Note: It has become clear that this hadith was previously referenced under no. 2499. However, since it contains here hadith-related and juristic benefits not found there, I preferred to retain it here.
Moreover, I wish here to warn against one of the deviations of that Shaykh al-Ghazālī, who has filled the world with casting doubt upon—and impugning—the authentic hadiths of the Prophet, peace and blessings be upon him, under the guise of defending the Messenger of Allah, peace and blessings be upon him, in his book The Prophetic Sunnah between the Scholars of Fiqh and the Scholars of Hadith. The truth is that everyone among the scholars who has studied this book of his has realized—as clearly as the sun in broad daylight—that he possesses neither fiqh nor hadith knowledge except what conforms to his own reason and inclinations. I have demonstrated some of this in my treatise refuting Ibn Ḥazm and those who followed him in declaring weak al-Bukhārī’s hadith concerning the prohibition of musical instruments, as well as other reports of similar import. I am now in the process of preparing its final draft and readying it for publication, if Allah Most High wills. (1)
Among the hadiths he impugned and denied to be authentic is the hadith concerning the man accused in connection with the Prophet’s female servant, peace and blessings be upon him. In the aforementioned book (p. 29), he categorically stated:
“It is impossible for the Prophet, peace and blessings be upon him, to sentence a man to death on the basis of an unverified accusation!”
In reply, I say:
This is an obvious fallacy, one not hidden from scholars who know the reality of the Prophet’s infallibility, peace and blessings be upon him. It safeguards him, peace and blessings be upon him, from killing a man over an unverified accusation. As for judging according to the legal proofs apparent to him, peace and blessings be upon him, and founded upon the apparent meaning, this is indicated by his explicit statement, peace and blessings be upon him:
“I am only a human being, and litigants come before me. Perhaps some of them are more eloquent than others,”