEÁ !  œ
I  # uf›œ  œ P&
žŸ
    "DEÁ #k l m n o   œ 
    h :  ;Þc ¿ÀHI
§¬   #   N 2O "DE :äå 
Ì   
 x I    
™23 4–“” bV
  ¡¢f–“”
bV  â I¼ï #‘
Ì   ‡ Oˆ¸ DEV # DE £ $&Iœ 
Ì     ¡¢f–“” 
 x I     Ž # 
™DE ¶œ  Z
Ä8$%&v w  x I J 1 de f–ã1 ‡ Oˆ¸ . â I1
–
¯   ™ !DEDE«¬DE de f–ã1
´ # uf›œ  œ I
Ä8 #   œ
™DE ¶œ    - .´§¬  œ
I¼ ] ^´   "ufƒ(¤¥ œ Ž´€ i    x
IŠ :
 žŸ Q v w #  ¨K•uf v w=>I    DE uf£ƒï #‘
Ì   I  JK•uf v w ‡ Oˆ¸ DEV # DE £ $&›œ 
Ì   
ô  I    DE £ $&›œ 
Ì   I
 ß  
p01
 x y P%Q    –“” É1
  ¡   
 x I    
™23 4–“”
ZÄ8 Ò 2ª  ö ] ^  Ì   :äå 
Ì   I  Ԕ É1 de  f–
¯   => ½KM    œ I
Ồ  a
K
  ¡   =>DEtuf 9 :‹Œ žŸ =>I     ™ É1 #  Ž #   ¡¢f›œ –šuf  $&
´³   â I1
–
¯   £ 01
–
¯   I  JK•uf v w=>–7  DE £ $&›œ 
Ì   
– ¯  
pI1
 x y P%Q    –“” É1
  ¡   I
UV23 4–“”
ZÄ8Í Î Ï Ðý   I
 ß  
p01
 x y P%Q  
 ´³    
p  v w I¼ï‘ de
f–7  " Èuf   "
  ¡   Ž Ò 2ª DE . - .01 # k l m n o  =>DEtuf 9 : =>I    ¦3uf 9 :
 Ž #k l m n o
IŠ : ;I     
–šuf›œ 5 |  '¥ # DE .(         [      :  ]       ) :          ١        (                )                  .                                              ٢ .                     ٣١٠ ٣١١ ٣١٢ ٣١٣ ١٨٩ 189 Another Instance simply to be followed. If he bows down, you should bow down; and if he raises his head, you should raise yours; and if he prays sitting, you should pray sitting.’” This is like the hadith-report of Anas, even though Anas’s hadith -report is more clearly explicated than this one. Mālik reported to us from Hishām ibn ʿUrwah, from his father: God’s Emissary emerged during his final illness and approached Abū Bakr while the latter was standing, leading the people in prayer. Abū Bakr held back, but God’s Emissary indicated that he should...